[House Report 115-404]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
----------
CONFERENCE REPORT
to accompany
H.R. 2810
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 9, 2017.--Ordered to be printed
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
__________
CONFERENCE REPORT
to accompany
H.R. 2810
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 9, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
27-384 WASHINGTON : 2017
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 761
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items............................................. 761
Summary of discretionary authorizations and budget authority
implication................................................ 761
Budgetary effects of this Act (sec. 4)....................... 762
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 762
TITLE I--PROCUREMENT............................................. 762
Budget Items................................................. 762
Virginia-class submarine advanced procurement............ 762
Subtitle A--Authorization of Appropriations.................. 763
Authorization of appropriations (sec. 101)............... 763
Subtitle B--Army Programs.................................... 763
Authority to expedite procurement of 7.62mm rifles (sec.
111)................................................... 763
Limitation on availability of funds for Increment 2 of
the Warfighter Information Network-Tactical program
(sec. 112)............................................. 763
Limitation on availability of funds for upgrade of M113
vehicles (sec. 113).................................... 764
Subtitle C--Navy Programs.................................... 764
Aircraft carriers (sec. 121)............................. 764
Icebreaker vessel (sec. 122)............................. 765
Multiyear procurement authority for Arleigh Burke class
destroyers (sec. 123).................................. 766
Multiyear procurement authority for Virginia class
submarine program (sec. 124)........................... 766
Design and construction of the lead ship of the
amphibious ship replacement designated LX(R) or
amphibious transport dock designated LPD-30 (sec. 125). 767
Multiyear procurement authority for V-22 Osprey aircraft
(sec. 126)............................................. 767
Extension of limitation on use of sole-source
shipbuilding contracts for certain vessels (sec. 127).. 767
Limitation on availability of funds for the enhanced
multi-mission parachute system (sec. 128).............. 767
Report on Navy capacity to increase production of certain
rotary wing aircraft (sec. 129)........................ 768
Subtitle D--Air Force Programs............................... 768
Inventory requirement for Air Force fighter aircraft
(sec. 131)............................................. 768
Prohibition on availability of funds for retirement of E-
8 JSTARS aircraft (sec. 132)........................... 768
Requirement for continuation of JSTARS aircraft
recapitalization program (sec. 133).................... 768
Limitation on selection of single contractor for C-130H
avionics modernization program increment 2 (sec. 134).. 770
Limitation on availability of funds for EC-130H Compass
Call recapitalization program (sec. 135)............... 770
Limitation on retirement of U-2 and RQ-4 aircraft (sec.
136)................................................... 771
Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft
(sec. 137)............................................. 771
Plan for modernization of the radar for F-16 fighter
aircraft of the National Guard (sec. 138).............. 772
Comptroller General review of Air Force fielding plan for
HH-60 replacement programs (sec. 139).................. 772
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 772
F-35 economic order quantity contracting authority (sec.
141)................................................... 772
Authority for explosive ordnance disposal units to
acquire new or emerging technologies and capabilities
(sec. 142)............................................. 772
Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link (sec. 143)... 772
Reinstatement of requirement to preserve certain C-5
aircraft; mobility capability and requirements study
(sec. 144)............................................. 773
Legislative Provisions Not Adopted........................... 773
Limitation on availability of funds for Arleigh Burke
class destroyer........................................ 773
Extensions of authorities relating to construction of
certain vessels........................................ 773
Streamlining acquisition of intercontinental ballistic
missile security capability............................ 773
Authority to increase primary aircraft authorization of
Air Force and Air National Guard A-10 aircraft units
for purposes of facilitating A-10 conversion........... 774
Increase in amounts for enhancing intelligence,
surveillance, and reconnaissance capability............ 774
Limitation on demilitarization of certain cluster
munitions.............................................. 775
Littoral Combat Ship..................................... 775
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 776
Subtitle A--Authorization of Appropriations.................. 776
Authorization of appropriations (sec. 201)............... 776
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 776
Cost controls for presidential aircraft recapitalization
program (sec. 211)..................................... 776
Capital investment authority (sec. 212).................. 776
Prizes for advanced technology achievements (sec. 213)... 776
Joint Hypersonics Transition Office (sec. 214)........... 777
Department of Defense directed energy weapon system
prototyping and demonstration program (sec. 215)....... 777
Appropriate use of authority for prototype projects (sec.
216)................................................... 777
Mechanisms for expedited access to technical talent and
expertise at academic institutions to support
Department of Defense missions (sec. 217).............. 777
Modification of laboratory quality enhancement program
(sec. 218)............................................. 778
Reauthorization of Department of Defense Established
Program to Stimulate Competitive Research (sec. 219)... 778
Codification and enhancement of authorities to provide
funds for defense laboratories for research and
development of technologies for military missions (sec.
220)................................................... 778
Expansion of definition of competitive procedures to
include competitive selection for award of science and
technology proposals (sec. 221)........................ 778
Inclusion of modeling and simulation in test and
evaluation activities for purposes of planning and
budget certification (sec. 222)........................ 779
Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization (sec. 223)............. 779
Improvement of update process for populating mission data
files used in advanced combat aircraft (sec. 224)...... 779
Support for national security innovation and
entrepreneurial education (sec. 225)................... 779
Limitation on cancellation of designation Executive Agent
for a certain Defense Production Act program (sec. 226) 780
Subtitle C--Reports and Other Matters........................ 780
Columbia-class program accountability matrices (sec. 231) 780
Review of barriers to innovation in research and
engineering activities of the Department of Defense
(sec. 232)............................................. 781
Pilot program to improve incentives for technology
transfer from Department of Defense laboratories (sec.
233)................................................... 781
Competitive acquisition plan for low probability of
detection data link networks (sec. 234)................ 782
Clarification of selection dates for pilot program for
the enhancement of the research, development, test, and
evaluation centers of the Department of Defense (sec.
235)................................................... 782
Requirement for a plan to build a prototype for a new
ground combat vehicle for the Army (sec. 236).......... 782
Plan for successfully fielding the Integrated Air and
Missile Defense Battle Command System (sec. 237)....... 783
Legislative Provisions Not Adopted........................... 783
Codification and enhancement of authorities to provide
funds for defense laboratories for research and
development of technologies for military missions...... 783
Hypersonic airbreathing weapons capabilities............. 783
Limitation on availability of funds for MQ-25 unmanned
air system............................................. 784
Differentiation of research and development activities
from service activities................................ 784
Limitation on availability of funds for contract writing
systems................................................ 784
Strategy for use of virtual training technology.......... 784
Increase in funding for electronics and electronic
devices of the Army.................................... 785
Increase in funding for Historically Black Colleges and
Universities and Minority Institutions................. 785
STEM(MM) jobs action plan................................ 786
Jet noise reduction program of the Navy.................. 786
Process for coordination of studies and analysis research
of the Department of Defense........................... 786
Very-low profile hardware to interact with the Mobile
User Objective Systems and other systems............... 787
TITLE III--OPERATION AND MAINTENANCE............................. 787
Subtitle A--Authorization of Appropriations.................. 787
Authorization of appropriations (sec. 301)............... 787
Subtitle B--Energy and Environment........................... 787
Military Aviation and Installation Assurance Siting
Clearinghouse (sec. 311)............................... 787
Energy performance goals and master plan (sec. 312)...... 787
Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot,
Oregon (sec. 313)...................................... 788
Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition
Plant, Texas (sec. 314)................................ 788
Department of the Army cleanup and removal of petroleum,
oil, and lubricant associated with the Prinz Eugen
(sec. 315)............................................. 788
Centers for Disease Control study on health implications
of per- and polyfluoroalkyl substances contamination in
drinking water (sec. 316).............................. 788
Sentinel Landscapes Partnership (sec. 317)............... 788
Report on release of radium or radioactive material into
the groundwater near the industrial reserve plant in
Bethpage, New York (sec. 318).......................... 789
Subtitle C--Logistics and Sustainment........................ 789
Reauthorization of multi-trades demonstration project
(sec. 321)............................................. 789
Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation (sec. 322)................................ 789
Guidance regarding use of organic industrial base (sec.
323)................................................... 789
Subtitle D--Reports.......................................... 790
Quarterly reports on personnel and unit readiness (sec.
331)................................................... 790
Biennial report on core depot-level maintenance and
repair capability (sec. 332)........................... 790
Annual report on personnel, training, and equipment needs
of non-federalized National Guard (sec. 333)........... 790
Annual report on military working dogs used by the
Department of Defense (sec. 334)....................... 790
Report on effects of climate change on Department of
Defense (sec. 335)..................................... 791
Report on optimization of training in and management of
special use airspace (sec. 336)........................ 791
Plan for modernized, dedicated Department of the Navy
adversary air training enterprise (sec. 337)........... 791
Updated guidance regarding biennial core report (sec.
338)................................................... 791
Subtitle E--Other Matters.................................... 792
Explosive safety board (sec. 341)........................ 792
Servicewomen's commemorative partnerships (sec. 342)..... 792
Limitation on availability of funds for advanced skills
management software system of the Navy (sec. 343)...... 792
Cost-benefit analysis of uniform specifications for
Afghan military or security forces (sec. 344).......... 792
Temporary installation reutilization authority for
arsenals, depots, and plants (sec. 345)................ 793
Comprehensive plan for sharing depot-level maintenance
best practices (sec. 346).............................. 793
Pilot program for operation and maintenance budget
presentation (sec. 347)................................ 793
Repurposing and reuse of surplus Army firearms (sec. 348) 793
Department of the Navy marksmanship awards (sec. 349).... 794
Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles
(sec. 350)............................................. 794
Training for National Guard personnel on wildfire
response (sec. 351).................................... 795
Modification of the Second Division Memorial (sec. 352).. 795
Legislative Provisions Not Adopted........................... 795
Prohibition on application of hiring freezes at
Department of Defense industrial base facilities....... 795
Annual briefings on Army explosive ordnance disposal..... 795
Report on Arctic readiness............................... 796
Report on effects of increased automation of defense
industrial base on manufacturing workforce............. 796
Comptroller General review of Department of Defense cost
models used in making personnel decisions.............. 796
Authority to carry out environmental restoration
activities at National Guard and Reserve locations..... 796
Environmental oversight and remediation at Red Hill Bulk
Fuel Storage Facility.................................. 796
Increase in funding for civil military programs.......... 797
Report on maternity uniforms............................. 797
Status of compliance with process for communicating
availability of surplus ammunition..................... 798
Increase in funding for National Guard counter-drug
programs............................................... 798
Facilities demolition plan of the Army................... 798
Funding for environmental restoration, Navy.............. 799
Additional funding table matters......................... 799
Funding for environmental restoration, Air Force......... 799
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 799
Subtitle A--Active Forces.................................... 799
End strengths for active forces (sec. 401)............... 799
Revisions in permanent active duty end strength minimum
levels (sec. 402)...................................... 800
Subtitle B--Reserve Forces................................... 800
End strengths for Selected Reserve (sec. 411)............ 800
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 800
End strengths for military technicians (dual status)
(sec. 413)............................................. 800
Fiscal Year 2018 limitation on number of non-dual status
technicians (sec. 414)................................. 801
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 801
Number of members of the National Guard on full-time duty
in support of the reserves within the National Guard
Bureau (sec. 416)...................................... 801
Subtitle C--Authorization of Appropriations.................. 802
Military personnel (sec. 421)............................ 802
TITLE V--MILITARY PERSONNEL POLICY............................... 802
Subtitle A--Officer Personnel Policy......................... 802
Modification of deadline for submittal by officers of
written communications to promotion selection boards on
matters of importance to their selection (sec. 501).... 802
Clarification to exception for removal of officers from
list of officers recommended for promotion after 18
months without appointment (sec. 502).................. 802
Modification of requirement for specification of number
of officers who may be recommended for early retirement
by a Selective Early Retirement Board (sec. 503)....... 802
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. 504)................ 803
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. 505)...... 803
Clarification of effect of repeal of statutory
specification of general or flag officer grade for
various positions in the Armed Forces (sec. 506)....... 803
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. 507)............. 804
Flexibility in promotion of officers to positions of
Staff Judge Advocate to the Commandant of the Marine
Corps and Deputy Judge Advocate General of the Navy or
Air Force (sec. 508)................................... 804
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. 509)............................ 804
Subtitle B--Reserve Component Management..................... 804
Equal treatment of orders to serve on active duty under
section 12304a and 12304b of title 10, United States
Code (sec. 511)........................................ 804
Service credit for cyberspace experience or advanced
education upon original appointment as a commissioned
officer (sec. 512)..................................... 805
Consolidation of authorities to order members of the
reserve components of the Armed Forces to perform duty
(sec. 513)............................................. 805
Pilot program on use of retired senior enlisted members
of the Army National Guard as Army National Guard
recruiters (sec. 514).................................. 805
Subtitle C--General Service Authorities...................... 806
Part I--Matters Relating to Discharge and Correction of
Military Records........................................... 806
Consideration of additional medical evidence by boards
for the correction of military records and liberal
consideration of evidence relating to post-traumatic
stress disorder or traumatic brain injury (sec. 520)... 806
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. 521)............................................. 806
Confidential review of characterization of terms of
discharge of members who are victims of sex-related
offenses (sec. 522).................................... 806
Training requirements for members of boards for the
correction of military records and personnel who
investigate claims of retaliation (sec. 523)........... 807
Pilot program on use of video teleconferencing technology
by boards for the correction of military records and
discharge review boards (sec. 524)..................... 807
Part II--Other General Service Authorities................. 807
Modification of basis for extension of period for
enlistment in the Armed Forces under the Delayed Entry
Program (sec. 526)..................................... 807
Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments
(sec. 527)............................................. 808
Notification of members of the Armed Forces undergoing
certain administrative separations of potential
eligibility for veterans benefits (sec. 528)........... 808
Extension of authority of the Secretary of Veterans
Affairs to provide for the conduct of medical
disability examinations by contract physicians (sec.
529)................................................... 808
Provision of information on naturalization through
military service (sec. 530)............................ 808
Subtitle D--Military Justice and Other Legal Issues.......... 809
Clarifying amendments related to the Uniform Code of
Military Justice reform by the Military Justice Act of
2016 (sec. 531)........................................ 809
Enhancement of effective prosecution and defense in
courts-martial and related matters (sec. 532).......... 810
Punitive article under the Uniform Code of Military
Justice on wrongful broadcast or distribution of
intimate visual images or visual images of sexually
explicit conduct (sec. 533)............................ 810
Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child (sec. 534).... 811
Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a
delayed entry program (sec. 535)....................... 811
Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual
assault (sec. 536)..................................... 811
Inclusion of information in annual SAPRO reports
regarding military sexual harassment and incidents
involving nonconsensual distribution of private sexual
images (sec. 537)...................................... 811
Inclusion of information in annual SAPRO reports
regarding sexual assaults committed by a member of the
Armed Forces against the member's spouse or other
family member (sec. 538)............................... 812
Subtitle E--Member Education, Training, Resilience, and
Transition................................................. 812
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. 541)......................... 812
Improved employment assistance for members of the Army,
Navy, Air Force, and Marine Corps and veterans (sec.
542)................................................... 812
Limitation on release of military service academy
graduates to participate in professional athletics
(sec. 543)............................................. 813
Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves (sec. 544). 813
Annual certifications related to Ready, Relevant Learning
Initiative of the Navy (sec. 545)...................... 813
Authority to expand eligibility for the United States
Military Apprenticeship Program (sec. 546)............. 814
Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer
professional military education in-residence courses
(sec. 547)............................................. 814
Lieutenant Henry Ossian Flipper Leadership Scholarships
(sec. 548)............................................. 814
Pilot programs on appointment in the excepted service in
the Department of Defense of physically disqualified
former cadets and midshipmen (sec. 549)................ 814
Subtitle F--Defense Dependents' Education and Military Family
Readiness Matters.......................................... 815
Part I--Defense Dependents' Education Matters.............. 815
Assistance to schools with military dependent students
(sec. 551)............................................. 815
Transitions of military dependent students from
Department of Defense dependent schools to other
schools and among schools of local educational agencies
(sec. 552)............................................. 816
Report on educational opportunities in science,
technology, engineering, and mathematics for children
who are dependents of members of the Armed Forces (sec.
553)................................................... 816
Part II--Military Family Readiness Matters................. 817
Codification of authority to conduct family support
programs for immediate family members of members of the
Armed Forces assigned to special operations forces
(sec. 555)............................................. 817
Reimbursement for State licensure and certification costs
of a spouse of a member of the Armed Forces arising
from relocation to another State (sec. 556)............ 817
Temporary extension of extended period of protections for
members of uniformed services relating to mortgages,
mortgage foreclosure, and eviction (sec. 557).......... 818
Enhancing military childcare programs and activities of
the Department of Defense (sec. 558)................... 818
Direct hire authority for Department of Defense for
childcare services providers for Department child
development centers (sec. 559)......................... 818
Pilot program on public-private partnerships for telework
facilities for military spouses on military
installations outside the United States (sec. 560)..... 819
Subtitle G--Decorations and Awards........................... 819
Authorization for award of the Medal of Honor to Garlin
M. Conner for acts of valor during World War II (sec.
561)................................................... 819
Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam
(sec. 562)............................................. 819
Subtitle H--Miscellaneous Reporting Requirements............. 820
Analysis and report on accompanied and unaccompanied
tours of duty in remote locations with high family
support costs (sec. 571)............................... 820
Review and reports on policies for regular and reserve
officer career management (sec. 572)................... 820
Review and report on effects of personnel requirements
and limitations on the availability of members of the
National Guard for the performance of funeral honors
duty for veterans (sec. 573)........................... 820
Review and report on authorities for the employment, use,
and status of National Guard and Reserve technicians
(sec. 574)............................................. 821
Assessment and report on expanding and contracting for
childcare services of the Department of Defense (sec.
575)................................................... 821
Review and report on compensation provided childcare
services providers of the Department of Defense (sec.
576)................................................... 821
Comptroller General of the United States assessment and
report on the Office of Complex Investigations within
the National Guard Bureau (sec. 577)................... 822
Modification of submittal date of Comptroller General of
the United States report on integrity of the Department
of Defense whistleblower program (sec. 578)............ 822
Subtitle I--Other Matters.................................... 822
Expansion of United States Air Force Institute of
Technology enrollment authority to include civilian
employees of the homeland security industry (sec. 581). 822
Conditional designation of Explosive Ordnance Disposal
Corps as a basic branch of the Army (sec. 582)......... 823
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 (sec. 583).. 823
Legislative Provisions Not Adopted........................... 823
Clarification of baselines for authorized numbers of
general and flag officers on active duty and in joint
duty assignments....................................... 823
Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list................................................... 823
Direct employment pilot program for members of the
National Guard and Reserve............................. 824
Authority for officers to opt-out of promotion board
consideration.......................................... 824
Inclusion of specific email address block on certificate
of release or discharge from active duty (DD Form 214). 824
Plan to meet demand for cyberspace career fields in the
reserve components of the Armed Forces................. 824
Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military specialties
within the Armed Forces................................ 824
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........................................ 825
Minimum confinement period required for conviction of
certain sex-related offenses committed by members of
the Armed Forces....................................... 825
Information for the Special Victims' Counsel or Victims'
Legal Counsel.......................................... 825
Consistent access to Special Victims' Counsel for former
dependents of members of the Armed Forces.............. 826
Inclusion of additional information in annual SAPRO
reports................................................ 826
Sexual assault prevention and response................... 826
Report on availability of postsecondary credit for skills
acquired during military service....................... 826
ROTC Cyber Institutes at the senior military colleges.... 826
Program to assist members in obtaining professional
credentials............................................ 827
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.................................. 827
Use of assistance under Department of Defense Tuition
Assistance Program for non-traditional education to
develop cybersecurity and computer coding skills....... 827
Sense of Senate on increasing enrollment in senior
reserve officers' training corps programs at minority-
serving institutions................................... 828
Education for dependents of certain retired members of
the Armed Forces....................................... 828
Replacement of military decorations at the request of
relatives of deceased members of the Armed Forces...... 828
Congressional Defense Service Medal...................... 828
Limitations on authority to revoke certain military
decorations awarded to members of the Armed Forces..... 829
Mechanisms to facilitate the obtaining by military
spouses of occupational licenses or credentials in
other states........................................... 829
Award of Vietnam Service Medal to veterans who
participated in Mayaguez rescue operation.............. 829
Award of medals or other commendations to handlers of
military working dogs and military working dogs........ 829
Eligibility of veterans of Operation End Sweep for
Vietnam Service Medal.................................. 830
Expedited replacement of military decorations for
veterans of World War II and the Korean War............ 830
Atomic Veterans Service Medal............................ 830
Authority of Secretary of the Army to award the Personnel
Protection Equipment award of the Army to former
members of the Army.................................... 830
Servicemembers' Group Life Insurance..................... 830
Voter registration....................................... 831
Sense of Congress regarding section 504 of title 10,
United States Code, on existing authority of the
Department of Defense to enlist individuals, not
otherwise eligible for enlistment, whose enlistment is
vital to the national interest......................... 831
Sense of Congress regarding nondiscrimination at United
States Military Academy................................ 831
Issuance of consolidated pregnancy and parenthood
instruction............................................ 831
Proof of period of military service for purposes of
interest rate limitation under the Servicemembers Civil
Relief Act............................................. 831
Report regarding possible improvements to processing
retirements and medical discharges..................... 832
Establishment of separation oath for members of the Armed
Forces................................................. 832
Authorization of support for Beyond Yellow Ribbon program 832
Criminal background checks of employees of the military
child care system and providers of child care services
and youth program services for military dependents..... 832
Review of TAP for women.................................. 833
Annual report on participation in the Transition
Assistance Program for members of the Armed Forces..... 833
Air Force pilot program on education and training and
certification of secondary and post-secondary students
as aircraft technicians................................ 833
Pilot program on integration of Department of Defense and
non-Federal efforts for civilian employment of members
of the Armed Forces.................................... 834
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 834
Subtitle A--Pay and Allowances............................... 834
Annual adjustment of basic monthly pay (sec. 601)........ 834
Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative (sec. 602).................................. 834
Limitation on modification of payment authority for
Military Housing Privatization Initiative housing (sec.
603)................................................... 834
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. 604)............................... 835
Extension of authority to provide temporary increase in
rates of basic allowance for housing under certain
circumstances (sec. 605)............................... 835
Reevaluation of BAH for the military housing area
including Staten Island (sec. 606)..................... 836
Subtitle B--Bonus and Special and Incentive Pays............. 836
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611).............. 836
One-year extension of certain bonus and special pay
authorities for health care professionals (sec. 612)... 836
One-year extension of special pay and bonus authorities
for nuclear officers (sec. 613)........................ 837
One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities (sec. 614)................................. 837
One-year extension of authorities relating to payment of
other title 37 bonuses and special pays (sec. 615)..... 837
Report regarding the national pilot shortage (sec. 616).. 837
Special aviation incentive pay and bonus authorities for
enlisted members who pilot remotely piloted aircraft
(sec. 617)............................................. 838
Technical and conforming amendments relating to 2008
consolidation of special pay authorities (sec. 618).... 838
Subtitle C--Disability Pay, Retired Pay, and Survivor
Benefits................................................... 838
Permanent extension and cost-of-living adjustments of
special survivor indemnity allowances under the
Survivor Benefit Plan (sec. 621)....................... 838
Adjustments to the Survivor Benefit Plan for members
electing lump sum payments of retired pay under the
modernized retirement system for members of the
uniformed services (sec. 622).......................... 839
Technical correction regarding election to participate in
modernized retirement system for reserve component
members experiencing a break in service (sec. 623)..... 839
Technical corrections to use of member's current pay
grade and years of service in a division of property
involving disposable retired pay (sec. 624)............ 839
Continuation pay for the Coast Guard (sec. 625).......... 839
Subtitle D--Other Matters.................................... 840
Land conveyance authority, Army and Air Force Exchange
Service property, Dallas, Texas (sec. 631)............. 840
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. 632)............................................. 840
Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on
initial entry into the Armed Forces (sec. 633)......... 840
Review and update of regulations governing debt
collectors interactions with unit commanders of members
of the Armed Forces (sec. 634)......................... 840
Legislative Provisions Not Adopted........................... 841
Adjustment to Basic Allowance for Housing at with
dependents rate of certain members of the uniformed
services............................................... 841
Per diem allowance policies.............................. 841
Modification of authority of President to determine
alternative pay adjustment in annual basic pay of
members of the uniformed services...................... 842
Application of basic allowance for housing to members of
the uniformed services in the Virgin Islands........... 842
Reimbursement for state licensure and certification costs
of a member of the Armed Forces arising from separation
from the Armed Forces.................................. 842
Increase in maximum amount of aviation bonus for 12-month
period of obligated service............................ 843
Report regarding management of military commissaries and
exchanges.............................................. 843
Promotion of financial literacy concerning retirement
among members of the Armed Forces...................... 844
Inclusion of Department of Agriculture in Transition
Assistance Program..................................... 844
Report on use of second-destination transportation to
transport fresh fruit and vegetables to commissaries in
the Asia-Pacific region................................ 844
Sense of Senate on the use by exchange stores of small
businesses as suppliers................................ 844
Element in next quadrennial review of military
compensation on value assigned by members of the Armed
Forces to various aspects of military compensation..... 844
TITLE VII--HEALTH CARE PROVISIONS................................ 845
Subtitle A--TRICARE and Other Health Care Benefits........... 845
Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components (sec. 701).................................. 845
Modifications of cost-sharing requirements for the
TRICARE Pharmacy Benefits Program and treatment of
certain pharmaceutical agents (sec. 702)............... 845
Provision of hyperbaric oxygen therapy for certain
members of the Armed Forces (sec. 703)................. 846
Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE
program (sec. 704)..................................... 846
Physical examinations for members of a reserve component
who are separating from the Armed Forces (sec. 705).... 846
Mental health assessments before members separate from
the Armed Forces (sec. 706)............................ 847
Expansion of sexual trauma counseling and treatment for
members of the reserve components (sec. 707)........... 847
Expedited evaluation and treatment for prenatal surgery
under the TRICARE program (sec. 708)................... 847
Subtitle B--Health Care Administration....................... 848
Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States
(sec. 711)............................................. 848
Modification of priority for evaluation and treatment of
individuals at military treatment facilities (sec. 712) 848
Clarification of administration of military medical
treatment facilities (sec. 713)........................ 849
Regular update of prescription drug pricing standard
under TRICARE retail pharmacy program (sec. 714)....... 850
Modification of execution of TRICARE contracting
responsibilities (sec. 715)............................ 850
Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war
(sec. 716)............................................. 851
Modification of determination of average wait times at
urgent care clinics and pharmacies at military medical
treatment facilities under pilot program (sec. 717).... 851
Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for
costs of vaccines provided to covered beneficiaries
(sec. 718)............................................. 851
Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund (sec. 719).......................... 852
Residency requirements for podiatrists (sec. 720)........ 852
Authorization of physical therapist assistants and
occupational therapy assistants to provide services
under the TRICARE program (sec. 721)................... 852
Selection of military commanders and directors of
military medical treatment facilities (sec. 722)....... 852
Subtitle C--Reports and Other Matters........................ 853
Pilot program on health care assistance system (sec. 731) 853
Feasibility study on conduct of pilot program on mental
health readiness of part-time members of the reserve
components of the Armed Forces (sec. 732).............. 853
Report on plan to improve pediatric care and related
services for children of members of the Armed Forces
(sec. 733)............................................. 854
Longitudinal medical study on blast pressure exposure of
members of the Armed Forces (sec. 734)................. 854
Study on safe opioid prescribing practices (sec. 735).... 854
Report on implementation of GAO recommendations (sec.
736)................................................... 855
Declassification by Department of Defense of certain
incidents of exposure of members of the Armed Forces to
toxic substances (sec. 737)............................ 855
Coordination by Veterans Health Administration of efforts
to understand effects of burn pits (sec. 738).......... 855
TRICARE technical amendments (sec. 739).................. 855
Legislative Provisions Not Adopted........................... 855
TRICARE Advantage demonstration program.................. 855
Modification of eligibility for TRICARE Reserve Select
and TRICARE Retired Reserve of certain members of the
reserve components..................................... 856
Mental health assessments for members of the Armed Forces
deployed in support of a contingency operation......... 857
Counseling and treatment for substance use disorders and
chronic pain management services for members who
separate from the Armed Forces......................... 857
Consolidation of cost-sharing requirements under TRICARE
Select and TRICARE Prime............................... 857
Contraception coverage parity under the TRICARE program.. 858
Training requirement for health care professionals
prescribing opioids for treatment of pain in the Armed
Forces................................................. 858
One-year extension of pilot program for prescription drug
acquisition cost parity in the TRICARE pharmacy
benefits program....................................... 858
Research of chronic traumatic encephalopathy............. 859
Prohibition on availability of funds for termination of
Vets4Warriors crisis hotline program................... 859
Pilot program on establishment of integrated health care
delivery systems....................................... 859
Authorization of intergovernmental agreements for the
provision of health screenings......................... 860
Tick-borne diseases...................................... 860
Report................................................... 860
Provision of support by Department of Defense to
Department of Veterans Affairs regarding electronic
health record system................................... 860
Increased collaboration with NIH to combat triple
negative breast cancer................................. 861
Encouraging transition of military medical professionals
into employment with Veterans Health Administration.... 861
Prohibition on conduct of certain medical research and
development projects................................... 861
Inclusion of gambling disorder in health assessments and
related research efforts of the Department of Defense.. 862
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 862
Subtitle A--Acquisition Policy and Management................ 862
Statements of purpose for Department of Defense
acquisition (sec. 801)................................. 862
Management of intellectual property matters within the
Department of Defense (sec. 802)....................... 863
Performance of incurred cost audits (sec. 803)........... 863
Repeal of certain auditing requirements (sec. 804)....... 864
Increased simplified acquisition threshold (sec. 805).... 864
Requirements related to the micro-purchase threshold
(sec. 806)............................................. 865
Process for enhanced supply chain scrutiny (sec. 807).... 865
Defense policy advisory committee on technology (sec.
808)................................................... 865
Report on extension of development, acquisition, and
sustainment authorities of the military departments to
the United States Special Operations Command (sec. 809) 866
Technical and conforming amendments related to program
management provisions (sec. 810)....................... 866
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 866
Modifications to cost or pricing data and reporting
requirements (sec. 811)................................ 866
Applicability of cost and pricing data certification
requirements (sec. 812)................................ 867
Sunset of certain provisions relating to the procurement
of goods other than United States goods (sec. 813)..... 868
Comptroller General report on health and safety records
(sec. 814)............................................. 868
Limitation on unilateral definitization (sec. 815)....... 869
Amendment to sustainment reviews (sec. 816).............. 869
Use of program income by eligible entities that carry out
procurement technical assistance programs (sec. 817)... 869
Enhanced post-award debriefing rights (sec. 818)......... 870
Amendments relating to information technology (sec. 819). 870
Change to definition of subcontract in certain
circumstances (sec. 820)............................... 870
Amendment relating to applicability of inflation
adjustments (sec. 821)................................. 870
Use of lowest price technically acceptable source
selection process (sec. 822)........................... 871
Exemption from design-build selection procedures (sec.
823)................................................... 871
Contract closeout authority (sec. 824)................... 871
Elimination of cost underruns as factor in calculation of
penalties for cost overruns (sec. 825)................. 871
Modification to annual meeting requirement of
Configuration Steering Boards (sec. 826)............... 872
Pilot program on payment of costs for denied Government
Accountability Office bid protests (sec. 827).......... 872
Subtitle C--Provisions Relating to Major Defense Acquisition
Programs................................................... 872
Revisions to definition of major defense acquisition
program (sec. 831)..................................... 872
Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs (sec. 832).................................... 872
Role of the Chief of the armed force in material
development decision and acquisition system milestones
(sec. 833)............................................. 873
Requirement to emphasize reliability and maintainability
in weapon system design (sec. 834)..................... 873
Licensing of appropriate intellectual property to support
major weapon systems (sec. 835)........................ 874
Codification of requirements pertaining to assessment,
management, and control of operating and support costs
for major weapon systems (sec. 836).................... 874
Should-cost management (sec. 837)........................ 874
Improvements to test and evaluation processes and tools
(sec. 838)............................................. 875
Enhancements to transparency in test and evaluation
processes and data (sec. 839).......................... 875
Subtitle D--Provisions Relating to Acquisition Workforce..... 876
Enhancements to the civilian program management workforce
(sec. 841)............................................. 876
Credits to Department of Defense Acquisition Workforce
Development Fund (sec. 842)............................ 877
Improvements to the hiring and training of the
acquisition workforce (sec. 843)....................... 877
Extension and modifications to acquisition demonstration
project (sec. 844)..................................... 878
Subtitle E--Provisions Relating to Commercial Items.......... 878
Procurement through commercial e-commerce portals (sec.
846)................................................... 878
Revision to definition of commercial item (sec. 847)..... 879
Commercial item determinations (sec. 848)................ 879
Review of regulations on commercial items (sec. 849)..... 880
Training in commercial items procurement (sec. 850)...... 880
Subtitle F--Provisions Relating to Services Contracting...... 880
Improvement of planning for acquisition of services (sec.
851)................................................... 880
Standard guidelines for evaluation of requirements for
services contracts (sec. 852).......................... 881
Report on outcome-based services contracts (sec. 853).... 881
Pilot program for longer term multiyear service contracts
(sec. 854)............................................. 882
Subtitle G--Provisions Relating to Other Transaction
Authority and Prototyping.................................. 882
Contract authority for advanced development of initial or
additional prototype units (sec. 861).................. 882
Methods for entering into research agreements (sec. 862). 883
Education and training for transactions other than
contracts and grants (sec. 863)........................ 883
Other transaction authority for certain prototype
projects (sec. 864).................................... 883
Amendment to nontraditional and small contractor
innovation prototyping program (sec. 865).............. 883
Middle tier of acquisition for rapid prototype and rapid
fielding (sec. 866).................................... 884
Preference for use of other transactions and experimental
authority (sec. 867)................................... 884
Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process (sec. 868)............ 884
Subtitle H--Provisions Relating to Software Acquisition...... 885
Noncommercial computer software acquisition
considerations (sec. 871).............................. 885
Defense Innovation Board analysis of software acquisition
regulations (sec. 872)................................. 885
Pilot program to use agile or iterative development
methods to tailor major software-intensive warfighting
systems and defense business systems (sec. 873)........ 885
Software development pilot program using agile best
practices (sec. 874)................................... 886
Pilot program for open source software (sec. 875)........ 887
Subtitle I--Other Matters.................................... 888
Extension of maximum duration of fuel storage contracts
(sec. 881)............................................. 888
Procurement of aviation critical safety items (sec. 882). 888
Modifications to the advisory panel on streamlining and
codifying acquisition regulations (sec. 883)........... 888
Repeal of expired pilot program for leasing commercial
utility cargo vehicles (sec. 884)...................... 889
Exception for business operations from requirement to
accept $1 coins (sec. 885)............................. 889
Development of Procurement Administrative Lead Time (sec.
886)................................................... 889
Notional milestones and standard timelines for contracts
for foreign military sales (sec. 887).................. 889
Assessment and authority to terminate or prohibit
contracts for procurement from Chinese companies
providing support to the Democratic People's Republic
of Korea (sec. 888).................................... 890
Report on defense contracting fraud (sec. 889)........... 890
Comptroller General report on contractor business system
requirements (sec. 890)................................ 890
Training on agile or iterative development methods (sec.
891)................................................... 890
Legislative Provisions Not Adopted........................... 891
Repeal of temporary suspension of public-private
competitions for conversion of Department of Defense
functions to performance by contractors................ 891
Ensuring transparency in acquisition programs............ 891
Waiver authority for purposes of expanding competition... 891
Treatment of independent research and development costs
on certain contracts................................... 891
Nontraditional contractor definition..................... 891
Repeal of domestic source restriction related to wearable
electronics............................................ 892
Identification of commercial services.................... 892
Acquisition positions in the Offices of the Secretaries
of the Military Departments............................ 893
Restriction on use of reverse auctions and lowest price
technically acceptable contracting methods for safety
equipment.............................................. 893
Department of Defense promotion of contractor compliance
with existing law...................................... 893
Major defense acquisition programs: display of budget
information............................................ 893
Modification to definition of commercial items........... 894
Preference for acquisition of commercial items........... 894
Exemption of certain contracts from inflation adjustments 894
Procurement exception relating to agreements with foreign
governments............................................ 894
Enhancing program licensing.............................. 894
Temporary limitation on aggregate annual amount available
for contract services.................................. 895
Sense of Congress regarding steel produced in the United
States................................................. 895
Improved transparency and oversight over Department of
Defense research, development, test, and evaluation
efforts and procurement activities related to medical
research............................................... 895
Rights in technical data related to medical research..... 895
Oversight, audit, and certification from the Defense
Contract Audit Agency for procurement activities
related to medical research............................ 896
Pilot program for adoption of acquisition strategy for
Defense Base Act insurance............................. 896
Annual report on limitation of subcontractor intellectual
property rights........................................ 896
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................. 897
Sense of Congress on the small turbine engine industrial
base................................................... 897
Modification to the HUBZone program...................... 897
Buy American Act training for Defense acquisition
workforce.............................................. 897
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 898
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 898
Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics (sec. 901)...... 898
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.
902)................................................... 898
Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment (sec. 903)..... 899
Consistent period of relief from active duty as a
commissioned officer of a regular component of the
Armed Forces for appointment to Under Secretary of
Defense positions (sec. 904)........................... 899
Qualifications for appointment and additional duties and
powers of certain officials within the Office of the
Under Secretary of Defense (Comptroller) (sec. 905).... 899
Redesignation of Principal Deputy Under Secretaries of
Defense as Deputy Under Secretaries of Defense and
related matters (sec. 906)............................. 900
Reduction of number and elimination of specific
designations of Assistant Secretaries of Defense (sec.
907)................................................... 900
Limitation on maximum number of Deputy Assistant
Secretaries of Defense (sec. 908)...................... 900
Appointment and responsibilities of Chief Information
Officer of the Department of Defense (sec. 909)........ 900
Chief Management Officer of the Department of Defense
(sec. 910)............................................. 902
Subtitle B--Data Management and Analytics.................... 902
Policy on treatment of defense business system data
related to business operations and management (sec.
911)................................................... 902
Transparency of defense management data (sec. 912)....... 902
Establishment of set of activities that use data
analysis, measurement, and other evaluation-related
methods to improve acquisition program outcomes (sec.
913)................................................... 903
Subtitle C--Organization of Other Department of Defense
Offices and Elements....................................... 903
Qualifications for appointment of Assistant Secretaries
of the military departments for financial management
(sec. 921)............................................. 903
Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to
headquarters reduction plan (sec. 922)................. 904
Certifications on cost savings achieved by reductions in
major Department of Defense headquarters activities
(sec. 923)............................................. 904
Corrosion control and prevention executives matters (sec.
924)................................................... 904
Background and security investigations for Department of
Defense personnel (sec. 925)........................... 904
Subtitle D--Miscellaneous Reporting Requirements............. 906
Additional elements in reports on policy, organization,
and management goals of the Secretary of Defense for
the Department of Defense (sec. 931)................... 906
Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of
the Secretary of Defense (sec. 932).................... 907
Report on Office of Corrosion Policy and Oversight (sec.
933)................................................... 907
Subtitle E--Other Matters.................................... 908
Commission on the National Defense Strategy for the
United States (sec. 941)............................... 908
Legislative Provisions Not Adopted........................... 908
Responsibility of the Chief Information Officer of the
Department of Defense for risk management activities
regarding supply chain for information technology
systems................................................ 908
Redesignation of Under Secretary of Defense for Personnel
and Readiness as Under Secretary of Defense for
Personnel and Health................................... 908
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 908
Conforming amendments to title 10, United States Code.... 908
Modification of definition of OSD personnel for purposes
of limitation on number of Office of Secretary of
Defense personnel...................................... 909
Other provisions of law and other references............. 909
Effective date........................................... 909
Reduction in authorized number of Assistant Secretaries
of the military departments............................ 909
Briefing on force management level policy................ 909
Sense of Congress on cooperative program for information
security education..................................... 910
Completion of Department of Defense Directive 2310.07E
regarding missing persons.............................. 910
Reduction in limitation of number of Department of
Defense SES positions.................................. 910
Transfer of lead of Guam Oversight Council from the
Deputy Secretary of Defense to the Secretary of the
Navy................................................... 910
Requirement for National Language Service Corps.......... 910
TITLE X--GENERAL PROVISIONS...................................... 911
Subtitle A--Financial Matters................................ 911
General transfer authority (sec. 1001)................... 911
Consolidation, codification and improvement of certain
authorities and requirements in connection with the
audit of the financial statements of the Department of
Defense (sec. 1002).................................... 911
Improper payment matters (sec. 1003)..................... 912
Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense
(sec. 1004)............................................ 912
Financial operations dashboard for the Department of
Defense (sec. 1005).................................... 912
Review and recommendations on efforts to obtain audit
opinion on full financial statements (sec. 1006)....... 913
Notification requirement for certain contracts for audit
services (sec. 1007)................................... 913
Subtitle B--Counterdrug Activities........................... 913
Extension of authority to support a unified counterdrug
and counterterrorism campaign in Colombia (sec. 1011).. 913
Venue for prosecution of maritime drug trafficking (sec.
1012).................................................. 914
Subtitle C--Naval Vessels and Shipyards...................... 914
National Defense Sealift Fund (sec. 1021)................ 914
Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components (sec. 1022). 916
Operational readiness of littoral combat ships on
extended deployment (sec. 1023)........................ 916
Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships (sec.
1024).................................................. 917
Policy of the United States on minimum number of battle
force ships (sec. 1025)................................ 917
Surveying ships (sec. 1026).............................. 918
Subtitle D--Counterterrorism................................. 918
Modification of authority on support of special
operations to combat terrorism (sec. 1031)............. 918
Termination of requirement to submit annual budget
justification display for Department of Defense
combating terrorism program (sec. 1032)................ 918
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. 1033). 918
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. 1034)....................... 918
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries (sec. 1035). 919
Prohibition on use of funds to close or relinquish
control of United States Naval Station, Guantanamo Bay,
Cuba (sec. 1036)....................................... 919
Sense of Congress regarding providing for timely victim
and family testimony in military commission trials
(sec. 1037)............................................ 919
Report on public availability of military commissions
proceedings (sec. 1038)................................ 920
Subtitle E--Miscellaneous Authorities and Limitations........ 920
Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and
counterintelligence activities (sec. 1041)............. 920
Matters relating to the submittal of future-years defense
programs (sec. 1042)................................... 920
Modifications to humanitarian demining assistance
authorities (sec. 1043)................................ 921
Prohibition on charge of certain tariffs on aircraft
traveling through channel routes (sec. 1044)........... 921
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. 1045)............. 921
Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms (sec. 1046).... 921
Report on western Pacific Ocean ship depot maintenance
capability and capacity (sec. 1047).................... 922
Annual training regarding the influence campaign of the
Russian Federation (sec. 1048)......................... 922
Workforce issues for military realignments in the Pacific
(sec. 1049)............................................ 922
Subtitle F--Studies and Reports.............................. 923
Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the
National Defense Authorization Act for Fiscal Year 2016
(sec. 1051)............................................ 923
Report on transfer of defense articles to units
committing gross violations of human rights (sec. 1052) 923
Report on the National Biodefense Analysis and
Countermeasures Center (sec. 1053)..................... 924
Report on Department of Defense Arctic capability and
resource gaps and required infrastructure (sec. 1054).. 924
Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery
mechanisms (sec. 1055)................................. 924
Mine warfare readiness inspection plan and report (sec.
1056).................................................. 925
Annual report on civilian casualties in connection with
United States military operations (sec. 1057).......... 925
Report on Joint Pacific Alaska Range Complex
modernization (sec. 1058).............................. 925
Report on alternatives to aqueous film forming foam (sec.
1059).................................................. 925
Assessment of global force posture (sec. 1060)........... 925
Army modernization strategy (sec. 1061).................. 926
Report on Army plan to improve operational unit readiness
by reducing number of non-deployable soldiers assigned
to operational units (sec. 1062)....................... 926
Efforts to combat physiological episodes on certain Navy
aircraft (sec. 1063)................................... 927
Studies on aircraft inventories for the Air Force (sec.
1064).................................................. 927
Department of Defense review of Navy capabilities in the
Arctic region (sec. 1065).............................. 927
Comprehensive review of maritime intelligence,
surveillance, reconnaissance, and targeting
capabilities (sec. 1066)............................... 927
Report on the need for a Joint Chemical-Biological
Defense Logistics Center (sec. 1067)................... 928
Missile Technology Control Regime Category I unmanned
aerial vehicle systems (sec. 1068)..................... 928
Recommendations for interagency vetting of foreign
investments affecting national security (sec. 1069).... 928
Briefing on prior attempted Russian cyber attacks against
defense systems (sec. 1070)............................ 929
Enhanced analytical and monitoring capability of the
defense industrial base (sec. 1071).................... 929
Report on defense of combat logistics and strategic
mobility forces (sec. 1072)............................ 929
Report on acquisition strategy to recapitalize the
existing system for undersea fixed surveillance (sec.
1073).................................................. 929
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. 1074)................................. 929
Report on the global food system and vulnerabilities
relevant to Department of Defense missions (sec. 1075). 930
Subtitle G--Modernizing Government Technology................ 931
Modernizing Government Technology Act (secs. 1076-1078).. 931
Subtitle H--Other Matters.................................... 931
Technical, conforming, and clerical amendments (sec.
1081).................................................. 931
Clarification of applicability of certain provisions of
law to civilian judges of the United States Court of
Military Commission Review (sec. 1082)................. 931
Modification of requirement relating to conversation of
certain military technician (dual status) positions to
civilian positions (sec. 1083)......................... 931
National Guard accessibility to Department of Defense
issued unmanned aircraft (sec. 1084)................... 932
Sense of Congress regarding aircraft carriers (sec. 1085) 932
Sense of Congress recognizing the United States Navy
Seabees (sec. 1086).................................... 932
Construction of memorial to the crew of the Apollo I
launch test accident at Arlington National Cemetery
(sec. 1087)............................................ 932
Department of Defense engagement with covered non-Federal
entities (sec. 1088)................................... 933
Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps and Air Force training
and operational aircraft (sec. 1089)................... 933
Providing assistance to House of Representatives in
response to cybersecurity events (sec. 1090)........... 933
Transfer of surplus firearms to Corporation for the
Promotion of Rifle Practice and Firearms Safety (sec.
1091).................................................. 934
Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems
(sec. 1092)............................................ 934
Carriage of certain programming (sec. 1093).............. 935
National strategy for countering violent extremism (sec.
1094).................................................. 935
Sense of Congress regarding World War I (sec. 1095)...... 935
Notice to Congress of terms of Department of Defense
settlement agreements (sec. 1096)...................... 935
Office of Special Counsel reauthorization (sec. 1097).... 936
Air transportation of civilian Department of Defense
personnel to and from Afghanistan (sec. 1098).......... 936
Legislative Provisions Not Adopted........................... 936
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................................ 936
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............................................. 937
Information on Department of Defense funding in
Department press releases and related public statements
on programs, projects, and activities funded by the
Department............................................. 937
Restrictions on the overhaul and repair of vessels in
foreign shipyards...................................... 937
Authority to use video teleconferencing technology in
military commission procedures......................... 938
Authority to transfer individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, to the
United States temporarily for emergency or critical
medical treatment...................................... 938
National Guard flyovers of public events................. 938
Transfer of funds to World War I Centennial Commission... 938
Prohibition on use of funds to designate or expand
Federal National Heritage Areas........................ 938
Requirement relating to transfer of excess Department of
Defense equipment to Federal and State agencies........ 938
Department of Defense integration of information
operations and cyber-enabled information operations.... 939
Sense of Congress on the basing of KC-46A aircraft
outside the continental United States.................. 939
Sense of Congress on use of test sites for research and
development on countering unmanned aircraft systems.... 939
Reports on infrastructure and capabilities of Lajes
Field, Portugal........................................ 940
Report on project, program, and portfolio management
standards.............................................. 940
Protection of Second Amendment rights of military
families............................................... 940
Recognition of the United States Special Operations
Command................................................ 941
Annual reports on approval of employment or compensation
of retired general or flag officers by foreign
governments for Emoluments Clause purposes............. 941
Findings and sense of Congress regarding the National
Guard Youth Challenge Program.......................... 941
Report on large-scale, joint exercises involving the air
and land domains....................................... 941
Sense of Congress regarding National Purple Heart
Recognition Day........................................ 942
Business case analysis on establishment of active duty
association and additional primary aircraft
authorization for the 168th Air Refueling Wing......... 942
Sense of Congress regarding Pacific War Memorial......... 942
Federal charter for Spirit of America.................... 943
Protection against misuse of Naval Special Warfare
Command insignia....................................... 943
Reconsideration of claims for disability compensation for
veterans who were the subjects of mustard gas or
Lewisite experiments during World War II............... 943
Exception to the interdepartmental waiver doctrine for
cleanup of vehicle crashes............................. 944
Prevention of certain health care providers from
providing non-department health care services to
veterans............................................... 944
Comptroller General report on Department of Defense
installation access control initiatives................ 944
Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems..... 945
Report on the circumstances surrounding the 2016 attacks
on the U.S.S. Mason.................................... 945
Comptroller General review of Department of Defense
implementation of open recommendations................. 945
Report on airports used by Mahan Air..................... 946
Open, Public, Electronic, and Necessary (OPEN) Government
Data Act............................................... 947
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.................................. 947
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 947
Direct hire authority for the Department of Defense for
personnel to assist in business transformation and
management innovation (sec. 1101)...................... 947
Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test
Facilities Base (sec. 1102)............................ 948
Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department
of Defense (sec. 1103)................................. 948
Additional Department of Defense science and technology
reinvention laboratories (sec. 1104)................... 948
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1105)............................................ 949
Direct hire authority for financial management experts in
the Department of Defense workforce (sec. 1106)........ 949
Extension of authority for temporary personnel
flexibilities for Domestic Defense Industrial Base
Facilities and Major Range and Test Facilities Base
civilian personnel (sec. 1107)......................... 949
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1108) 950
Extension of overtime rate authority for Department of
the Navy employees performing work aboard or dockside
in support of the nuclear-powered aircraft carrier
forward deployed in Japan (sec. 1109).................. 950
Pilot program on enhanced personnel management system for
cybersecurity and legal professionals in the Department
of Defense (sec. 1110)................................. 950
Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and
Defense Test Resource Management Center (sec. 1111).... 950
Legislative Provisions Not Adopted........................... 951
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..................... 951
Appointment of retired members of the Armed Forces to
positions in or under the Department of Defense........ 951
Authority for wavier of requirement for a baccalaureate
degree for positions in the Department of Defense on
cybersecurity and computer programming................. 951
Briefing on diversity in the civilian workforce on Air
Force installations.................................... 952
Elimination of the foreign exemption provision in regard
to overtime for Federal civilian employees temporarily
assigned to a foreign area............................. 952
Briefing on plans to develop and improve additive
manufacturing capabilities............................. 952
Expansion of SkillBridge initiative to include
participation by Federal agencies...................... 953
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 954
Subtitle A--Assistance and Training.......................... 954
One-year extension of logistical support for coalition
forces supporting certain United States military
operations (sec. 1201)................................. 954
Support of special operations for irregular warfare (sec.
1202).................................................. 954
Obligation of funds in Special Defense Acquisition Fund
for precision guided munitions (sec. 1203)............. 955
Modification of defense institution capacity building and
authority to build capacity of foreign security forces
(sec. 1204)............................................ 955
Extension and modification of authority on training for
Eastern European national security forces in the course
of multilateral exercises (sec. 1205).................. 955
Global Security Contingency Fund (sec. 1206)............. 956
Defense Institute of International Legal Studies (sec.
1207).................................................. 956
Extension of participation in and support of the Inter-
American Defense College (sec. 1208)................... 956
Plan on improvement of ability of national security
forces of foreign countries participating in United
States capacity building programs to protect civilians
(sec. 1209)............................................ 957
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 957
Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan (sec. 1211)...................... 957
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1212).......... 957
Special immigrant visas for Afghan allies (sec. 1213).... 959
Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan (sec. 1214)................................ 959
Extension of semiannual report on enhancing security and
stability in Afghanistan (sec. 1215)................... 959
Human rights vetting of Afghan National Defense and
Security Forces (sec. 1216)............................ 959
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 959
Report on United States strategy in Syria (sec. 1221).... 959
Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria (sec. 1222)...................................... 960
Modification of authority to provide assistance to the
vetted Syrian opposition (sec. 1223)................... 961
Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq (sec. 1224)........................ 961
Modification and additional elements in annual report on
the military power of Iran (sec. 1225)................. 962
Extension of quarterly reports on confirmed ballistic
missile launches from Iran and imposition of sanctions
in connection with those launches (sec. 1226).......... 962
Limitation on use of funds for provision of man-portable
air defense systems to the vetted Syrian opposition
(sec. 1227)............................................ 962
Report on potential agreement with the Government of the
Russian Federation on the status of Syria (sec. 1228).. 963
Subtitle D--Matters Relating to the Russian Federation....... 963
Extension of limitation on military cooperation between
the United States and the Russian Federation (sec.
1231).................................................. 963
Prohibition on availability of funds relating to
sovereignty of the Russian Federation over Crimea (sec.
1232).................................................. 963
Sense of Congress on European security (sec. 1233)....... 964
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1234)................................. 964
Limitation on availability of funds relating to
implementation of the Open Skies Treaty (sec. 1235).... 965
Sense of Congress on importance of nuclear capabilities
of NATO (sec. 1236).................................... 965
Report on Security Cooperation with respect to Western
Balkan countries (sec. 1237)........................... 965
Plan to respond in case of Russian noncompliance with the
New START Treaty (sec. 1238)........................... 966
Strategy to counter threats by the Russian Federation
(sec. 1239)............................................ 966
Strategy to counter the threat of malign influence by the
Russian Federation (sec. 1239A)........................ 967
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty
Preservation Act of 2017................................... 967
INF Treaty Preservation Act of 2017 (secs. 1241-1242,
1246).................................................. 967
Compliance enforcement regarding Russian violations of
the INF Treaty (sec. 1243)............................. 968
Notification requirement related to Russian Federation
development of noncompliant systems and United States
actions regarding material breach of INF Treaty by the
Russian Federation (sec. 1244)......................... 969
Review of RS-26 ballistic missile (sec. 1245)............ 970
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region. 970
Sense of Congress and Initiative on the Indo-Asia-Pacific
region (sec. 1251)..................................... 970
Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region (sec. 1252).. 971
Assessment of United States force posture and basing
needs in the Indo-Asia-Pacific region (sec. 1253)...... 971
Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific
region (sec. 1254)..................................... 972
Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South
Korea (sec. 1255)...................................... 972
Strategy on North Korea (sec. 1256)...................... 973
North Korean nuclear intercontinental ballistic missiles
(sec. 1257)............................................ 974
Advancements in defense cooperation between the United
States and India (sec. 1258)........................... 974
Strengthening the defense partnership between the United
States and Taiwan (sec. 1259).......................... 975
Normalizing the transfer of defense articles and defense
services to Taiwan (sec. 1259A)........................ 975
Assessment on United States defense implications of
China's expanding global access (sec. 1259B)........... 976
Agreement supplemental to Compact of Free Association
with Palau (sec. 1259C)................................ 976
Study on United States interests in the Freely Associated
States (sec. 1259D).................................... 976
Subtitle G--Reports.......................................... 976
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1261)............................................ 976
Modification of annual update of Department of Defense
Freedom of Navigation Operations report (sec. 1262).... 977
Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their
associated forces and co-belligerents (sec. 1263)...... 977
Report on and notice of changes made to the legal and
policy frameworks for the United States' use of
military force and related national security operations
(sec. 1264)............................................ 977
Report on military action of Saudi Arabia and its
coalition partners in Yemen (sec. 1265)................ 978
Submittal of Department of Defense Supplemental and Cost
of War Execution reports on quarterly basis (sec. 1266) 978
Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support
of Operation Inherent Resolve and Operation Freedom's
Sentinel, and associated and successor operations (sec.
1267).................................................. 978
Comptroller General of the United States report on
pricing and availability with respect to foreign
military sales (sec. 1268)............................. 978
Annual report on military and security developments
involving the Russian Federation (sec. 1269)........... 979
Subtitle H--Other Matters.................................... 979
Security and stability strategy for Somalia (sec. 1271).. 979
Global Theater Security Cooperation Management
Information System (sec. 1272)......................... 979
Future years plan for the European Deterrence Initiative
(sec. 1273)............................................ 979
Extension of authority to enter into agreements with
participating countries in the American, British,
Canadian, and Australian Armies' Program (sec. 1274)... 980
United States military and diplomatic strategy for Yemen
(sec. 1275)............................................ 980
Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries (sec. 1276).............. 980
Department of Defense program to protect United States
students against foreign agents (sec. 1277)............ 982
Limitation and extension of United States-Israel anti-
tunnel cooperation authority (sec. 1278)............... 982
Anticorruption strategy (sec. 1279)...................... 982
Strategy to improve defense institutions and security
sector forces in Nigeria (sec. 1279A).................. 983
Limitation on availability of funds to implement the Arms
Trade Treaty (sec. 1279B).............................. 983
Cultural Heritage Protection Coordinator (sec. 1279C).... 983
Security assistance for Baltic nations for joint program
for joint interoperability and deterrence against
aggression (sec. 1279D)................................ 984
Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization
(sec. 1279E)........................................... 984
Clarification of authority to support border security
operations of certain foreign countries (sec. 1279F)... 984
Legislative Provisions Not Adopted........................... 985
Sense of Congress on cybersecurity cooperation with
Ukraine................................................ 985
Extension of Commanders' Emergency Response Program and
related authorities.................................... 985
Report on United States strategy in Afghanistan.......... 985
Sense of Congress relating to Dr. Shakil Afridi.......... 986
Sense of Congress regarding the Afghan special immigrant
visa program........................................... 986
Report on impact of humanitarian crisis on achievement of
United States security objectives in Syria............. 986
Sense of Congress on threats posed by the Government of
Iran................................................... 987
Report on merits of an Incidents at Sea agreement between
the United States, Iran, and certain other countries... 987
Report on steps and protocols related to the rescue,
care, and treatment of captives of the Islamic State... 987
Report on use by the Government of Iran of commercial
aircraft and related services for illicit activities... 988
Strategy for Syria and Iraq.............................. 988
Sense of Congress on support for Georgia................. 988
Sense of Congress on support for Estonia, Latvia, and
Lithuania.............................................. 989
Russian aggression and the security environment in Europe 989
Limitation on availability of funds to extend the
implementation of the New START Treaty................. 989
Short title.............................................. 991
Sense of Congress on the importance of the North Atlantic
Treaty Organization Intelligence Fusion Center......... 991
Findings and sense of Congress........................... 991
Strategy to increase conventional precision strike weapon
stockpiles in the United States European Command's
areas of responsibility................................ 991
Plan to counter the military capabilities of the Russian
Federation............................................. 991
Sense of Congress on enhancing maritime capabilities..... 992
Plan to reduce the risks of miscalculation and unintended
consequences that could precipitate a nuclear war...... 992
Definitions.............................................. 993
Expansion of military-to-military engagement with the
Government of Burma.................................... 993
Sense of Congress on the importance of the rule of law in
the South China Sea.................................... 993
Sense of Congress on freedom of navigation operations in
the South China Sea.................................... 994
Sense of Congress on the Association of Southeast Asian
Nations................................................ 994
Sense of Congress on reaffirming the importance of the
United States-Australia defense alliance............... 995
NATO Cooperative Cyber Defense Center of Excellence...... 995
NATO Strategic Communications Center of Excellence....... 996
Report by Defense Intelligence Agency on certain military
capabilities of China and Russia....................... 996
Sense of Congress on the North Atlantic Treaty
Organization........................................... 997
Sense of Congress on the export of defense articles to
Turkey................................................. 997
Sense of Congress on reaffirming strategic partnerships
and allies............................................. 997
Sense of Congress on consideration of impact of marine
debris in trade agreements............................. 997
Sense of Congress regarding the Chibok schoolgirls and
Boko Haram............................................. 997
Report on Iran and North Korea nuclear and ballistic
missile cooperation.................................... 998
Contingency plans relating to South Sudan................ 998
Sense of Congress on the Western Hemisphere region....... 998
Sense of Congress relating to increases in defense
capabilities of United States allies................... 999
Prohibition on use of funds to conduct military
operations in Yemen.................................... 999
Annual report on attempts of the Russian Federation to
provide disinformation and propaganda to members of the
Armed Forces by social media........................... 999
Support of European Deterrence Initiative to deter
Russian aggression..................................... 1000
Sense of Congress on the European Deterrence Initiative.. 1000
Enhancement of Ukraine Security Assistance Initiative.... 1000
Report on the capabilities and activities of the Islamic
State of Iraq and Syria and other violent extremist
groups in Southeast Asia............................... 1001
Sense of Congress on the Islamic State of Iraq and Syria. 1001
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1001
Specification of Cooperative Threat Reduction funds (sec.
1301).................................................. 1001
Funding allocations (sec. 1302).......................... 1001
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1002
Subtitle A--Military Programs................................ 1002
Working Capital Funds (sec. 1401)........................ 1002
Chemical agents and munitions destruction, Defense (sec.
1402).................................................. 1002
Drug interdiction and counter-drug activities Defense-
wide (sec. 1403)....................................... 1002
Defense Inspector General (sec. 1404).................... 1002
Defense Health Program (sec. 1405)....................... 1002
National Defense Sealift Fund (sec. 1406)................ 1002
Subtitle B--Other Matters.................................... 1003
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. 1411)...................... 1003
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1412)............................ 1003
Armed Forces Retirement Home matters (sec. 1413)......... 1003
Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile (sec. 1414).................................. 1003
Acquisition reporting on major chemical demilitarization
programs of the Department of Defense (sec. 1415)...... 1004
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1004
Subtitle A--Authorization of Appropriations.................. 1004
Purpose and treatment of certain authorizations of
appropriations (sec. 1501)............................. 1004
Overseas contingency operations (sec. 1502).............. 1004
Procurement (sec. 1503).................................. 1004
Research, development, test, and evaluation (sec. 1504).. 1004
Operation and maintenance (sec. 1505).................... 1005
Military personnel (sec. 1506)........................... 1005
Working capital funds (sec. 1507)........................ 1005
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1508)....................................... 1005
Defense Inspector General (sec. 1509).................... 1005
Defense Health Program (sec. 1510)....................... 1005
Subtitle B--Financial Matters................................ 1005
Treatment as additional authorizations (sec. 1511)....... 1006
Special transfer authority (sec. 1512)................... 1006
Subtitle C--Limitations, Reports, and Other Matters.......... 1006
Afghanistan Security Forces Fund (sec. 1521)............. 1006
Joint Improvised-Threat Defeat Fund (sec. 1522).......... 1007
Comptroller General report on feasibility of separation
of expenditures (sec. 1523)............................ 1007
Guidelines for budget items to be covered by overseas
contingency operations accounts (sec. 1524)............ 1007
Legislative Provisions Not Adopted........................... 1007
Enhancement of database of emergency response
capabilities of the Department of Defense.............. 1007
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS... 1008
Subtitle A--Space Activities................................. 1008
Space acquisition and management and oversight (sec.
1601).................................................. 1008
Codification, extension, and modification of limitation
on construction on United States territory of satellite
positioning ground monitoring stations of foreign
governments (sec. 1602)................................ 1010
Foreign commercial satellite services: cybersecurity
threats and launches (sec. 1603)....................... 1010
Extension of pilot program on commercial weather data
(sec. 1604)............................................ 1010
Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space (sec. 1605)..... 1010
Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global
Positioning System (sec. 1606)......................... 1011
Enhancement of positioning, navigation, and timing
capacity (sec. 1607)................................... 1011
Commercial satellite communications pathfinder program
(sec. 1608)............................................ 1012
Launch support and infrastructure modernization (sec.
1609).................................................. 1012
Limitation on availability of funding for Joint Space
Operations Center mission system (sec. 1610)........... 1012
Limitation on use of funds for Delta IV launch vehicle
(sec. 1611)............................................ 1012
Air Force space contractor responsibility watch list
(sec. 1612)............................................ 1012
Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities
(sec. 1613)............................................ 1013
Report on protected satellite communications (sec. 1614). 1013
Sense of Congress on establishment of Space Flag training
event (sec. 1615)...................................... 1013
Sense of Congress on coordinating efforts to prepare for
space weather events (sec. 1616)....................... 1014
Sense of Congress on National Space Defense Center (sec.
1617).................................................. 1014
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1014
Security clearances for facilities of certain contractors
(sec. 1621)............................................ 1014
Extension of authority to engage in certain commercial
activities (sec. 1622)................................. 1014
Submission of audits of commercial activity funds (sec.
1623).................................................. 1014
Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the
combatant commands (sec. 1624)......................... 1015
Consideration of service by recipients of Boren
scholarships and fellowships in excepted service
positions as service by such recipients under career
appointments for purposes of career tenure (sec. 1625). 1015
Review of support provided by Defense intelligence
elements to acquisition activities of the Department
(sec. 1626)............................................ 1015
Establishment of Chairman's controlled activity within
Joint Staff for intelligence, surveillance, and
reconnaissance (sec. 1627)............................. 1015
Requirements relating to multi-use sensitive
compartmented information facilities (sec. 1628)....... 1016
Limitation on availability of funds for certain offensive
counterintelligence activities (sec. 1629)............. 1016
Subtitle C--Cyberspace-Related Matters....................... 1016
Part I--General Cyber Matters.............................. 1016
Notification requirements for sensitive military cyber
operations and cyber weapons (sec. 1631)............... 1016
Modification to quarterly cyber operations briefings
(sec. 1632)............................................ 1017
Policy of the United States on cyberspace, cybersecurity,
and cyber warfare (sec. 1633).......................... 1017
Prohibition on use of products and services developed or
provided by Kaspersky Lab (sec. 1634).................. 1018
Modification of authorities relating to establishment of
unified combatant command for cyber operations (sec.
1635).................................................. 1018
Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems
(sec. 1636)............................................ 1019
Integration of strategic information operations and
cyber-enabled information operations (sec. 1637)....... 1019
Exercise on assessing cybersecurity support to election
systems of States (sec. 1638).......................... 1020
Measurement of compliance with cybersecurity requirements
for industrial control systems (sec. 1639)............. 1020
Strategic Cybersecurity Program (sec. 1640).............. 1020
Plan to increase cyber and information operations,
deterrence, and defense (sec. 1641).................... 1021
Evaluation of agile or iterative development of cyber
tools and applications (sec. 1642)..................... 1021
Assessment of defense critical infrastructure (sec. 1643) 1021
Cyber posture review (sec. 1644)......................... 1021
Briefing on cyber capability and readiness shortfalls
(sec. 1645)............................................ 1022
Briefing on cyber applications of blockchain technology
(sec. 1646)............................................ 1022
Briefing on training infrastructure for cyber mission
forces (sec. 1647)..................................... 1022
Report on termination of dual-hat arrangement for
Commander of the United States Cyber Command (sec.
1648).................................................. 1022
Part II--Cybersecurity Education........................... 1023
Cyber Scholarship Program (sec. 1649).................... 1023
Community college cyber pilot program and assessment
(sec. 1649A)........................................... 1023
Federal Cyber Scholarship-For-Service program updates
(sec. 1649B)........................................... 1023
Cybersecurity teaching (sec. 1649C)...................... 1023
Subtitle D--Nuclear Forces................................... 1024
Annual assessment of cyber resiliency of nuclear command
and control system (sec. 1651)......................... 1024
Collection, storage, and sharing of data relating to
nuclear security enterprise (sec. 1652)................ 1024
Notifications regarding dual-capable F-35A aircraft (sec.
1653).................................................. 1024
Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control,
and Communications System (sec. 1654).................. 1024
Establishment of Nuclear Command and Control Intelligence
Fusion Center (sec. 1655).............................. 1025
Security of nuclear command, control, and communications
system from commercial dependencies (sec. 1656)........ 1025
Oversight of aerial-layer programs by Council on
Oversight of the National Leadership Command, Control,
and Communications System (sec. 1657).................. 1026
Security classification guide for programs relating to
nuclear command, control, and communications and
nuclear deterrence (sec. 1658)......................... 1026
Evaluation and enhanced security of supply chain for
nuclear command, control, and communications and
continuity of government programs (sec. 1659).......... 1026
Procurement authority for certain parts of
intercontinental ballistic missile fuzes (sec. 1660)... 1027
Presidential National Voice Conferencing System and
Phoenix Air-to-Ground Communications Network (sec.
1661).................................................. 1027
Limitation on pursuit of certain command and control
concept (sec. 1662).................................... 1027
Prohibition on availability of funds for mobile variant
of ground-based strategic deterrent missile (sec. 1663) 1028
Prohibition on reduction of the intercontinental
ballistic missiles of the United States (sec. 1664).... 1028
Modification to annual report on plan for the nuclear
weapons stockpile, nuclear weapons complex, nuclear
weapons delivery systems, and nuclear weapons command
and control system (sec. 1665)......................... 1028
Establishment of procedures for implementation of Nuclear
Enterprise Review (sec. 1666).......................... 1028
Report on impacts of nuclear proliferation (sec. 1667)... 1028
Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear
forces in current and future security environments
(sec. 1668)............................................ 1029
Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors (sec. 1669). 1029
Certification requirement with respect to strategic
radiation hardened trusted microelectronics (sec. 1670) 1030
Nuclear Posture Review (sec. 1671)....................... 1030
Sense of Congress on importance of independent nuclear
deterrent of United Kingdom (sec. 1672)................ 1030
Subtitle E--Missile Defense Programs......................... 1030
Administration of missile defense and defeat programs
(sec. 1676)............................................ 1030
Condition for proceeding beyond low-rate initial
production (sec. 1677)................................. 1031
Preservation of the ballistic missile defense capacity of
the Army (sec. 1678)................................... 1031
Modernization of Army lower tier air and missile defense
sensor (sec. 1679)..................................... 1032
Defense of Hawaii from North Korean ballistic missile
attack (sec. 1680)..................................... 1032
Designation of location of continental United States
interceptor site (sec. 1681)........................... 1033
Aegis Ashore anti-air warfare capability (sec. 1682)..... 1033
Development of persistent space-based sensor architecture
(sec. 1683)............................................ 1033
Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and
co-production (sec. 1684).............................. 1034
Boost phase ballistic missile defense (sec. 1685)........ 1035
Ground-based interceptor capability, capacity, and
reliability (sec. 1686)................................ 1036
Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile
defense system (sec. 1687)............................. 1036
Plan for development of space-based ballistic missile
intercept layer (sec. 1688)............................ 1037
Sense of Congress on the state of the missile defense of
the United States (sec. 1689).......................... 1037
Sense of Congress and report on ground-based midcourse
defense testing (sec. 1690)............................ 1038
Subtitle F--Other Matters.................................... 1038
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attacks and Similar Events (sec.
1691).................................................. 1038
Protection of certain facilities and assets from unmanned
aircraft (sec. 1692)................................... 1038
Conventional prompt global strike weapons system (sec.
1693).................................................. 1040
Business case analysis regarding ammonium perchlorate
(sec. 1694)............................................ 1041
Report on industrial base for large solid rocket motors
and related technologies (sec. 1695)................... 1041
Pilot program on enhancing information sharing for
security of supply chain (sec. 1696)................... 1041
Pilot program on electromagnetic spectrum mapping (sec.
1697).................................................. 1042
Use of commercial items in Distributed Common Ground
Systems (sec. 1698).................................... 1042
Legislative Provisions Not Adopted........................... 1042
Establishment of subordinate unified command of the
United States Strategic Command........................ 1042
Policy of the United States with respect to
classification of space as a combat domain............. 1042
Conditional transfer of acquisition and funding authority
of certain weather missions to National Reconnaissance
Office................................................. 1043
Report on space-based nuclear detection.................. 1043
Sense of Congress on new commercial satellite servicing
activities............................................. 1043
Prohibition on use of software platforms developed by
Kaspersky Lab.......................................... 1043
Prohibition on availability of funds for certain
relocation activities for NATO intelligence fusion
center................................................. 1044
Sense of Congress and report on geospatial commercial
activities for basic and applied research and
development............................................ 1044
Department of Defense Counterintelligence polygraph
program................................................ 1045
Security clearance for dual-nationals.................... 1045
Suspension or revocation of security clearances based on
unlawful or inappropriate contacts with representatives
of a foreign government................................ 1045
Strategy for the offensive use of cyber capabilities..... 1045
Definition of deterrence in the context of cyber
operations............................................. 1046
Short title.............................................. 1046
Review of proposed ground-based midcourse defense system
contract............................................... 1046
Short title.............................................. 1046
Evaluation and evolution of terrestrial ground-based
midcourse defense sensors.............................. 1047
Sense of Congress on establishing an award program for
the cyber community of the Department of Defense....... 1048
Report on integration of modernization and sustainment of
nuclear triad.......................................... 1048
Report on progress made in implementing the Cyber
Excepted Personnel System.............................. 1048
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE
MATTERS........................................................ 1048
Amendments to HUBZone provisions of the Small Business
Act (sec. 1701)........................................ 1048
Uniformity in procurement terminology (sec. 1702)........ 1049
Improving reporting on small business goals (sec. 1703).. 1049
Responsibilities of Business Opportunity Specialists
(sec. 1704)............................................ 1050
Responsibilities of commercial market representatives
(sec. 1705)............................................ 1050
Modification of past performance pilot program to include
consideration of past performance with allies of the
United States (sec. 1706).............................. 1050
Notice of cost-free Federal procurement technical
assistance in connection with registration of small
business concerns on procurement websites of the
Department of Defense (sec. 1707)...................... 1050
Inclusion of SBIR and STTR programs in technical
assistance (sec. 1708)................................. 1050
Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR
programs (sec. 1709)................................... 1051
Pilot program for streamlined technology transition from
the SBIR and STTR programs of the Department of Defense
(sec. 1710)............................................ 1051
Pilot program on strengthening manufacturing in the
defense industrial base (sec. 1711).................... 1051
Review regarding applicability of foreign ownership,
control, or influence requirements of National
Industrial Security Program to national technology and
industrial base companies (sec. 1712).................. 1052
Report on sourcing of tungsten and tungsten powders from
domestic producers (sec. 1713)......................... 1052
Report on utilization of small business concerns for
Federal contracts (sec. 1714).......................... 1052
Legislative Provisions Not Adopted........................... 1052
Office of Women's Business Ownership..................... 1052
Women's Business Center Program.......................... 1053
Matching requirements under Women's Business Center
Program................................................ 1053
SCORE reauthorization.................................... 1053
SCORE program............................................ 1053
Online component......................................... 1053
Study and report on the future role of the SCORE program. 1054
Technical and conforming amendments...................... 1054
Use of authorized entrepreneurial development programs... 1054
Marketing of services.................................... 1054
Data collection.......................................... 1054
Fees from private partnerships and cosponsorships........ 1055
Equity for small business development centers............ 1055
Confidentiality requirements............................. 1055
Limitation on award of grants to small business
development centers.................................... 1055
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS................ 1056
Government purchase and travel cards (secs. 1801-1806)... 1056
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1056
Summary.................................................. 1056
Short title (sec. 2001).................................. 1056
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1056
Effective date (sec. 2003)............................... 1056
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1057
Summary.................................................. 1057
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1057
Family housing (sec. 2102)............................... 1057
Improvements to military family housing units (sec. 2103) 1058
Authorization of appropriations, Army (sec. 2104)........ 1058
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2105).......................... 1058
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2106).......................... 1058
Extension of authorization of certain fiscal year 2014
project (sec. 2107).................................... 1058
Extension of authorizations of certain fiscal year 2015
projects (sec. 2108)................................... 1059
Additional authority to carry out certain fiscal year
2000, 2005, 2006, and 2007 projects (sec. 2109)........ 1059
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1059
Summary.................................................. 1059
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1060
Family housing (sec. 2202)............................... 1060
Improvements to military family housing units (sec. 2203) 1060
Authorization of appropriations, Navy (sec. 2204)........ 1060
Extension of authorizations for certain fiscal year 2014
projects (sec. 2205)................................... 1060
Extension of authorizations of certain fiscal year 2015
projects (sec. 2206)................................... 1061
Legislative Provisions Not Adopted........................... 1061
Modification of authority to carry out certain fiscal
year 2016 project...................................... 1061
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1061
Summary.................................................. 1061
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1063
Family housing (sec. 2302)............................... 1063
Improvements to military family housing units (sec. 2303) 1063
Authorization of appropriations, Air Force (sec. 2304)... 1063
Modification of authority to carry out certain fiscal
year 2017 projects (sec. 2305)......................... 1063
Extension of authorizations of certain fiscal year 2015
projects (sec. 2306)................................... 1064
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1064
Summary.................................................. 1064
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1066
Authorized energy resiliency and conservation projects
(sec. 2402)............................................ 1066
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1066
Modification of authority to carry out certain fiscal
year 2017 project (sec. 2404).......................... 1066
Extension of authorizations of certain fiscal year 2014
projects (sec. 2405)................................... 1066
Extension of authorizations of certain fiscal year 2015
projects (sec. 2406)................................... 1067
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1067
Summary.................................................. 1067
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1067
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1067
Authorization of appropriations, NATO (sec. 2502)........ 1067
Subtitle B--Host Country In-Kind Contributions............... 1068
Republic of Korea funded construction projects (sec.
2511).................................................. 1068
Modification of authority to carry out certain fiscal
year 2017 projects (sec. 2512)......................... 1068
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1068
Summary.................................................. 1068
Subtitle A--Project Authorizations and Authorization of
Appropriations............................................. 1069
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1069
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1069
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1069
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1069
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1070
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1070
Subtitle B--Other Matters.................................... 1070
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2611).......................... 1070
Extension of authorizations of certain fiscal year 2014
projects (sec. 2612)................................... 1070
Extension of authorizations of certain fiscal year 2015
projects (sec. 2613)................................... 1070
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1071
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account (sec. 2701)....................... 1071
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1071
Legislative Provisions Not Adopted........................... 1071
Update to report on infrastructure capacity.............. 1071
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS....... 1071
Subtitle A--Military Construction Program and Military Family
Housing.................................................... 1071
Elimination of written notice requirement for military
construction activities and reliance on electronic
submission of notifications and reports (sec. 2801).... 1071
Modification of thresholds applicable to unspecified
minor construction projects (sec. 2802)................ 1072
Annual locality adjustment of dollar thresholds
applicable to unspecified minor military construction
authorities (sec. 2803)................................ 1072
Extension of temporary, limited authority to use
operation and maintenance funds for construction
projects outside the United States (sec. 2804)......... 1072
Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents
(sec. 2805)............................................ 1073
Annual report on unfunded requirements for laboratory
military construction projects (sec. 2806)............. 1073
Subtitle B--Real Property and Facilities Administration...... 1073
Elimination of written notice requirement for military
real property transactions and reliance on electronic
submission of notifications and reports (sec. 2811).... 1073
Certification related to certain acquisitions or leases
of real property (sec. 2812)........................... 1073
Increased term limit for intergovernmental support
agreements to provide installation support services
(sec. 2813)............................................ 1073
Authorizing reimbursement of States for costs of
suppressing wildfires caused by Department of Defense
activities on State lands; restoration of lands of
other Federal agencies for damage caused by Department
of Defense vehicle mishaps (sec. 2814)................. 1074
Criteria for exchanges of property at military
installations (sec. 2815).............................. 1074
Land exchange valuation of property with reduced
development that limits encroachment on military
installations (sec. 2816).............................. 1074
Requirements for window fall prevention devices in
military family housing (sec. 2817).................... 1074
Prohibiting use of updated assessment of public schools
on Department of Defense installations to supersede
funding of certain projects (sec. 2818)................ 1075
Access to military installations by transportation
network companies (sec. 2819).......................... 1075
Subtitle C--Project Management and Oversight Reforms......... 1075
Notification requirement for certain cost increases (sec.
2821).................................................. 1075
Annual report on schedule delays (sec. 2822)............. 1075
Report on design errors and omissions related to Fort
Bliss hospital replacement project (sec. 2823)......... 1076
Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air
Force Base (sec. 2824)................................. 1076
Subtitle D--Energy Resilience................................ 1077
Energy resilience (sec. 2831)............................ 1077
Authority to use energy cost savings for energy
resilience, mission assurance, and weather damage
repair and prevention measures (sec. 2832)............. 1077
Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military
installations (sec. 2833).............................. 1077
Requirement to address energy resilience in exercising
utility system conveyance authority (sec. 2834)........ 1077
In-kind lease payments; prioritization of utility
services that promote energy resilience (sec. 2835).... 1077
Annual Department of Defense energy management reports
(sec. 2836)............................................ 1077
Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses (sec. 2837)....... 1078
Subtitle E--Land Conveyances................................. 1078
Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California (sec. 2841)...................... 1078
Land Conveyance, Mountain Home Air Force Base, Idaho
(sec. 2842)............................................ 1078
Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at
United States Naval Academy, Annapolis, Maryland (sec.
2843).................................................. 1078
Land Conveyance, Natick Soldier Systems Center,
Massachusetts (sec. 2844).............................. 1078
Land exchange, Naval Air Station Corpus Christi, Texas
(sec. 2845)............................................ 1079
Imposition of additional conditions on future use of
Castner Range, Fort Bliss, Texas (sec. 2846)........... 1079
Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming (sec. 2847)......... 1079
Subtitle F--Military Memorials, Monuments, and Museums....... 1079
Recognition of the National Museum of World War II
Aviation (sec. 2861)................................... 1079
Principal office of Aviation Hall of Fame (sec. 2862).... 1080
Establishment of a visitor services facility on the
Arlington Ridge tract (sec. 2863)...................... 1080
Modification of prohibition on transfer of veterans
memorial objects to foreign governments without
specific authorization in law (sec. 2864).............. 1080
Subtitle G--Other Matters.................................... 1080
Authority of the Secretary of the Air Force to accept
lessee improvements at Air Force Plant 42 (sec. 2871).. 1080
Modification of Department of Defense guidance on use of
airfield pavement markings (sec. 2872)................. 1081
Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property (sec.
2873).................................................. 1081
Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station (sec. 2874).................. 1081
Permitting machine room-less elevators in Department of
Defense facilities (sec. 2875)......................... 1081
Disclosure of beneficial ownership by foreign persons of
high security space leased by the Department of Defense
(sec. 2876)............................................ 1082
Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation (sec. 2877)........................ 1082
Report on hurricane damage to Department of Defense
assets (sec. 2878)..................................... 1082
Special rules for certain projects (sec. 2879)........... 1082
Energy security for military installations in Europe
(sec. 2880)............................................ 1083
Legislative Provisions Not Adopted........................... 1083
Authority to use expiring funds for certain military
construction projects.................................. 1083
Authorized cost increases................................ 1083
Clarification of applicability of fair market value
consideration in grants of easements on military lands
for rights-of-way...................................... 1083
Modification of unspecified minor military construction
project authority to cover correction of deficiencies
that are threats to installation resilience............ 1084
Improved process for disposal of Department of Defense
surplus real property located overseas................. 1084
Land Conveyance, Naval Ship Repair Facility, Guam........ 1084
Removal of certain deed restrictions and reversions
associated with the conveyance of property of former
Defense Depot Ogden, Utah.............................. 1085
Land Conveyance, Wasatch-Cache National Forest, Rich
County, Utah........................................... 1085
Indefinite duration of certain military land withdrawals
and reservations and improved management of withdrawn
and reserved lands..................................... 1085
Temporary segregation from public land laws of property
subject to proposed military land withdrawal; temporary
use permits and transfers of small parcels of land
between Departments of Interior and military
departments; more efficient surveying of lands......... 1085
Limited authority for private sector supervision of
military construction projects in event of extensive
cost overruns or project delays........................ 1086
Battleship preservation grant program.................... 1086
Short Title.............................................. 1086
Definitions.............................................. 1086
Areas to be added to Shiloh National Military Park....... 1086
Establishment of affiliated area......................... 1086
Private property protection.............................. 1087
Technical correction to authority for return of certain
lands at Fort Wingate, New Mexico, to original
inhabitants............................................ 1087
Report on compliance with runway clear zone requirements. 1087
Sense of Congress on fire protection in Department of
Defense facilities..................................... 1088
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 1088
Summary.................................................. 1088
Authorized Army construction and land acquisition
projects (sec. 2901)................................... 1088
Authorized Navy construction and land acquisition project
(sec. 2902)............................................ 1088
Authorized Air Force construction and land acquisition
project (sec. 2903).................................... 1089
Authorized Defense Agencies construction and land
acquisition project (sec. 2904)........................ 1089
Authorization of appropriations (sec. 2905).............. 1089
Extension of authorization of certain fiscal year 2015
projects (sec. 2906)................................... 1089
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1089
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1089
Subtitle A--National Security Programs Authorizations........ 1089
National Nuclear Security Administration (sec. 3101)..... 1089
Defense environmental cleanup (sec. 3102)................ 1090
Other defense activities (sec. 3103)..................... 1090
Nuclear energy (sec. 3104)............................... 1090
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1090
Nuclear security enterprise infrastructure modernization
initiative (sec. 3111)................................. 1090
Incorporation of integrated surety architecture in
transportation (sec. 3112)............................. 1091
Cost estimates for life extension program and major
alteration projects (sec. 3113)........................ 1091
Improved information relating to certain defense nuclear
nonproliferation programs (sec. 3114).................. 1091
Research and development of advanced naval reactor fuel
based on low-enriched uranium (sec. 3115).............. 1092
National Nuclear Security Administration pay and
performance system (sec. 3116)......................... 1092
Budget requests and certification regarding nuclear
weapons dismantlement (sec. 3117)...................... 1093
Nuclear warhead design competition (sec. 3118)........... 1093
Modification of minor construction threshold for plant
projects (sec. 3119)................................... 1093
Extension of authorization of Advisory Board on Toxic
Substances and Worker Health (sec. 3120)............... 1093
Use of funds for construction and project support
activities relating to MOX facility (sec. 3121)........ 1094
Prohibition on availability of funds for programs in
Russian Federation (sec. 3122)......................... 1094
Subtitle C--Plans and Reports................................ 1095
Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation (sec.
3131).................................................. 1095
Annual reports on unfunded priorities of National Nuclear
Security Administration (sec. 3132).................... 1095
Modification of certain reporting requirements (sec.
3133).................................................. 1095
Modification to stockpile stewardship, management, and
responsiveness plan (sec. 3134)........................ 1095
Assessment and development of prototype nuclear weapons
of foreign countries (sec. 3135)....................... 1096
Plan for verification, detection, and monitoring of
nuclear weapons and fissile material (sec. 3136)....... 1096
Review of United States nuclear and radiological
terrorism prevention strategy (sec. 3137).............. 1096
Assessment of management and operating contracts of
national security laboratories (sec. 3138)............. 1097
Evaluation of classification of certain defense nuclear
waste (sec. 3139)...................................... 1097
Improved reporting for anti-smuggling radiation detection
systems (sec. 3140).................................... 1097
Plutonium capabilities (sec. 3141)....................... 1098
Report on critical decision 1 on Material Staging
Facility project (sec. 3142)........................... 1098
Plan to further minimize the use of highly enriched
uranium for medical isotopes (sec. 3143)............... 1099
Subtitle D--Other Matters.................................... 1099
Sense of Congress regarding uranium mining and nuclear
testing (sec. 3151).................................... 1099
Legislative Provisions Not Adopted........................... 1099
Department of Energy Counterintelligence polygraph
program................................................ 1099
Security clearance for dual-nationals employed by
National Nuclear Security Agency....................... 1099
Assessment of design trade options of W80-4 warhead...... 1099
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1100
Authorization (sec. 3201)................................ 1100
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1100
Authorization of appropriations (sec. 3401).............. 1100
TITLE XXXV--MARITIME ADMINISTRATION.............................. 1100
Legislative Provisions Adopted............................... 1100
Authorization of the Maritime Administration (sec. 3501). 1100
Merchant Ship Sales Act of 1946 (sec. 3502).............. 1101
Maritime Security Fleet Program; restriction on operation
for new entrants (sec. 3503)........................... 1101
Codification of sections relating to acquisition,
charter, and requisition of vessels (sec. 3504)........ 1101
Assistance for small shipyards (sec. 3505)............... 1101
Report on sexual assault victim recovery in the Coast
Guard (sec. 3506)...................................... 1102
Centers of excellence (sec. 3507)........................ 1102
Foreign spill protection (sec. 3508)..................... 1102
Removal of adjunct professor limit at United States
Merchant Marine Academy (sec. 3509).................... 1102
Acceptance of guarantees in conjunction with partial
donations for major projects of the United States
Merchant Marine Academy (sec. 3510).................... 1103
Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United
States Merchant Marine Academy (sec. 3511)............. 1103
Authority to participate in Federal, State or other
research grants (sec. 3512)............................ 1103
Provision of satellite communication devices during Sea
Year program (sec. 3513)............................... 1103
Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the
United States Merchant Marine Academy (sec. 3514)...... 1103
Sexual assault prevention and response staff for the
United States Merchant Marine Academy (sec. 3515)...... 1104
Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels
(sec. 3516)............................................ 1104
Training requirement for sexual assault investigators
(sec. 3517)............................................ 1104
Legislative Provisions Not Adopted........................... 1104
Maritime Administration.................................. 1104
Application of law....................................... 1104
Recourse for non-U.S. seamen............................. 1105
DIVISION D--FUNDING TABLES....................................... 1105
Authorization of amounts in funding tables (sec. 4001)... 1105
Summary of National Defense Authorizations for Fiscal
Year 2018.............................................. 1105
National Defense Budget Authority Implication............ 1110
TITLE XLI--PROCUREMENT........................................... 1112
Procurement (sec. 4101).................................. 1112
Procurement for overseas contingency operations (sec.
4102).................................................. 1160
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1170
Research, development, test, and evaluation (sec. 4201).. 1170
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 1214
TITLE XLIII--OPERATION AND MAINTENANCE........................... 1217
Operation and maintenance (sec. 4301).................... 1217
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 1243
TITLE XLIV--MILITARY PERSONNEL................................... 1253
Military personnel (sec. 4401)........................... 1253
Military personnel for overseas contingency operations
(sec. 4402)............................................ 1254
TITLE XLV--OTHER AUTHORIZATIONS.................................. 1254
Other authorizations (sec. 4501)......................... 1254
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 1257
TITLE XLVI--MILITARY CONSTRUCTION................................ 1259
Military construction (sec. 4601)........................ 1259
Military construction for overseas contingency operations
(sec. 4602)............................................ 1276
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 1277
Department of Energy national security programs (sec.
4701).................................................. 1278
Legislative Provisions Not Adopted............................... 1292
Overseas contingency operations for base requirements........ 1292
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
_______
November 9, 2017.--Ordered to be printed
_______
Mr. Thornberry, from the Committee on Conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2810]
The Committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2810), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, 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 four divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2018 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch
test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal
entities.
Sec. 1089. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training and
operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response
to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion
of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense
settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense
personnel to and from Afghanistan.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
personnel to assist in business transformation and management
innovation.
Sec. 1102. Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test Facilities
Base.
Sec. 1103. Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department of
Defense.
Sec. 1104. Additional Department of Defense science and technology
reinvention laboratories.
Sec. 1105. One year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1107. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1108. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1109. Extension of overtime rate authority for Department of the
Navy employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed in
Japan.
Sec. 1110. Pilot program on enhanced personnel management system for
cybsersecurity and legal professionals in the Department of
Defense.
Sec. 1111. Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and Defense Test
Resource Management Center.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1202. Support of special operations for irregular warfare.
Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for
precision guided munitions.
Sec. 1204. Modification of defense institution capacity building and
authority to build capacity of foreign security forces.
Sec. 1205. Extension and modification of authority on training for
Eastern European national security forces in the course of
multilateral exercises.
Sec. 1206. Global Security Contingency Fund.
Sec. 1207. Defense Institute of International Legal Studies.
Sec. 1208. Extension of participation in and support of the Inter-
American Defense College.
Sec. 1209. Plan on improvement of ability of national security forces of
foreign countries participating in United States capacity
building programs to protect civilians.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Special immigrant visas for Afghan allies.
Sec. 1214. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Human rights vetting of Afghan National Defense and Security
Forces.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Report on United States strategy in Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1223. Modification of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Modification and additional elements in annual report on the
military power of Iran.
Sec. 1226. Extension of quarterly reports on confirmed ballistic missile
launches from Iran and imposition of sanctions in connection
with those launches.
Sec. 1227. Limitation on use of funds for provision of man-portable air
defense systems to the vetted Syrian opposition.
Sec. 1228. Report on agreement with the Government of the Russian
Federation on the status of Syria.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1233. Sense of Congress on European security.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1236. Sense of Congress on importance of nuclear capabilities of
NATO.
Sec. 1237. Report on Security Cooperation with respect to Western Balkan
Countries.
Sec. 1238. Plan to respond in case of Russian noncompliance with the New
START Treaty.
Sec. 1239. Strategy to counter threats by the Russian Federation.
Sec. 1239A. Strategy to counter the threat of malign influence by the
Russian Federation.
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation
Act of 2017
Sec. 1241. Short title.
Sec. 1242. Findings.
Sec. 1243. Compliance enforcement regarding Russian violations of the
INF Treaty.
Sec. 1244. Notification requirement related to Russian Federation
development of noncompliant systems and United States actions
regarding material breach of INF Treaty by the Russian
Federation.
Sec. 1245. Review of RS-26 ballistic missile.
Sec. 1246. Definitions.
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region
Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific
region.
Sec. 1252. Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region.
Sec. 1253. Assessment of United States force posture and basing needs in
the Indo-Asia-Pacific region.
Sec. 1254. Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific region.
Sec. 1255. Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South Korea.
Sec. 1256. Strategy on North Korea.
Sec. 1257. North Korean nuclear intercontinental ballistic missiles.
Sec. 1258. Advancements in defense cooperation between the United States
and India.
Sec. 1259. Strengthening the defense partnership between the United
States and Taiwan.
Sec. 1259A. Normalizing the transfer of defense articles and defense
services to Taiwan.
Sec. 1259B. Assessment on United States defense implications of China's
expanding global access.
Sec. 1259C. Agreement supplemental to Compact of Free Association with
Palau.
Sec. 1259D. Study on United States interests in the Freely Associated
States.
Subtitle G--Reports
Sec. 1261. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1262. Modifications to annual update of Department of Defense
Freedom of Navigation Operations report.
Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated
forces and co-belligerents.
Sec. 1264. Report on and notice of changes made to the legal and policy
frameworks for the United States' use of military force and
related national security operations.
Sec. 1265. Report on military action of Saudi Arabia and its coalition
partners in Yemen.
Sec. 1266. Submittal of Department of Defense Supplemental and Cost of
War Execution reports on quarterly basis.
Sec. 1267. Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support of
Operation Inherent Resolve, Operation Freedom's Sentinel, and
associated and successor operations.
Sec. 1268. Comptroller General of the United States report on pricing
and availability with respect to foreign military sales.
Sec. 1269. Annual report on military and security developments involving
the Russian Federation.
Subtitle H--Other Matters
Sec. 1271. Security and stability strategy for Somalia.
Sec. 1272. Global Theater Security Cooperation Management Information
System.
Sec. 1273. Future years plan for the European Deterrence Initiative.
Sec. 1274. Extension of authority to enter into agreements with
participating countries in the American, British, Canadian,
and Australian Armies' Program.
Sec. 1275. United States military and diplomatic strategy for Yemen.
Sec. 1276. Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries.
Sec. 1277. Department of Defense program to protect United States
students against foreign agents.
Sec. 1278. Limitation and extension of United States-Israel anti-tunnel
cooperation authority.
Sec. 1279. Anticorruption strategy.
Sec. 1279A. Strategy to improve defense institutions and security sector
forces in Nigeria.
Sec. 1279B. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1279C. Cultural Heritage Protection Coordinator.
Sec. 1279D. Security assistance for Baltic nations for joint program for
interoperability and deterrence against aggression.
Sec. 1279E. Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1279F. Clarification of authority to support border security
operations of certain foreign countries.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Sec. 1406. National Defense Sealift Fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Armed Forces Retirement Home matters.
Sec. 1414. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1415. Acquisition reporting on major chemical demilitarization
programs of the Department of Defense.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised-Threat Defeat Fund.
Sec. 1523. Comptroller General report on feasibility of separation of
expenditures.
Sec. 1524. Guidelines for budget items to be covered by overseas
contingency operations accounts.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Space acquisition and management and oversight.
Sec. 1602. Codification, extension, and modification of limitation on
construction on United States territory of satellite
positioning ground monitoring stations of foreign governments.
Sec. 1603. Foreign commercial satellite services: cybersecurity threats
and launches.
Sec. 1604. Extension of pilot program on commercial weather data.
Sec. 1605. Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space.
Sec. 1606. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1607. Enhancement of positioning, navigation, and timing capacity.
Sec. 1608. Commercial satellite communications pathfinder program.
Sec. 1609. Launch support and infrastructure modernization.
Sec. 1610. Limitation on availability of funding for Joint Space
Operations Center mission system.
Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1612. Air Force space contractor responsibility watch list.
Sec. 1613. Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Sense of Congress on establishment of Space Flag training
event.
Sec. 1616. Sense of Congress on coordinating efforts to prepare for
space weather events.
Sec. 1617. Sense of Congress on National Space Defense Center.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Security clearances for facilities of certain companies.
Sec. 1622. Extension of authority to engage in certain commercial
activities.
Sec. 1623. Submission of audits of commercial activity funds.
Sec. 1624. Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the combatant
commands.
Sec. 1625. Consideration of service by recipients of Boren scholarships
and fellowships in excepted service positions as service by
such recipients under career appointments for purposes of
career tenure.
Sec. 1626. Review of support provided by Defense intelligence elements
to acquisition activities of the Department.
Sec. 1627. Establishment of Chairman's controlled activity within Joint
Staff for intelligence, surveillance, and reconnaissance.
Sec. 1628. Requirements relating to multi-use sensitive compartmented
information facilities.
Sec. 1629. Limitation on availability of funds for certain
counterintelligence activities.
Subtitle C--Cyberspace-Related Matters
Part I--General Cyber Matters
Sec. 1631. Notification requirements for sensitive military cyber
operations and cyber weapons.
Sec. 1632. Modification to quarterly cyber operations briefings.
Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and
cyber warfare.
Sec. 1634. Prohibition on use of products and services developed or
provided by Kaspersky Lab.
Sec. 1635. Modification of authorities relating to establishment of
unified combatant command for cyber operations.
Sec. 1636. Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems.
Sec. 1637. Integration of strategic information operations and cyber-
enabled information operations.
Sec. 1638. Exercise on assessing cybersecurity support to election
systems of States.
Sec. 1639. Measurement of compliance with cybersecurity requirements for
industrial control systems.
Sec. 1640. Strategic Cybersecurity Program.
Sec. 1641. Plan to increase cyber and information operations,
deterrence, and defense.
Sec. 1642. Evaluation of agile or iterative development of cyber tools
and applications.
Sec. 1643. Assessment of defense critical electric infrastructure.
Sec. 1644. Cyber posture review.
Sec. 1645. Briefing on cyber capability and readiness shortfalls.
Sec. 1646. Briefing on cyber applications of blockchain technology.
Sec. 1647. Briefing on training infrastructure for cyber mission forces.
Sec. 1648. Report on termination of dual-hat arrangement for Commander
of the United States Cyber Command.
Part II--Cybersecurity Education
Sec. 1649. Cyber Scholarship Program.
Sec. 1649A. Community college cyber pilot program and assessment.
Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.
Sec. 1649C. Cybersecurity teaching.
Subtitle D--Nuclear Forces
Sec. 1651. Annual assessment of cyber resiliency of nuclear command and
control system.
Sec. 1652. Collection, storage, and sharing of data relating to nuclear
security enterprise.
Sec. 1653. Notifications regarding dual-capable F-35A aircraft.
Sec. 1654. Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control, and
Communications System.
Sec. 1655. Establishment of Nuclear Command and Control Intelligence
Fusion Center.
Sec. 1656. Security of nuclear command, control, and communications
system from commercial dependencies.
Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of
the National Leadership Command, Control, and Communications
System.
Sec. 1658. Security classification guide for programs relating to
nuclear command, control, and communications and nuclear
deterrence.
Sec. 1659. Evaluation and enhanced security of supply chain for nuclear
command, control, and communications and continuity of
government programs.
Sec. 1660. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1661. Presidential National Voice Conferencing System and Phoenix
Air-to-Ground Communications Network.
Sec. 1662. Limitation on pursuit of certain command and control concept.
Sec. 1663. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1664. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1665. Modification to annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1666. Establishment of procedures for implementation of Nuclear
Enterprise Review.
Sec. 1667. Report on impacts of nuclear proliferation.
Sec. 1668. Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear forces
in current and future security environments.
Sec. 1669. Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1670. Certification requirement with respect to strategic radiation
hardened trusted microelectronics.
Sec. 1671. Nuclear Posture Review.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1676. Administration of missile defense and defeat programs.
Sec. 1677. Condition for proceeding beyond low-rate initial production.
Sec. 1678. Preservation of the ballistic missile defense capacity of the
Army.
Sec. 1679. Modernization of Army lower tier air and missile defense
sensor.
Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.
Sec. 1681. Designation of location of continental United States
interceptor site.
Sec. 1682. Aegis Ashore anti-air warfare capability.
Sec. 1683. Development of persistent space-based sensor architecture.
Sec. 1684. Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and co-
production.
Sec. 1685. Boost phase ballistic missile defense.
Sec. 1686. Ground-based interceptor capability, capacity, and
reliability.
Sec. 1687. Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile defense
system.
Sec. 1688. Plan for development of space-based ballistic missile
intercept layer.
Sec. 1689. Sense of Congress on the state of the missile defense of the
United States.
Sec. 1690. Sense of Congress and report on ground-based midcourse
defense testing.
Subtitle F--Other Matters
Sec. 1691. Commission to Assess the Threat to the United States From
Electromagnetic Pulse Attacks and Similar Events.
Sec. 1692. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1693. Conventional prompt global strike weapons system.
Sec. 1694. Business case analysis regarding ammonium perchlorate.
Sec. 1695. Report on industrial base for large solid rocket motors and
related technologies.
Sec. 1696. Pilot program on enhancing information sharing for security
of supply chain.
Sec. 1697. Pilot program on electromagnetic spectrum mapping.
Sec. 1698. Use of commercial items in Distributed Common Ground Systems.
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS
Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702. Uniformity in procurement terminology.
Sec. 1703. Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include
consideration of past performance with allies of the United
States.
Sec. 1707. Notice of cost-free Federal procurement technical assistance
in connection with registration of small business concerns on
procurement websites of the Department of Defense.
Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the
SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense
industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control,
or influence requirements of National Industrial Security
Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from
domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal
contracts.
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper
payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2107. Extension of authorization of certain fiscal year 2014
project.
Sec. 2108. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2109. Additional authority to carry out certain fiscal year 2000,
2005, 2006, and 2007 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations for certain fiscal year 2014
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2017 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resiliency and conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Modification of authority to carry out certain fiscal year
2017 projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Elimination of written notice requirement for military
construction activities and reliance on electronic submission
of notifications and reports.
Sec. 2802. Modification of thresholds applicable to unspecified minor
construction projects.
Sec. 2803. Annual locality adjustment of dollar thresholds applicable to
unspecified minor military construction authorities.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents.
Sec. 2806. Annual report on unfunded requirements for laboratory
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Elimination of written notice requirement for military real
property transactions and reliance on electronic submission of
notifications and reports.
Sec. 2812. Certification related to certain acquisitions or leases of
real property.
Sec. 2813. Increased term limit for intergovernmental support agreements
to provide installation support services.
Sec. 2814. Authorizing reimbursement of States for costs of suppressing
wildfires caused by Department of Defense activities on State
lands; restoration of lands of other Federal agencies for
damage caused by Department of Defense vehicle mishaps.
Sec. 2815. Criteria for exchanges of property at military installations.
Sec. 2816. Land exchange valuation of property with reduced development
that limits encroachment on military installations.
Sec. 2817. Requirements for window fall prevention devices in military
family housing.
Sec. 2818. Prohibiting use of updated assessment of public schools on
Department of Defense installations to supersede funding of
certain projects.
Sec. 2819. Access to military installations by transportation network
companies.
Subtitle C--Project Management and Oversight Reforms
Sec. 2821. Notification requirement for certain cost increases.
Sec. 2822. Annual report on schedule delays.
Sec. 2823. Report on design errors and omissions related to Fort Bliss
hospital replacement project.
Sec. 2824. Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air Force Base.
Subtitle D--Energy Resilience
Sec. 2831. Energy resilience.
Sec. 2832. Authority to use energy cost savings for energy resilience,
mission assurance, and weather damage repair and prevention
measures.
Sec. 2833. Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military installations.
Sec. 2834. Requirement to address energy resilience in exercising
utility system conveyance authority.
Sec. 2835. In-kind lease payments; prioritization of utility services
that promote energy resilience.
Sec. 2836. Annual Department of Defense energy management reports.
Sec. 2837. Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses.
Subtitle E--Land Conveyances
Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California.
Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 2843. Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at United
States Naval Academy, Annapolis, Maryland.
Sec. 2844. Land Conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.
Sec. 2846. Imposition of additional conditions on future use of Castner
Range, Fort Bliss, Texas.
Sec. 2847. Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2861. Recognition of the National Museum of World War II Aviation.
Sec. 2862. Principal office of Aviation Hall of Fame.
Sec. 2863. Establishment of a visitor services facility on the Arlington
Ridge tract.
Sec. 2864. Modification of prohibition on transfer of veterans memorial
objects to foreign governments without specific authorization
in law.
Subtitle G--Other Matters
Sec. 2871. Authority of the Secretary of the Air Force to accept lessee
improvements at Air Force Plant 42.
Sec. 2872. Modification of Department of Defense guidance on use of
airfield pavement markings.
Sec. 2873. Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property.
Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station.
Sec. 2875. Permitting machine room-less elevators in Department of
Defense facilities.
Sec. 2876. Disclosure of beneficial ownership by foreign persons of high
security space leased by the Department of Defense.
Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation.
Sec. 2878. Report on hurricane damage to Department of Defense assets.
Sec. 2879. Special rules for certain projects.
Sec. 2880. Energy security for military installations in Europe.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
project.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
project.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Extension of authorization of certain fiscal year 2015
projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Nuclear security enterprise infrastructure modernization
initiative.
Sec. 3112. Incorporation of integrated surety architecture in
transportation.
Sec. 3113. Cost estimates for life extension program and major
alteration projects.
Sec. 3114. Improved information relating to certain defense nuclear
nonproliferation programs.
Sec. 3115. Research and development of advanced naval reactor fuel based
on low-enriched uranium.
Sec. 3116. National Nuclear Security Administration pay and performance
system.
Sec. 3117. Budget requests and certification regarding nuclear weapons
dismantlement.
Sec. 3118. Nuclear warhead design competition.
Sec. 3119. Modification of minor construction threshold for plant
projects.
Sec. 3120. Extension of authorization of Advisory Board on Toxic
Substances and Worker Health.
Sec. 3121. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Subtitle C--Plans and Reports
Sec. 3131. Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation.
Sec. 3132. Annual reports on unfunded priorities of National Nuclear
Security Administration.
Sec. 3133. Modification of certain reporting requirements.
Sec. 3134. Modification to stockpile stewardship, management, and
responsiveness plan.
Sec. 3135. Assessment and development of prototype nuclear weapons of
foreign countries.
Sec. 3136. Plan for verification, detection, and monitoring of nuclear
weapons and fissile material.
Sec. 3137. Review of United States nuclear and radiological terrorism
prevention strategy.
Sec. 3138. Assessment of management and operating contracts of national
security laboratories.
Sec. 3139. Evaluation of classification of certain defense nuclear
waste.
Sec. 3140. Improved reporting for anti-smuggling radiation detection
systems.
Sec. 3141. Plutonium capabilities.
Sec. 3142. Report on critical decision 1 on Material Staging Facility
project.
Sec. 3143. Plan to further minimize the use of highly enriched uranium
for medical isotopes.
Subtitle D--Other Matters
Sec. 3151. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Merchant Ship Sales Act of 1946.
Sec. 3503. Maritime Security Fleet Program; restriction on operation for
new entrants.
Sec. 3504. Codification of sections relating to acquisition, charter,
and requisition of vessels.
Sec. 3505. Assistance for small shipyards.
Sec. 3506. Report on sexual assault victim recovery in the Coast Guard.
Sec. 3507. Centers of excellence.
Sec. 3508. Foreign spill protection.
Sec. 3509. Removal of adjunct professor limit at United States Merchant
Marine Academy.
Sec. 3510. Acceptance of guarantees in conjunction with partial
donations for major projects of the United States Merchant
Marine Academy.
Sec. 3511. Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United States
Merchant Marine Academy.
Sec. 3512. Authority to participate in Federal, State or other research
grants.
Sec. 3513. Provision of satellite communication devices during Sea Year
program.
Sec. 3514. Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy.
Sec. 3515. Sexual assault prevention and response staff for the United
States Merchant Marine Academy.
Sec. 3516. Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels.
Sec. 3517. Training requirement for sexual assault investigators.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for procurement for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified
in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. AUTHORITY TO EXPEDITE PROCUREMENT OF 7.62MM RIFLES.
(a) 7.62mm Rifles.--
(1) Procurement authority.--The Secretary of the
Army is authorized to expedite the procurement of a
commercially available off-the-shelf item or
nondevelopmental item for a 7.62mm rifle capability in
accordance with this section.
(2) Limitation.--The Secretary of the Army may use
the authority under paragraph (1) to procure only the
following:
(A) Not more than 7,000 7.62mm rifles.
(B) Equipment and ammunition associated
with such rifles.
(3) Contracting procedures.--
(A) Full and open competition.--In awarding
contracts under paragraph (1), the Secretary of
the Army shall use full and open competition to
the extent practicable.
(B) Procedures other than full and open
competition.--The Secretary of the Army may not
award a contract under paragraph (1) using
procedures other than full and open competition
until a period of 10 days has elapsed following
the date on which the Secretary submits to the
congressional committees the report described
in subparagraph (C).
(C) Report.--The report described in this
subparagraph is a report of the Secretary of
the Army that includes--
(i) a detailed justification for
limiting full and open competition for
the procurement authorized under
paragraph (1);
(ii) a description of the
objectives, costs, and timelines
associated with the procurement; and
(iii) an assessment of the
projected impact of the procurement on
any related programs in terms of cost,
schedule, and the use of full and open
competition in such programs.
(b) Related Programs.--
(1) In general.--The Secretary of the Army is
authorized to use funds made available to carry out
subsection (a)--
(A) to accelerate by two years the squad
designated marksman rifle program of the Army;
(B) to accelerate by two years the advanced
armor piercing ammunition program of the Army;
and
(C) subject to paragraph (2), to accelerate
the next generation squad weapon program of the
Army.
(2) Full and open competition.--Any contract
awarded under the next generation squad weapon program
of the Army shall be awarded using full and open
competition.
(c) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'',
and ``nondevelopmental item'' have the meanings given the terms
in chapter 1 of title 41, United States Code.
SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR INCREMENT 2 OF THE
WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of
Defense for fiscal year 2018 for Increment 2 of the Warfighter
Information Network-Tactical program of the Army (referred to
in this section as ``WIN-T Increment 2'') not more than 50
percent may be used to enter into, or to prepare to enter into,
a contract for the procurement of equipment under the program
until the date on which the Secretary of the Army submits the
report under subsection (b).
(b) Report.--Not later than January 31, 2018, the Secretary
of the Army, in consultation with the Chief of Staff of the
Army, shall submit to the congressional defense committees a
report on the strategy of the Army for modernizing air-land ad-
hoc, mobile tactical communications and data networks.
(c) Elements.--The report under subsection (b) shall
include the following:
(1) A description of the strategy of the Army for
modernizing air-land ad-hoc, mobile tactical
communications and data networks.
(2) The justification, rationale, and decision
points for the strategy, including how network
requirements are being redefined.
(3) How the Army intends to implement the
recommendations accepted by the Secretary of the Army
related to air-land ad-hoc, mobile tactical
communications and data networks provided by the
Director of Cost Assessment and Program Evaluation
pursuant to section 237 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 781).
(4) How the Army will address the vulnerabilities
identified by the report of the Director of Cost
Assessment and Program Evaluation on the mobile, ad-hoc
network against a modern peer adversary capable of
cyber and electronic warfare detection and intrusion.
(5) A timeline and decision points for upgrading
fielded WIN-T Increment 1B systems.
(6) A list of planned upgrades for components of
WIN-T Increment 2 designed to improve program
capabilities, including size, weight, and complexity,
including the impact of these improvements on the cost
of the program, as well as fielding schedules for Army
Brigade Combat Teams.
(7) How the strategy will reduce Army reliance on
satellite communications, including procurement and
test strategies for more resilient and secure mid-tier
line of sight capability.
(8) How the strategy will address identified joint
interoperability capability gaps, specifically for
units known as ``fight tonight'' units, including
procurement and test plans for identified solutions.
(9) Decision points associated with the near term
modernization strategy for mitigating operational
capability gaps for such ``fight tonight'' units.
(10) The decision points and timelines associated
with the fielding of modernized mobile tactical network
communications to the reserve components of the Army.
(11) The planned funding and program realignments
required for fiscal year 2018 and across the future
years defense program that will be required to support
the new strategy.
(12) Identification of the changes in acquisition
policy as well as operational requirements being
implemented to deliver an effective, suitable, and
survivable network to the warfighter.
(13) Identification of the changes in leadership
and governance that will be associated with the new
strategy.
(d) Form of Report.--The report required by section (b)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR UPGRADE OF M113
VEHICLES.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for the upgrade of M113 vehicles of the Army, not more than 50
percent may be obligated or expended until the date on which
Secretary of the Army submits to the congressional defense
committees the report described in subsection (b).
(b) Report.--The report described in this subsection is a
report setting forth the strategy of the Army for the upgrade
of M113 vehicles that includes the following:
(1) A detailed strategy for upgrading and fielding
M113 vehicles.
(2) An analysis of the manner in which the Army
plans to address M113 vehicle survivability and
maneuverability concerns.
(3) An analysis of the historical costs associated
with upgrading M113 vehicles, and a validation of
current cost estimates for upgrading such vehicles.
(4) A comparison of--
(A) the total procurement and life cycle
costs of adding an echelon above brigade
requirement to the Army Multi-Purpose Vehicle;
and
(B) the total procurement and life cycle
costs of upgrading legacy M113 vehicles.
(5) An analysis of the possibility of further
accelerating Army Multi-Purpose Vehicle production or
modifying the fielding strategy for the Army Multi-
Purpose Vehicle to meet near-term echelon above brigade
requirements.
Subtitle C--Navy Programs
SEC. 121. AIRCRAFT CARRIERS.
(a) Modification of Cost Limitation Baseline for CVN-78
Class Aircraft Carrier Program.--Section 122 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2105), as most recently amended by
section 122 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 749), is
amended--
(1) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) Carrier designated as cvn-79.--The total
amount obligated from funds appropriated or otherwise
made available for Shipbuilding and Conversion, Navy,
or for any other procurement account, for the aircraft
carrier designated as CVN-79 may not exceed
$11,398,000,000 (as adjusted pursuant to subsection
(b)).
``(3) Follow-on ships.--The total amount obligated
from funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for any ship that is constructed
in the CVN-78 class of aircraft carriers after the
aircraft carrier designated as CVN-79 may not exceed
$12,568,000,000 (as adjusted pursuant to subsection
(b)).'';
(2) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) The amounts of increases or decreases in
costs attributable to economic inflation--
``(A) after September 30, 2013, in the case
of the aircraft carrier designated as CVN-79;
and
``(B) after September 30, 2017, in the case
of any ship that is constructed in the CVN-78
class of aircraft carriers after the aircraft
carrier designated as CVN-79.''; and
(3) by adding at the end the following:
``(g) Exclusion of Battle and Interim Spares From Cost
Limitation.--The Secretary of the Navy shall exclude from the
determination of the amounts set forth in paragraphs (2) and
(3) of subsection (a), the costs of the following items:
``(1) CVN-78 class battle spares.
``(2) Interim spares.''.
(b) Waiver on Limitation of Availability of Funds for CVN-
79.--The Secretary of Defense may waive subsections (a) and (b)
of section 128 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 751) after a
period of 60 days has elapsed following the date on which the
Secretary submits to the congressional defense committees a
written notification of the intent of the Secretary to issue
such a waiver. The Secretary shall include in any such
notification the following:
(1) The rationale of the Secretary for issuing the
waiver.
(2) The revised test and evaluation master plan
that describes when full ship shock trials will be held
on Ford-class aircraft carriers.
(3) A certification that the Secretary has analyzed
and accepted the operational risk of the U.S.S. Gerald
R. Ford deploying without having conducted full ship
shock trials, and that the Secretary has not delegated
the decision to issue such waiver.
SEC. 122. ICEBREAKER VESSEL.
(a) Authority to Procure One Polar-class Heavy
Icebreaker.--
(1) In general.--There is authorized to be procured
for the Coast Guard one polar-class heavy icebreaker
vessel.
(2) Condition for out-year contract payments.--A
contract entered into under paragraph (1) shall provide
that any obligation of the United States to make a
payment under the contract for a fiscal year after
fiscal year 2018 is subject to the availability of
appropriations or funds for that purpose for such later
fiscal year.
(b) Limitation on Availability of Funds for Procurement of
Icebreaker Vessels.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for any fiscal year that are unobligated
as of the date of the enactment of this Act may be obligated or
expended for the procurement of an icebreaker vessel other than
the one polar-class heavy icebreaker vessel authorized to be
procured under subsection (a)(1).
(c) Contracting Authority.--
(1) Coast guard.--If funds are appropriated to the
department in which the Coast Guard is operating to
carry out subsection (a)(1), the head of contracting
activity for the Coast Guard shall be responsible for
contracting actions carried out using such funds.
(2) Navy.--If funds are appropriated to the
Department of Defense to carry out subsection (a)(1),
the head of contracting activity for the Navy, Naval
Sea Systems Command shall be responsible for
contracting actions carried out using such funds.
(3) Interagency acquisition.--Notwithstanding
paragraphs (1) and (2), the head of contracting
activity for the Coast Guard or head of contracting
activity for the Navy, Naval Sea Systems Command (as
the case may be) may authorize interagency acquisitions
that are within the authority of such head of
contracting activity.
(d) Comptroller General Report.--
(1) In general.--Not later than March 1, 2018, the
Comptroller General of the United States shall submit
to the congressional defense committees, the Committee
on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure
of the House of Representatives a report assessing the
cost of, and schedule for, the procurement of new
icebreaker vessels for the Federal Government.
(2) Elements.--The report under paragraph (1) shall
include an analysis of the following:
(A) The status of the efforts of the Coast
Guard to acquire new icebreaking capability,
including an explanation of how such efforts
are coordinated through the integrated program
office.
(B) Actions taken by the Coast Guard to
incorporate key practices of other countries
with respect to the procurement of icebreaker
vessels to increase the Coast Guard's knowledge
of, and to reduce the costs and risks of,
procuring such vessels.
(C) The extent to which the cost and
schedule for the construction of Coast Guard
icebreakers differs from such cost and schedule
in other countries.
(D) The extent to which innovative
acquisition practices (such as multiyear
funding and block buys) may be applied to the
procurement of icebreaker vessels to reduce the
costs and accelerate the schedule of such
procurement.
(E) A capacity replacement plan to mitigate
a potential icebreaker capability gap if the
Polar Star cannot remain in service.
(F) Any other matters the Comptroller
General considers appropriate.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts for the
procurement of up to 15 Arleigh Burke class Flight III guided
missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), and for
systems and subsystems associated with such destroyers in
economic order quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(d) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification
would increase the target price of the destroyer by more than
10 percent above the target price specified in the original
contract awarded for the destroyer under subsection (a).
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts for the
procurement of not more than 13 Virginia class submarines.
(b) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification
would increase the target price of the submarine by more than
10 percent above the target price specified in the original
contract awarded for the submarine under subsection (a).
(c) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
Virginia class submarines for which authorization to enter into
a multiyear procurement contract is provided under subsection
(a) and for equipment or subsystems associated with the
Virginia class submarine program, including procurement of--
(1) long lead time material; or
(2) material or equipment in economic order
quantities when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2019 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(e) Limitation on Termination Liability.--A contract for
the construction of Virginia class submarines entered into
under subsection (a) shall include a clause that limits the
liability of the United States to the contractor for any
termination of the contract. The maximum liability of the
United States under the clause shall be the amount appropriated
for the submarines covered by the contract regardless of the
amount obligated under the contract.
(f) Virginia Class Submarine Defined.--The term ``Virginia
class submarine'' means a block V configured Virginia class
submarine.
SEC. 125. DESIGN AND CONSTRUCTION OF THE LEAD SHIP OF THE AMPHIBIOUS
SHIP REPLACEMENT DESIGNATED LX(R) OR AMPHIBIOUS
TRANSPORT DOCK DESIGNATED LPD-30.
(a) In General.--Using funds authorized to be appropriated
for the Department of Defense for Shipbuilding and Conversion,
Navy, the Secretary of the Navy may enter into a contract,
beginning with the fiscal year 2018 program year, for the
design and construction of--
(1) the lead ship of the amphibious ship
replacement class designated LX(R); or
(2) the amphibious transport dock designated LPD-
30.
(b) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary may
use incremental funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2018 is subject
to the availability of appropriations for that purpose for such
later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 OSPREY AIRCRAFT.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code (except as
provided in subsection (b)), the Secretary of the Navy may
enter into one or more multiyear contracts, beginning with the
2018 program year, for the procurement of the following:
(1) V-22 Osprey aircraft.
(2) Common configuration-readiness and
modernization upgrades for V-22 Osprey aircraft.
(b) Contract Period.--Notwithstanding section 2306b(k) of
title 10, United States Code, the period covered by a contract
entered into on a multiyear basis under the authority of
subsection (a) may exceed five years, but may not exceed seven
years.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
SEC. 127. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING
CONTRACTS FOR CERTAIN VESSELS.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``2017'' and inserting ``2017 or fiscal year 2018''.
SEC. 128. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ENHANCED MULTI-
MISSION PARACHUTE SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of
Defense for fiscal year 2018 for the enhanced multi-mission
parachute system, not more than 80 percent may be used to enter
into, or to prepare to enter into, a contract for the
procurement of such parachute system until the date on which
the Secretary of the Navy submits to the congressional defense
committees the certification under subsection (b) and the
report under subsection (c).
(b) Certification.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a certification
that states--
(1) whether the multi-mission parachute system
fielded by the Marine Corps meets Marine Corps
requirements;
(2) whether the RA-1 parachute system of the Army
meets Marine Corps requirements;
(3) whether the PARIS, Special Application
Parachute of the Marine Corps meets Marine Corps
requirements;
(4) whether the testing plan for the enhanced
multi-mission parachute system meets all applicable
regulatory requirements; and
(5) whether the Department of the Navy has
determined that a high glide canopy parachute system is
as safe and effective as the fielded free fall
parachute systems.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that
includes--
(1) an explanation for using the Parachute Industry
Association specification for a military parachute
given that sports parachutes are deployed from
relatively slow flying civilian aircraft at altitudes
below 10,000 feet;
(2) a cost estimate for any new equipment and
training that the Marine Corps will require in order to
use a high glide parachute;
(3) justification for why the Department of the
Navy is not conducting any testing of parachutes until
first article testing; and
(4) an assessment of the risks associated with high
glide canopy parachutes with a focus on how the
Department of the Navy will mitigate the risk of
malfunctions experienced in other high glide canopy
parachute programs.
SEC. 129. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION OF CERTAIN
ROTARY WING AIRCRAFT.
(a) Report.--Not later than March 30, 2018, the Secretary
of the Navy shall submit to the congressional defense
committees a report that describes and assesses the capacity of
the Navy to increase production of the aircraft described in
subsection (b), taking into account an increase in the size of
the surface fleet of the Navy to 355 ships.
(b) Aircraft Described.--The aircraft described in this
subsection are the following:
(1) Anti-submarine warfare rotary wing aircraft.
(2) Search and rescue rotary wing aircraft.
Subtitle D--Air Force Programs
SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i)(1) During the period beginning on October 1, 2017,
and ending on October 1, 2022, the Secretary of the Air Force
shall maintain a total aircraft inventory of fighter aircraft
of not less than 1,970 aircraft, and a total primary mission
aircraft inventory (combat-coded) of not less than 1,145
fighter aircraft.
``(2) In this subsection:
``(A) The term `fighter aircraft' means an aircraft
that--
``(i) is designated by a mission design
series prefix of F- or A-;
``(ii) is manned by one or two crewmembers;
and
``(iii) executes single-role or multi-role
missions, including air-to-air combat, air-to-
ground attack, air interdiction, suppression or
destruction of enemy air defenses, close air
support, strike control and reconnaissance,
combat search and rescue support, or airborne
forward air control.
``(B) The term `primary mission aircraft inventory'
means aircraft assigned to meet the primary aircraft
authorization to a unit for the performance of its
wartime mission.''.
(b) Limitation on Retirement of Air Force Fighter
Aircraft.--
(1) Limitation.--Except as provided in subsection
(c), during the period beginning on October 1, 2017,
and ending on October 1, 2022, the Secretary of the Air
Force may not proceed with a decision to retire fighter
aircraft in any number that would reduce the total
number of such aircraft in the Air Force total active
inventory below 1,970, and shall maintain a minimum of
1,145 fighter aircraft designated as primary mission
aircraft inventory.
(2) Additional limitations on retirement of fighter
aircraft.--Except as provided in subsection (c), during
the period beginning on October 1, 2017, and ending on
October 1, 2022, the Secretary of the Air Force may not
retire fighter aircraft from the total active inventory
as of the date of the enactment of this Act until the
later of the following:
(A) The date that is 30 days after the date
on which the Secretary submits the report
required under paragraph (3).
(B) The date that is 30 days after the date
on which the Secretary certifies to the
congressional defense committees that--
(i) the retirement of such fighter
aircraft will not increase the
operational risk of meeting the
National Defense Strategy; and
(ii) the retirement of such
aircraft will not reduce the total
fighter force structure below 1,970
fighter aircraft or the primary mission
aircraft inventory below 1,145.
(3) Report on retirement of aircraft.--The
Secretary of the Air Force shall submit to the
congressional defense committees a report setting forth
the following:
(A) The rationale for the retirement of
existing fighter aircraft and an operational
analysis of the portfolio of capabilities of
the Air Force that demonstrates performance of
the designated mission at an equal or greater
level of effectiveness as the retiring
aircraft.
(B) An assessment of the implications for
the Air Force, the Air National Guard, and the
Air Force Reserve of the force mix ratio of
fighter aircraft.
(C) Such other matters relating to the
retirement of fighter aircraft as the Secretary
considers appropriate.
(c) Exception for Certain Aircraft.--The requirement of
subsection (b) does not apply to individual fighter aircraft
that the Secretary of the Air Force determines, on a case-by-
case basis, to be non-operational because of mishaps, other
damage, or being uneconomical to repair.
(d) Fighter Aircraft Defined.--In this section, the term
``fighter aircraft'' has the meaning given the term in
subsection (i)(2)(A) of section 8062 of title 10, United States
Code, as added by subsection (a) of this section.
SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8
JSTARS AIRCRAFT.
(a) Prohibition on Availability of Funds for Retirement.--
Except as provided by subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 for the Air Force may be
obligated or expended to retire, or prepare to retire, any E-8
Joint Surveillance Target Attack Radar System aircraft.
(b) Exception.--The prohibition in subsection (a) shall not
apply to individual E-8 Joint Surveillance Target Attack Radar
System aircraft that the Secretary of the Air Force determines,
on a case-by-case basis, to be non-operational because of
mishaps, other damage, or being uneconomical to repair.
SEC. 133. REQUIREMENT FOR CONTINUATION OF JSTARS AIRCRAFT
RECAPITALIZATION PROGRAM.
(a) In General.--If the budget request submitted to
Congress for any fiscal year includes a request by the
Secretary of the Air Force to cancel or modify the JSTARS
aircraft recapitalization program, the Secretary of Defense
shall submit, as part of such budget request, the report
described in subsection (b).
(b) Report.--The report described in this subsection, is a
report that includes the following:
(1) The assumptions, rationale, and all analysis
supporting the proposed cancellation or modification of
the JSTARS aircraft recapitalization program.
(2) An assessment of the implications of such
cancellation or modification for meeting the mission
requirements for air battle management and moving
target indicator intelligence discipline of the Air
Force, the Air National Guard, the Army, the Army
National Guard, the Navy and Marine Corps, and the
combatant commands.
(3) A certification that the plan for the
cancellation or modification of the recapitalization
program would not result in an increased time during
which there is a capability or capacity gap in
providing battlefield management, command and control
and intelligence, surveillance, and reconnaissance
capabilities to the combatant commanders.
(4) Such other matters relating to the proposed
cancellation or modification as the Secretary considers
appropriate.
(c) Form of Report.--The report under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``budget request'' means the budget
materials submitted by the Secretary of Defense in
support of the budget of the President for a fiscal
year (submitted to Congress pursuant to section 1105 of
title 31, United States Code).
(2) The term ``JSTARS aircraft recapitalization
program'' means the recapitalization program for the E-
8C Joint Surveillance Target Attack Radar System
aircraft as such program is proposed to be carried out
in the budget request submitted to Congress for fiscal
year 2018.
SEC. 134. LIMITATION ON SELECTION OF SINGLE CONTRACTOR FOR C-130H
AVIONICS MODERNIZATION PROGRAM INCREMENT 2.
(a) Limitation.--The Secretary of the Air Force may not
select only a single prime contractor to carry out increment 2
of the C-130H avionics modernization program until the
Secretary submits to the congressional defense committees a
written certification that, in selecting such a single prime
contractor--
(1) the Secretary will ensure, to the extent
practicable, that commercially available off-the-shelf
items are used under the program, including technology
solutions and nondevelopmental items; and
(2) excessively restrictive military specification
standards will not be used to restrict or eliminate
full and open competition in the selection process.
(b) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'',
and ``nondevelopmental item'' have the meanings given the terms
in chapter 1 of title 41, United States Code.
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR EC-130H COMPASS CALL
RECAPITALIZATION PROGRAM.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for any
fiscal year for the EC-130H Compass Call recapitalization
program of the Air Force may be obligated until a period of 30
days has elapsed following the date on which the Under
Secretary of Defense for Acquisition, Technology, and Logistics
submits to the congressional defense committees the
certification described in subsection (b).
(b) Certification.--The certification described in this
subsection is a written statement certifying that--
(1) an independent review of the acquisition
process for the EC-130H Compass Call recapitalization
program of the Air Force has been conducted; and
(2) as a result of such review, it has been
determined that the acquisition process for such
program complies with all applicable laws, guidelines,
and best practices.
SEC. 136. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may take no
action that would prevent the Air Force from maintaining the
fleets of U-2 aircraft or RQ-4 aircraft in their current, or
improved, configurations and capabilities until--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies in writing to the
appropriate committees of Congress that--
(A) in the case of the RQ-4 aircraft, the
validated operating and sustainment costs of
the capability developed to replace the RQ-4
aircraft are less than the validated operating
and sustainment costs for the RQ-4 aircraft on
a comparable flight-hour cost basis; or
(B) in the case of the U-2 aircraft, the
validated operating and sustainment costs of
the capability developed to replace the U-2
aircraft are less than the validated operating
and sustainment costs for the U-2 aircraft on a
comparable flight-hour cost basis; and
(2) the Chairman of the Joint Requirements
Oversight Council certifies in writing to the
appropriate committees of Congress that the capability
to be fielded at the same time or before the retirement
of the U-2 aircraft or RQ-4 aircraft (as the case may
be) would result in equal or greater capability
available to the commanders of the combatant commands
and would not result in less capacity available to the
commanders of the combatant commands.
(b) Waiver.--The Secretary of Defense may waive the
certification requirement under subsection (a)(1) with respect
to U-2 aircraft or RQ-4 aircraft if the Secretary--
(1) determines, after analyzing sufficient and
relevant data, that a greater capability is worth
increased operating and sustainment costs; and
(2) provides to the appropriate committees of
Congress a certification of such determination and
supporting analysis.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(d) Repeal.--Section 133 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1321) is repealed.
SEC. 137. COST-BENEFIT ANALYSIS OF UPGRADES TO MQ-9 REAPER AIRCRAFT.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of the Air Force, shall conduct an analysis
that compares the costs and benefits of the following:
(1) Upgrading fielded MQ-9 Reaper aircraft to a
Block 5 configuration.
(2) Proceeding with the procurement of MQ-9B
aircraft instead of upgrading fielded MQ-9 Reaper
aircraft to a Block 5 configuration.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report that includes the results of the
cost-benefit analysis conducted under subsection (a).
(2) Form of report.--The report required by
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 138. PLAN FOR MODERNIZATION OF THE RADAR FOR F-16 FIGHTER AIRCRAFT
OF THE NATIONAL GUARD.
(a) Modernization Plan Required.--The Secretary of the Air
Force shall develop a plan to modernize the radars of F-16
fighter aircraft of the National Guard by replacing legacy
mechanically-scanned radars for such aircraft with active
electronically scanned array radars.
(b) Report.--Not later 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees the plan
developed under subsection (a).
SEC. 139. COMPTROLLER GENERAL REVIEW OF AIR FORCE FIELDING PLAN FOR HH-
60 REPLACEMENT PROGRAMS.
(a) Comptroller General Review.--The Comptroller General of
the United States shall conduct a review of the Air Force
fielding plan for the HH-60 replacement programs.
(b) Elements.--The review conducted under subsection (a)
shall include, with respect to the HH-60 replacement programs,
the following:
(1) A description of the recommendations of the
National Commission on the Structure of the Air Force
regarding the use of concurrent and proportional
fielding and how the Air Force applied the
recommendations in the fielding plan for the HH-60G
replacement programs.
(2) An evaluation of the fielding plan, including
an assessment of the Air Force rationale for the plan,
as well as the alternative fielding plans considered by
the Air Force.
(3) An evaluation of the potential readiness impact
of the fielding plan on active duty, National Guard,
and Reserve units, including the impact of the plan on
the ability of such units to meet training,
maintenance, and deployment requirements, as well as
the implications for total force integration
initiatives should the fielding not be proportional.
(c) Briefing.--Not later than March 1, 2018, the
Comptroller General shall provide a briefing to the
congressional defense committees on the review conducted under
subsection (a).
(d) Final Report.--Not later than June 30, 2018, the
Comptroller General shall submit to the congressional
committees a report that includes the results of the review
conducted under subsection (a).
(e) HH-60G Replacement Programs Defined.--In this section,
the term ``HH-60G replacement programs'' means the HH-60G Ops
Loss Replacement program and the HH-60W Combat Rescue
Helicopter program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. F-35 ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY.
(a) In General.--Subject to subsections (b) through (e),
from amounts made available for obligation under the F-35
aircraft program, the Secretary of Defense may enter into one
or more contracts, beginning with the fiscal year 2018 program
year, for the procurement of economic order quantities of
material and equipment that has completed formal hardware
qualification testing for the F-35 aircraft program for use in
procurement contracts to be awarded for such program during
fiscal years 2019 and 2020.
(b) Limitation.--The total amount obligated under all
contracts entered into under subsection (a) shall not exceed
$661,000,000.
(c) Preliminary Findings.--Before entering into a contract
under subsection (a), the Secretary shall make each of the
following findings with respect to such contract:
(1) The use of such a contract will result in
significant savings of the total anticipated costs of
carrying out the program through annual contracts.
(2) The minimum need for the property to be
procured is expected to remain substantially unchanged
during the contemplated contract period in terms of
production rate, procurement rate, and total
quantities.
(3) There is a reasonable expectation that,
throughout the contemplated contract period, the
Secretary will request funding for the contract at the
level required to avoid contract cancellation.
(4) That there is a stable design for the property
to be procured and that the technical risks associated
with such property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of
an economic order quantity contract are realistic.
(6) Entering into the contract will promote the
national security interests of the United States.
(d) Certification Requirement.--Except as provided in
subsection (e), the Secretary of Defense may not enter into a
contract under subsection (a) until a period of 30 days has
elapsed following the date on which the Secretary certifies to
the congressional defense committees, in writing, that each of
the following conditions is satisfied:
(1) A sufficient number of end items of the system
being acquired under such contract have been delivered
at or within the most recently available estimates of
the program acquisition unit cost or procurement unit
cost for such system to determine that the estimates of
the unit costs are realistic.
(2) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for
that fiscal year will include the funding required to
execute the program without cancellation.
(3) The contract is a fixed-price type contract.
(4) The proposed contract provides for production
at not less than minimum economic rates given the
existing tooling and facilities.
(5) The Secretary has determined that each of the
conditions described in paragraphs (1) through (6) of
subsection (c) will be met by such contract and has
provided the basis for such determination to the
congressional defense committees.
(6) The determination under paragraph (5) was made
after the completion of a cost analysis performed by
the Director of Cost Assessment and Program Evaluation
for the purpose of section 2334(e)(1) of title 10,
United States Code, and the analysis supports that
determination.
(e) Exception.--Notwithstanding subsection (d), the
Secretary of Defense may enter into a contract under subsection
(a) on or after March 1, 2018, if--
(1) the Director of Cost Assessment and Program
Evaluation has not completed a cost analysis of the
preliminary findings made by the Secretary under
subsection (c) with respect to the contract;
(2) the Secretary certifies to the congressional
defense committees, in writing, that each of the
conditions described in paragraphs (1) through (5) of
subsection (d) is satisfied; and
(3) a period of 30 days has elapsed following the
date on which the Secretary submits the certification
under paragraph (2).
SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO ACQUIRE
NEW OR EMERGING TECHNOLOGIES AND CAPABILITIES.
The Secretary of Defense, after consultation with the head
of each military service, may provide to an explosive ordnance
disposal unit the authority to acquire new or emerging
technologies and capabilities that are not specifically
provided for in the authorized equipment allowance for the
unit, as such allowance is set forth in the table of equipment
and table of allowance for the unit.
SEC. 143. REQUIREMENT THAT CERTAIN AIRCRAFT AND UNMANNED AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
Section 157 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1667) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Solicitations.--The Secretary of Defense shall--
``(1) ensure that any solicitation issued for a
Common Data Link described in subsection (a),
regardless of whether the solicitation is issued by a
military department or a contractor with respect to a
subcontract--
``(A) conforms to a Department of Defense
specification standard, including interfaces
and waveforms, existing as of the date of the
solicitation; and
``(B) does not include any proprietary or
undocumented waveforms or control interfaces or
data interfaces as a requirement or criterion
for evaluation; and
``(2) notify the congressional defense committees
not later than 15 days after issuing a solicitation for
a Common Data Link to be sunset (CDL-TBS) waveform.'';
and
(2) in subsection (c), in the matter preceding
paragraph (1)--
(A) by striking ``Under Secretary of
Defense for Acquisition, Technology, and
Logistics'' and inserting ``Deputy Secretary of
Defense'';
(B) by striking ``Under Secretary'' and
inserting ``Deputy Secretary of Defense''; and
(C) by inserting ``before October 1, 2023''
after ``committees''.
SEC. 144. REINSTATEMENT OF REQUIREMENT TO PRESERVE CERTAIN C-5
AIRCRAFT; MOBILITY CAPABILITY AND REQUIREMENTS
STUDY.
(a) Preservation of Retired Aircraft.--Section 141 of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 1659), as amended by section 132 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), is amended by inserting after subsection (c) the
following:
``(d) Preservation of Certain Retired C-5 Aircraft.--
``(1) In general.--The Secretary of the Air Force
shall preserve eight retired C-5 aircraft until the
date that is 30 days after the date on which the
briefing under section 144(b) of the National Defense
Authorization Act for Fiscal Year 2018 is provided to
the congressional defense committees.
``(2) Manner of preservation.--The retired C-5
aircraft preserved under paragraph (1) shall be
preserved such that each aircraft--
``(A) can be returned to service; and
``(B) is not used to supply parts to other
aircraft unless specifically authorized by the
Secretary of Defense upon a request by the
Secretary of the Air Force.''.
(b) Study and Briefing.--
(1) Study.--The Secretary of Defense shall carry
out a mobility capability and requirements study that
estimates the number or airlift aircraft, tanker
aircraft, and sealift ships needed to meet combatant
commander requirements.
(2) Briefing.--Not later than September 30, 2018,
the Secretary of Defense shall provide to the
congressional defense committees a briefing on the
results of the study carried out under paragraph (1).
The briefing shall include--
(A) a detailed explanation of the strategy
and associated force sizing and shaping
constructs, associated scenarios, and
assumptions used to conduct the analysis;
(B) estimated risk based on Chairman of the
Joint Chiefs of Staff risk management
classifications; and
(C) implications of operations in contested
areas with regard to the Civil Reserve Air
Fleet.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COST CONTROLS FOR PRESIDENTIAL AIRCRAFT RECAPITALIZATION
PROGRAM.
(a) Fixed Capability Requirements.--Except as provided in
subsection (b), the capability requirements for aircraft
procured under the presidential aircraft recapitalization
program of the Air Force (referred to in this section as the
``PAR Program'') shall be the capability requirements
identified in version 7.0.2 of the system requirement document
for the PAR Program.
(b) Adjustments.--The Chief of Staff of the Air Force may
adjust the capability requirements described in subsection (a)
only if the Chief of Staff submits to the congressional defense
committees a written determination that such adjustment is
necessary--
(1) to resolve an ambiguity relating to the
capability requirement;
(2) to address a problem with the administration of
the capability requirement;
(3) to lower the development cost or life-cycle
cost of the PAR program;
(4) to comply with a change in international,
Federal, State, or local law or regulation that takes
effect after September 30, 2017;
(5) to address a safety issue; or
(6) subject to subsection (c), to address an
emerging threat or vulnerability.
(c) Limitation on Adjustment for Emerging Threat or
Vulnerability.--The Chief of Staff of the Air Force may use the
authority under paragraph (6) of subsection (b) to adjust the
requirements described in subsection (a) only if the Secretary
and the Chief of Staff of the Air Force, on a nondelegable
basis--
(1) jointly determine that such adjustment is
necessary and in the interests of the national security
of the United States; and
(2) submit to the congressional defense committees
notice of such joint determination.
(d) Analysis for Fixed-price Type Contracts.--The Secretary
of the Air Force shall work with the contractor and conduct an
analysis of risk and explore opportunities to enter into
additional fixed price type contracts for engineering and
manufacturing development beyond the procurement of the
unmodified commercial aircraft as described in paragraph (1).
(e) Quarterly Briefings.--
(1) In general.--Beginning not later than October
1, 2017, and on a quarterly basis thereafter through
October 1, 2022, the Secretary of the Air Force shall
provide to the congressional defense committees a
briefing on the efforts of the Secretary to control
costs under the PAR Program.
(2) Elements.--Each briefing under paragraph (1)
shall include, with respect to the PAR Program, the
following:
(A) An overview of the program schedule.
(B) A description of each contract awarded
under the program, including a description of
the type of contract and the status of the
contract.
(C) An assessment of the status of the
program with respect to--
(i) modification;
(ii) testing;
(iii) delivery; and
(iv) sustainment.
(f) Service Acquisition Executive Defined.--In this
section, the term ``service acquisition executive'' has the
meaning given that term in section 101(a)(10) of title 10,
United States Code.
SEC. 212. CAPITAL INVESTMENT AUTHORITY.
Section 2208(k)(2) of title 10, United States Code, is
amended by striking ``$250,000'' and inserting ``$500,000 for
procurements by a major range and test facility installation or
a science and technology reinvention laboratory and not less
than $250,000 for procurements at all other facilities''.
SEC. 213. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in recognition
of'' and inserting ``and other types of prizes that the
Secretary determines are appropriate to recognize'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``cash
prize of'' and inserting ``prize with a fair
market value of'';
(B) in paragraph (2), by striking ``Under
Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and
Engineering''; and
(C) by adding at the end the following new
paragraph:
``(3) No prize competition may result in the award of a
solely nonmonetary prize with a fair market value of more than
$10,000 without the approval of the Under Secretary of Defense
for Research and Engineering.'';
(3) in subsection (e)--
(A) by inserting ``or nonmonetary items''
after ``accept funds'';
(B) by striking ``and from State and local
governments'' and inserting ``, from State and
local governments, and from the private
sector''; and
(C) by adding at the end the following:
``The Secretary may not give any special
consideration to any private sector entity in
return for a donation.''; and
(4) by amending subsection (f) to read as follows:
``(f) Use of Prize Authority.--Use of prize authority under
this section shall be considered the use of competitive
procedures for the purposes of section 2304 of this title.''.
SEC. 214. JOINT HYPERSONICS TRANSITION OFFICE.
(a) Redesignation.--The joint technology office on
hypersonics in the Office of the Secretary of Defense is
redesignated as the ``Joint Hypersonics Transition Office''.
Any reference in a law (other than this section), map,
regulation, document, paper, or other record of the United
States to the joint technology office on hypersonics shall be
deemed to be a reference to the Joint Hypersonics Transition
Office.
(b) Hypersonics Development.--Section 218 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 2358 note), as amended by
section 1079(f) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 999), is
amended--
(1) in the heading of subsection (a), by striking
``Joint Technology Office on Hypersonics'' and
inserting ``Joint Hypersonics Transition Office'';
(2) in subsection (a)--
(A) in the first sentence, by striking
``joint technology office on hypersonics'' and
inserting ``Joint Hypersonics Transition Office
(in this section referred to as the
`Office')''; and
(B) in the second sentence, by striking
``office'' and inserting ``Office'';
(3) in subsection (b), by striking ``joint
technology office established under subsection (a)''
and inserting ``Office''; and
(4) by amending subsection (c) to read as follows:
``(c) Responsibilities.--In carrying out the program
required by subsection (b), the Office shall do the following:
``(1) Expedite testing, evaluation, and acquisition
of hypersonic weapon systems to meet the stated needs
of the warfighter, including flight testing, ground-
based-testing, and underwater launch testing.
``(2) Coordinate and integrate current and future
research, development, test, and evaluation programs
and system demonstration programs of the Department of
Defense on hypersonics.
``(3) Undertake appropriate actions to ensure--
``(A) close and continuous integration of
the programs on hypersonics of the military
departments and the Defense Agencies with the
programs on hypersonics across the Federal
Government and with appropriate private sector
and foreign organizations; and
``(B) that both foundational research and
developmental and operational testing resources
are adequate and well funded, and that
facilities are made available in a timely
manner to support hypersonics research,
demonstration programs, and system development.
``(4) Approve prototyping demonstration programs on
hypersonic systems to speed the maturation and
deployment of the systems to the warfighter,.
``(5) Ensure that any demonstration program on
hypersonic systems that is carried out in any year
after its approval under paragraph (3) is carried out
only if certified under subsection (e) as being
consistent with the roadmap under subsection (d).
``(6) Develop strategies and roadmaps for
hypersonic technologies to transition to operational
capabilities for the warfighter.
``(7) Coordinate with relevant stakeholders and
agencies to support United States technological
advantage in developing hypersonics.'';
(5) in subsection (d)(1), by striking ``joint
technology office established under subsection (a)''
and inserting ``Office''; and
(6) in subsection (e)--
(A) in paragraph (1), by striking ``joint
technology office established under subsection
(a)'' and inserting ``Office''; and
(B) in paragraph (2), by striking ``joint
technology office'' and inserting ``Office''.
SEC. 215. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM
PROTOTYPING AND DEMONSTRATION PROGRAM.
(a) Designation of Under Secretary of Defense for Research
and Engineering as the Official With Principal Responsibility
for Development and Demonstration of Directed Energy Weapons.--
Subsection (a)(1) of section 219 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2431 note) is amended by striking ``Not later'' and all
that follows through ``Department of Defense'' and inserting
``The Under Secretary of Defense for Research and Engineering
shall serve''.
(b) Prototyping and Demonstration Program.--Such section is
further amended by adding at the end the following new
subsection:
``(c) Prototyping and Demonstration Program.--
``(1) Establishment.--The Secretary of Defense,
acting through the Under Secretary, shall establish a
program on the prototyping and demonstration of
directed energy weapon systems to build and maintain
the military superiority of the United States by--
``(A) accelerating, when feasible, the
fielding of directed energy weapon prototypes
that would help counter technological
advantages of potential adversaries of the
United States; and
``(B) supporting the military departments,
the combatant commanders, and other relevant
defense agencies and entities in developing
prototypes and demonstrating operational
utility of high energy lasers and high powered
microwave weapon systems.
``(2) Guidelines.--(A) Not later than 180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, the Under
Secretary shall issue guidelines for the operation of
the program established under paragraph (1), including
the following:
``(i) Criteria required for an application
for funding by a military department, defense
agency or entity, or a combatant command.
``(ii) The priorities, based on validated
requirements or capability gaps, for fielding
prototype directed energy weapon system
technologies developed by research funding of
the Department or industry.
``(iii) Criteria for evaluation of an
application for funding or changes to policies
or acquisition and business practices by such a
department, agency, or command for purposes of
improving the effectiveness and efficiency of
the program.
``(B) Funding for a military department, defense
agency, or combatant command under the program
established under paragraph (1) may only be available
for advanced technology development, prototyping, and
demonstrations in which the Department of Defense
maintains management of the technical baseline and a
primary emphasis on technology transition and
evaluating military utility to enhance the likelihood
that the particular directed energy weapon system will
meet the Department end user's need.
``(3) Applications for funding.--(A) Not less
frequently than once each year, the Under Secretary
shall solicit from the heads of the military
departments, the defense agencies, and the combatant
commands applications for funding under the program
established under paragraph (1) to be used to enter
into contracts, cooperative agreements, or other
transaction agreements entered into pursuant to section
2371b of title 10, United States Code, with appropriate
entities for the prototyping or commercialization of
technologies.
``(B) Nothing in this section shall be construed to
require any official of the Department of Defense to
provide funding under the program to any congressional
earmark as defined pursuant to clause 9 of rule XXI of
the Rules of the House of Representatives or any
congressionally directed spending item as defined
pursuant to paragraph 5 of rule XLIV of the Standing
Rules of the Senate.
``(4) Funding.--(A) Except as provided in
subparagraph (B) and subject to the availability of
appropriations for such purpose, of the funds
authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2018 or otherwise
made available for fiscal year 2018 for research,
development, test, and evaluation, defense-wide, up to
$100,000,000 may be available to the Under Secretary to
allocate to the military departments, the defense
agencies, and the combatant commands to carry out the
program established under paragraph (1).
``(B) Not more than half of the amounts made
available under subparagraph (A) may be allocated as
described in such paragraph until the Under Secretary--
``(i) develops the strategic plan required
by subsection (a)(2)(A); and
``(ii) submits such strategic plan to the
congressional defense committees.
``(5) Under secretary defined.--In this subsection,
the term `Under Secretary' means the Under Secretary of
Defense for Research and Engineering in the Under
Secretary's capacity as the official with principal
responsibility for the development and demonstration of
directed energy weapons pursuant to subsection
(a)(1).''.
SEC. 216. APPROPRIATE USE OF AUTHORITY FOR PROTOTYPE PROJECTS.
Section 2371b(d)(1)(A) of title 10, United States Code, is
amended by inserting ``or nonprofit research institution''
after ``defense contractor''.
SEC. 217. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT
DEPARTMENT OF DEFENSE MISSIONS.
(a) Arrangements Authorized.--
(1) In general.--The Secretary of Defense and each
secretary of a military department may establish one or
more multi-institution task order contracts, consortia,
cooperative agreements, or other arrangements to
facilitate expedited access to university technical
expertise, including faculty, staff, and students, in
support of Department of Defense missions in the areas
specified in subsection (e).
(2) Use for technical analyses and engineering
support.--The Secretary may use an arrangement under
paragraph (1) to fund technical analyses and other
engineering support as required to address acquisition,
management, and operational challenges, including
support for classified programs and activities.
(b) Limitation.--An arrangement established under
subsection (a)(1) may not be used to fund research programs
that can be executed through other Department of Defense basic
research activities.
(c) Consultation With Other Department of Defense
Activities.--An arrangement established under subsection (a)(1)
shall, to the degree practicable, be made in consultation with
other Department of Defense activities, including federally
funded research and development centers (FFRDCs), university
affiliated research centers (UARCs), and Defense laboratories
and test centers, for purposes of providing technical expertise
and reducing costs and duplicative efforts.
(d) Policies and Procedures.--If the Secretary of Defense
or a secretary of a military department establishes one or more
arrangements under subsection (a)(1), the Secretary of Defense
shall establish and implement policies and procedures to
govern--
(1) selection of participants in the arrangement or
arrangements;
(2) the awarding of task orders under the
arrangement or arrangements;
(3) maximum award size for tasks under the
arrangement or arrangements;
(4) the appropriate use of competitive awards and
sole source awards under the arrangement or
arrangements; and
(5) technical areas under the arrangement or
arrangements.
(e) Mission Areas.--The areas specified in this subsection
are as follows:
(1) Cybersecurity.
(2) Air and ground vehicles.
(3) Shipbuilding.
(4) Explosives detection and defeat.
(5) Undersea warfare.
(6) Trusted electronics.
(7) Unmanned systems.
(8) Directed energy.
(9) Energy, power, and propulsion.
(10) Management science and operations research.
(11) Artificial intelligence.
(12) Data analytics.
(13) Business systems.
(14) Technology transfer and transition.
(15) Biological engineering and genetic
enhancement.
(16) High performance computing.
(17) Materials science and engineering.
(18) Quantum information sciences.
(19) Special operations activities.
(20) Modeling and simulation.
(21) Autonomous systems.
(22) Model based engineering.
(23) Such other areas as the Secretary considers
appropriate.
(f) Sunset.--No new arrangements may be entered into under
subsection (a)(1) after September 30, 2020.
(g) Arrangements Established Under Subsection (a)(1)
Defined.--In this section, the term ``arrangement established
under subsection (a)(1)'' means a multi-institution task order
contract, consortia, cooperative agreement, or other
arrangement established under subsection (a)(1).
SEC. 218. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT PROGRAM.
(a) In General.--Section 211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(B) in subparagraph (B), by striking the
semicolon and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) new interpretations of existing
statutes and regulations that would enhance the
ability of a director of a science and
technology reinvention laboratory to manage the
facility and discharge the mission of the
laboratory;'';
(2) in subsection (d), by adding at the end the
following new paragraph:
``(3)(A) Each panel described in paragraph (1), (2), or (3)
of subsection (b) shall submit to the panel described in
paragraph (4) of such subsection (relating to governance and
oversight processes) the following:
``(i) The findings of the panel with respect to the
review conducted by the panel under subsection
(a)(1)(C).
``(ii) The recommendations made by the panel under
such subsection.
``(iii) Such comments, findings, and
recommendations as the panel may have received by a
science and technology reinvention laboratory with
respect to--
``(I) the review conducted by the panel
under such subsection; or
``(II) recommendations made by the panel
under such subsection.
``(B)(i) The panel described in subsection (b)(4) shall
review and refashion such recommendations as the panel may
receive under subparagraph (A).
``(ii) In reviewing and refashioning recommendations under
clause (i), the panel may, as the panel considers appropriate,
consult with the science and technology executive of the
affected service.
``(C) The panel described in subsection (b)(4) shall submit
to the Under Secretary of Defense for Research and Engineering
the recommendations made by the panel under subsection
(a)(1)(C) and the recommendations refashioned by the panel
under subparagraph (B) of this paragraph.'';
(3) by redesignating subsections (e) and (f) as
subsection (f) and (g), respectively; and
(4) by inserting after subsection (d) the following
new subsection (e):
``(e) Interpretation of Provisions of Law.--(1) The Under
Secretary of Defense for Research and Engineering, acting under
the guidance of the Secretary, shall issue regulations
regarding the meaning, scope, implementation, and applicability
of any provision of a statute relating to a science and
technology reinvention laboratory.
``(2) In interpreting or defining under paragraph (1), the
Under Secretary shall, to the degree practicable, emphasize
providing the maximum operational flexibility to the directors
of the science and technology reinvention laboratories to
discharge the missions of their laboratories.
``(3) In interpreting or defining under paragraph (1), the
Under Secretary shall, to the extent practicable, consult and
coordinate with the secretaries of the military departments and
such other agencies or entities as the Under Secretary
considers relevant, on any proposed revision to regulations
under paragraph (1).
``(4) In interpreting or defining under paragraph (1), the
Under Secretary shall seek recommendations from the panel
described in subsection (b)(4).''.
(b) Technical Corrections.--(1) Subsections (a), (c)(1)(C),
and (d)(2) of such section are amended by striking ``Assistant
Secretary'' each place it appears and inserting ``Under
Secretary''.
(2) Subparagraph (C) of section 342(b)(3) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337), as amended by section 211(f) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), as
redesignated by subsection (a)(3) of this section, is amended
by striking ``Assistant Secretary'' and inserting ``Under
Secretary''.
SEC. 219. REAUTHORIZATION OF DEPARTMENT OF DEFENSE ESTABLISHED PROGRAM
TO STIMULATE COMPETITIVE RESEARCH.
(a) Modification of Program Objectives.--Subsection (b) of
section 257 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(2) by inserting before paragraph (2), as
redesignated by paragraph (1), the following new
paragraph (1):
``(1) To increase the number of university
researchers in eligible States capable of performing
science and engineering research responsive to the
needs of the Department of Defense.''; and
(3) in paragraph (2), as redesignated by paragraph
(1), by inserting ``relevant to the mission of the
Department of Defense and'' after ``that is''.
(b) Modification of Program Activities.--Subsection (c) of
such section is amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) To provide assistance to science and
engineering researchers at institutions of higher
education in eligible States through collaboration
between Department of Defense laboratories and such
researchers.''.
(c) Modification of Eligibility Criteria for State
Participation.--Subsection (d) of such section is amended--
(1) in paragraph (2)(B), by inserting ``in areas
relevant to the mission of the Department of Defense''
after ``programs''; and
(2) by adding at the end the following new
paragraph:
``(3) The Under Secretary shall not remove a designation of
a State under paragraph (2) because the State exceeds the
funding levels specified under subparagraph (A) of such
paragraph unless the State has exceeded such funding levels for
at least two consecutive years.''.
(d) Modification of Coordination Requirement.--Subsection
(e) of such section is amended--
(1) in paragraph (1), by striking ``shall'' each
place it appears and inserting ``may''; and
(2) in paragraph (3), by inserting ``relevant to
the mission of the Department of Defense and'' after
``Research are''.
(e) Modification of Name.--
(1) In general.--Such section is amended--
(A) in subsections (a) and (e) by striking
``Experimental'' each place it appears and
inserting ``Established''; and
(B) in the section heading, by striking
``experimental'' and inserting ``established''.
(2) Clerical amendment.--Such Act is amended, in
the table of contents in section 2(b), by striking the
item relating to section 257 and inserting the
following new item:
``Sec. 257. Defense established program to stimulate competitive
research.''.
(3) Conforming amendment.--Section 307 of the 1997
Emergency Supplemental Appropriations Act for Recovery
from Natural Disasters, and for Overseas Peacekeeping
Efforts, Including Those in Bosnia (Public Law 105-18)
is amended by striking ``Experimental'' and inserting
``Established''.
SEC. 220. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO PROVIDE FUNDS
FOR DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2362 the following
new section:
``Sec. 2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for
military missions
``(a) Mechanisms to Provide Funds.--(1) The Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall establish mechanisms under which the
director of a defense laboratory may use an amount of funds
equal to not less than two percent and not more than four
percent of all funds available to the defense laboratory for
the following purposes:
``(A) To fund innovative basic and applied research
that is conducted at the defense laboratory and
supports military missions.
``(B) To fund development programs that support the
transition of technologies developed by the defense
laboratory into operational use.
``(C) To fund workforce development activities that
improve the capacity of the defense laboratory to
recruit and retain personnel with necessary scientific
and engineering expertise that support military
missions.
``(D) To fund the repair or minor military
construction of the laboratory infrastructure and
equipment, in accordance with subsection (b).
``(2) The mechanisms established under paragraph (1) shall
provide that funding shall be used under paragraph (1) at the
discretion of the director of a defense laboratory in
consultation with the science and technology executive of the
military department concerned.
``(3) The science and technology executive of a military
department may develop policies and guidance to leverage
funding and promote cross-laboratory collaboration, including
with laboratories of other military departments.
``(4) After consultation with the science and technology
executive of the military department concerned, the director of
a defense laboratory may charge customer activities a fixed
percentage fee, in addition to normal costs of performance, in
order to obtain funds to carry out activities authorized by
this subsection. The fixed fee may not exceed four percent of
costs.
``(b) Availability of Funds for Infrastructure Projects.--
Funds shall be available in accordance with subsection
(a)(1)(D) only if--
``(1) the Secretary notifies the congressional
defense committees of the total cost of the project
before the date on which the Secretary uses the
mechanism under such subsection for such project; and
``(2) the Secretary ensures that the project
complies with the applicable cost limitations in--
``(A) section 2805(d) of this title, with
respect to revitalization and recapitalization
projects; and
``(B) section 2811 of this title, with
respect to repair projects.
``(c) Annual Report on Use of Authority.--(1) Not later
than March 1 of each year until March 1, 2025, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of the authority under subsection (a) during
the preceding year.
``(2) Each report under paragraph (1) shall include, with
respect to the year covered by the report, the following:
``(A) A description of the mechanisms used to
provide funding under subsection (a)(1).
``(B) A statement of the amount of funding made
available to each defense laboratory for research
described under such subsection.
``(C) A description of the investments made by each
defense laboratory using funds under such subsection.
``(D) A description and assessment of any
improvements in the performance of the defense
laboratories as a result of investments under such
subsection.
``(E) A description and assessment of the
contributions to the development of needed military
capabilities provided by research using funds under
such subsection.
``(F) A description of any modification to the
mechanisms under subsection (a) that would improve the
efficiency of the authority under such subsection to
support military missions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by inserting
after the item relating to section 2362 the following new item:
``2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.''.
(c) Conforming Amendments.--(1) Section 219 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 10 U.S.C. 2358 note), is hereby repealed.
(2) Section 2805(d)(1)(B) of title 10, United States Code,
is amended by striking ``under section 219(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 10 U.S.C. 2358 note)'' and inserting
``section 2363(a) of this title''.
SEC. 221. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES TO INCLUDE
COMPETITIVE SELECTION FOR AWARD OF SCIENCE AND
TECHNOLOGY PROPOSALS.
Section 2302(2)(B) of title 10, United States Code, is
amended by striking ``basic research'' and inserting ``science
and technology''.
SEC. 222. INCLUSION OF MODELING AND SIMULATION IN TEST AND EVALUATION
ACTIVITIES FOR PURPOSES OF PLANNING AND BUDGET
CERTIFICATION.
Section 196 of title 10, United States Code, is amended--
(1) in subsection (d)(1), in the first sentence, by
inserting ``, including modeling and simulation
capabilities'' after ``and resources''; and
(2) in subsection (e)(1), by inserting ``,
including modeling and simulation activities,'' after
``evaluation activities''.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT STRIKE
FIGHTER FOLLOW-ON MODERNIZATION.
(a) In General.--Not more than 25 percent of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 or any other fiscal year for the
Department of Defense may be obligated for F-35 Joint Strike
Fighter Follow-On Modernization until the Secretary of Defense
provides the final report required under section 224(b) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328).
(b) Dual Capable Aircraft.--Neither the limitation in
subsection (a) nor the limitation in section 224(a) of the
National Defense Authorization Act for Fiscal Year 2017 shall
be construed to limit or otherwise restrict any funding that is
required to develop, certify, or deliver F-35A dual capable
aircraft.
SEC. 224. IMPROVEMENT OF UPDATE PROCESS FOR POPULATING MISSION DATA
FILES USED IN ADVANCED COMBAT AIRCRAFT.
(a) Improvements To Update Process.--
(1) In general.--The Secretary of Defense shall
take such actions as may be necessary to improve the
process used to update the mission data files used in
advanced combat aircraft of the United States so that
such updates can occur more quickly.
(2) Requirements.--In improving the process under
paragraph (1), the Secretary shall ensure the
following:
(A) That under such process, updates to the
mission data files are developed, operationally
tested, and loaded onto systems of advanced
combat aircraft while in theaters of operation
in a time-sensitive manner to allow for the
distinguishing of threats, including
distinguishing friends from foes, loading and
delivery of weapon suites, and coordination
with allied and coalition armed forces.
(B) When updates are made to the mission
data files, all areas of responsibility (AoRs)
are included.
(C) The process includes best practices
relating to such mission data files that have
been identified by industry and allies of the
United States.
(D) The process improves the exchange of
information between weapons systems of the
United States and weapon systems of allies and
partners of the United States, with respect to
such mission data files.
(b) Consultation and Pilot Programs.--In carrying out
subsection (a), the Secretary shall consult the innovation
organizations resident in the Department of Defense and may
consider carrying out a pilot program under another provision
of this Act.
(c) Report.--Not later than March 31, 2018, the Secretary
shall submit to the congressional defense committees a report
on the actions taken by the Secretary under subsection (a)(1)
and how the process described in such subsection has been
improved.
SEC. 225. SUPPORT FOR NATIONAL SECURITY INNOVATION AND ENTREPRENEURIAL
EDUCATION.
(a) Support Authorized.--
(1) In general.--The Secretary of Defense may,
acting through the Under Secretary of Defense for
Research and Engineering, support national security
innovation and entrepreneurial education programs.
(2) Elements.--Support under paragraph (1) may
include the following:
(A) Materials to recruit participants,
including veterans, for programs described in
paragraph (1).
(B) Model curriculum for such programs.
(C) Training materials for such programs.
(D) Best practices for the conduct of such
programs.
(E) Experimental learning opportunities for
program participants to interact with
operational forces and better understand
national security challenges.
(F) Exchanges and partnerships with
Department of Defense science and technology
activities.
(G) Activities consistent with the Proof of
Concept Commercialization Pilot Program
established under section 1603 of the National
Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2359 note).
(b) Consultation.--In carrying out subsection (a), the
Secretary may consult with the heads of such Federal agencies,
universities, and public and private entities engaged in the
development of advanced technologies as the Secretary
determines to be appropriate.
(c) Authorities.--The Secretary may--
(1) develop and maintain metrics to assess national
security innovation and entrepreneurial education
activities to ensure standards for programs supported
under subsection (b) are consistent and being met; and
(2) ensure that any recipient of an award under the
Small Business Technology Transfer program, the Small
Business Innovation Research program, and science and
technology programs of the Department of Defense has
the option to participate in training under a national
security innovation and entrepreneurial education
program supported under subsection (b).
(d) Participation by Federal Employees and Members of the
Armed Forces.--The Secretary may encourage Federal employees
and members of the Armed Forces to participate in a national
security innovation and entrepreneurial education program
supported under subsection (a) in order to gain exposure to
modern innovation and entrepreneurial methodologies.
(e) Coordination.--In carrying out this section, the
Secretary shall consider coordinating and partnering with
activities and organizations involved in the following:
(1) Hack the Army.
(2) Hack the Air Force.
(3) Hack the Pentagon.
(4) The Army Digital Service.
(5) The Defense Digital Service.
(6) The Air Force Digital Service.
(7) Challenge and prize competitions of the Defense
Advanced Research Projects Agency (DARPA).
(8) The Defense Science Study Group.
(9) The Small Business Innovation Research Program
(SBIR).
(10) The Small Business Technology Transfer Program
(STTR).
(11) War colleges of the military departments.
(12) Hacking for Defense.
(13) The National Security Science and Engineering
Faculty Fellowship (NSSEFF) program.
(14) The Science, Mathematics and Research for
Transformation (SMART) scholarship program.
(15) The young faculty award program of the Defense
Advanced Research Projects Agency.
SEC. 226. LIMITATION ON CANCELLATION OF DESIGNATION EXECUTIVE AGENT FOR
A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
(a) Limitation on Cancellation of Designation.--The
Secretary of Defense may not implement the decision, issued on
July 1, 2017, to cancel the designation, under Department of
Defense Directive 4400.1E, entitled ``Defense Production Act
Programs'' and dated October 12, 2001, of the currently
assigned Department of Defense Executive Agent for the program
carried out under title III of the Defense Production Act of
1950 (50 U.S.C. 4531 et seq.) until the Secretary has--
(1) completed the review and assessment required by
subsection (b)(1); and
(2) carried out the briefing required by subsection
(c).
(b) Review and Assessment Required.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of the Air Force, shall
conduct a review and assessment of the program
described in subsection (a).
(2) Elements.--The review and assessment required
by paragraph (1) shall include the following:
(A) Assessment of the current management
structure for the program, including analysis
of the mechanisms for accountability, as well
as cost and management controls currently in
place.
(B) Analysis of alternatives for proposals
to modify that management structure to increase
accountability, cost and management controls.
Such analysis of alternatives should consider
the relative merits of centralization and
decentralization, roles of other military
departments in program management and
contracting, as well as the different roles the
Office of the Secretary of Defense might play
in management, oversight and execution.
(C) Recommendations for improving the
assessment and selection of projects in order
to--
(i) ensure that projects selected
are appropriate for use of funds
appropriated to carry out title III of
the Defense Production Act of 1950;
(ii) ensure that sufficient vetting
and management controls are in place to
ensure a reasonable degree of
confidence that project ideas or the
companies being supported will be
viable; and
(iii) increase overall successful
execution for selected projects.
(D) Such other matters as the Secretary
considers appropriate.
(c) Briefing Required.--The Secretary shall brief the
appropriate Committees of Congress on the findings of the
Secretary with respect to the review and assessment conducted
under subsection (b).
(d) Notification Required.--In the event the Secretary of
Defense decides to cancel the designation, under Department of
Defense Directive 4400.1E, entitled ``Defense Production Act
Programs'' and dated October 12, 2001, of the currently
assigned Department of Defense Executive Agent for the program
described in subsection (a), the Secretary shall submit to the
appropriate committees of Congress a written notification of
such decision at least 60 days before the decision goes into
effect.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' means
the--
(1) the Committee on Armed Services and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(2) the Committee on Armed Services and the
Committee on Financial Services of the House of
Representatives.
Subtitle C--Reports and Other Matters
SEC. 231. COLUMBIA-CLASS PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the President's
annual budget request submitted to Congress under section 1105
of title 31, United States Code, for fiscal year 2019, the
Secretary of the Navy shall submit to the congressional defense
committees and the Comptroller General of the United States the
matrices described in subsection (b) relating to the Columbia-
class program.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) Design and construction goals.--A matrix that
identifies, in six-month increments, key milestones,
development events, and specific performance goals for
the design and construction of the Columbia-class
program, which shall be subdivided, at a minimum,
according to the following:
(A) Technology-readiness levels of major
components and key demonstration events.
(B) Design maturity.
(C) Manufacturing-readiness levels for
critical manufacturing operations and key
demonstration events.
(D) Manufacturing operations.
(E) Reliability.
(2) Cost.--A matrix expressing, in annual
increments, the total cost phased over the entire
Columbia-class design and construction period of--
(A) the Navy service cost position for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price at completion for each
submarine and confidence level of this
estimate;
(B) the program manager's estimate for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price and variance at completion
for each submarine; and
(C) the prime contractor's estimate for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price and variance at completion
for each submarine.
(c) Update of Matrices.--
(1) In general.--Not later than 180 days after the
date on which the Secretary of the Navy submits the
matrices required by subsection (a), and concurrent
with the submittal of each annual budget request to
Congress under section 1105 of title 31, United States
Code, beginning with the fiscal year 2020 request, the
Secretary of the Navy shall submit to the congressional
defense committees and the Comptroller General of the
United States updates to the matrices described in
subsection (b).
(2) Elements.--Each update submitted under
paragraph (1) shall detail progress made toward the
goals identified in the matrix described in subsection
(b)(1) and provide updated cost data as prescribed in
subsection (b)(2).
(3) Treatment of initial matrices as baseline.--The
matrices submitted pursuant to subsection (a) shall be
treated as the baseline for the full Columbia-class
design and construction period for purposes of the
updates submitted pursuant to paragraph (1) of this
subsection.
(4) Report termination.--The report required under
paragraph (1) shall terminate upon delivery of the
first Columbia-class submarine.
(d) Assessment by Comptroller General of the United
States.--Not later than 90 days after the date on which the
Comptroller General of the United States receives an update to
a matrix under subsection (c)(1), the Comptroller General shall
review such matrix and provide to the congressional defense
committees an assessment of such matrix in whatever form that
the Comptroller General deems appropriate.
(e) Repeal of Report Requirement.--Section 131 of the
National Defense Authorization Act for Fiscal Year 2016 (129
Stat. 754; Public Law 114-92) is hereby repealed.
(f) Major Component Defined.--In this section, the term
``major component'' includes, at a minimum, the integrated
power system, nuclear reactor, propulsor and related
coordinated stern features, stern area system, and common
missile compartment.
SEC. 232. REVIEW OF BARRIERS TO INNOVATION IN RESEARCH AND ENGINEERING
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall
review directives, rules, regulations, and other policies that
adversely affect the ability of the innovation, research, and
engineering enterprise of the Department of Defense to
effectively and efficiently execute its missions, including
policies and practices concerning the following:
(1) Personnel and talent management.
(2) Financial management and budgeting.
(3) Infrastructure, installations, and military
construction.
(4) Acquisition.
(5) Management.
(6) Such other areas as the Secretary may
designate.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on--
(1) the findings of the Secretary with respect to
the review conducted under subsection (a);
(2) proposed changes in directives, rules,
regulations, and other policies that will enhance the
ability of the innovation, research, and engineering
enterprise of the Department to executive its
designated missions, including a description of how
proposed changes have been coordinated with other
appropriate Secretaries of the military departments and
the appropriate heads of the defense agencies; and
(3) processes by which new directives, rules,
regulations, and other policies will be reviewed for
their potential to adversely affect the ability of the
innovation, research, and engineering enterprise of the
Department and the lead official designated to execute
such review in consultation with other relevant and
appropriate Secretaries of the military departments and
heads of defense agencies.
SEC. 233. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY TRANSFER
FROM DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall establish a
pilot program to assess the feasibility and advisability of
distributing royalties and other payments as described in this
section. Under the pilot program, except as provided in
subsections (b) and (d), any royalties or other payments
received by a Federal agency from the licensing and assignment
of inventions under agreements entered into by Department of
Defense laboratories, and from the licensing of inventions of
Department of Defense laboratories, shall be retained by the
laboratory which produced the invention and shall be disposed
of as follows:
(1)(A) The laboratory director shall pay each year
the first $2,000, and thereafter at least 20 percent,
of the royalties or other payments, other than payments
of patent costs as delineated by a license or
assignment agreement, to the inventor or coinventors,
if the inventor's or coinventor's rights are directly
assigned to the United States.
(B) A laboratory director may provide appropriate
incentives, from royalties or other payments, to
laboratory employees who are not an inventor of such
inventions but who substantially increased the
technical value of the inventions.
(C) The laboratory shall retain the royalties and
other payments received from an invention until the
laboratory makes payments to employees of a laboratory
under subparagraph (A) or (B).
(2) The balance of the royalties or other payments
shall be transferred by the agency to its laboratories,
with the majority share of the royalties or other
payments from any invention going to the laboratory
where the invention occurred. The royalties or other
payments so transferred to any laboratory may be used
or obligated by that laboratory during the fiscal year
in which they are received or during the 2 succeeding
fiscal years--
(A) to reward scientific, engineering, and
technical employees of the laboratory,
including developers of sensitive or classified
technology, regardless of whether the
technology has commercial applications;
(B) to further scientific exchange among
the laboratories of the agency;
(C) for education and training of employees
consistent with the research and development
missions and objectives of the agency or
laboratory, and for other activities that
increase the potential for transfer of the
technology of the laboratories of the agency;
(D) for payment of expenses incidental to
the administration and licensing of
intellectual property by the agency or
laboratory with respect to inventions made at
that laboratory, including the fees or other
costs for the services of other agencies,
persons, or organizations for intellectual
property management and licensing services; or
(E) for scientific research and development
consistent with the research and development
missions and objectives of the laboratory.
(3) All royalties or other payments retained by the
laboratory after payments have been made pursuant to
paragraphs (1) and (2) that are unobligated and
unexpended at the end of the second fiscal year
succeeding the fiscal year in which the royalties and
other payments were received shall be paid into the
Treasury of the United States.
(b) Treatment of Payments to Employees.--
(1) In general.--Any payment made to an employee
under the pilot program shall be in addition to the
regular pay of the employee and to any other awards
made to the employee, and shall not affect the
entitlement of the employee to any regular pay,
annuity, or award to which the employee is otherwise
entitled or for which the employee is otherwise
eligible or limit the amount thereof. Any payment made
to an inventor as such shall continue after the
inventor leaves the laboratory.
(2) Cumulative payments.--(A) Cumulative payments
made under the pilot program while the inventor is
still employed at the laboratory shall not exceed
$500,000 per year to any one person, unless the
Secretary concerned (as defined in section 101(a) of
title 10, United States Code) approves a larger award.
(B) Cumulative payments made under the pilot
program after the inventor leaves the laboratory shall
not exceed $150,000 per year to any one person, unless
the head of the agency approves a larger award (with
the excess over $150,000 being treated as an agency
award to a former employee under section 4505 of title
5, United States Code).
(c) Invention Management Services.--Under the pilot
program, a laboratory receiving royalties or other payments as
a result of invention management services performed for another
Federal agency or laboratory under section 207 of title 35,
United States Code, may retain such royalties or payments to
the extent required to offset payments to inventors under
subparagraph (A) of subsection (a)(1), costs and expenses
incurred under subparagraph (D) of subsection (a)(2), and the
cost of foreign patenting and maintenance for any invention of
the other agency. All royalties and other payments remaining
after offsetting the payments to inventors, costs, and expenses
described in the preceding sentence shall be transferred to the
agency for which the services were performed, for distribution
in accordance with subsection (a)(2).
(d) Certain Assignments.--Under the pilot program, if the
invention involved was one assigned to the laboratory--
(1) by a contractor, grantee, or participant, or an
employee of a contractor, grantee, or participant, in
an agreement or other arrangement with the agency; or
(2) by an employee of the agency who was not
working in the laboratory at the time the invention was
made,
the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
(e) Sunset.--The pilot program under this section shall
terminate 5 years after the date of the enactment of this Act.
SEC. 234. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY OF DETECTION
DATA LINK NETWORKS.
(a) Plan Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Vice Chairman of
the Joint Chiefs of Staff shall jointly, in consultation with
the Secretary of the Navy and the Secretary of the Air Force,
develop a plan to procure a secure, low probability of
detection data link network capability with the ability to
effectively operate in hostile jamming environments while
preserving the low observable characteristics of the relevant
platforms, between existing and planned--
(1) fifth-generation combat aircraft;
(2) fifth-generation and fourth-generation combat
aircraft;
(3) fifth-generation and fourth-generation combat
aircraft and appropriate support aircraft and other
network nodes for command, control, communications,
intelligence, surveillance, and reconnaissance
purposes; and
(4) fifth-generation and fourth-generation combat
aircraft and their associated network-enabled precision
weapons.
(b) Additional Plan Requirements.--The plan required by
subsection (a) shall include--
(1) nonproprietary and open systems approaches
compatible with the Rapid Capabilities Office Open
Mission Systems initiative of the Air Force and the
Future Airborne Capability Environment initiative of
the Navy;
(2) a competitive acquisition process, to include
comparative flight demonstrations in realistic airborne
environments; and
(3) low risk and affordable solutions with minimal
impact or changes to existing host platforms, and
minimal overall integration costs.
(c) Briefing.--Not later than February 15, 2018, the Under
Secretary and the Vice Chairman shall provide to the
congressional defense committees a potential acquisition
strategy and briefing on the plan developed under subsection
(a).
(d) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for operations and maintenance for the Office of the Secretary
of the Air Force and the Office of the Secretary of the Navy,
not more than 85 percent may be obligated or expended until a
period of 15 days has elapsed following the date on which the
Under Secretary and Vice Chairman submits to the congressional
defense committees the plan required by subsection (a).
SEC. 235. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM FOR THE
ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
Section 233 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (b)(2), by striking ``the
enactment of this Act'' both places it appears and
inserting ``such submittal''; and
(2) in subsection (c)(1), by striking ``propose and
implement'' and inserting ``submit to the Assistant
Secretary concerned a proposal on, and implement,''.
SEC. 236. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A NEW GROUND
COMBAT VEHICLE FOR THE ARMY.
(a) In General.--Not later than February 1, 2018, the
Secretary of the Army shall submit to the congressional defense
committees a plan to build a prototype for a new ground combat
vehicle for the Army.
(b) Contents.--The plan required by subsection (a) shall
include the following:
(1) A description of how the Secretary intends to
exploit the latest enabling component technologies that
have the potential to dramatically change basic combat
vehicle design and improve lethality, protection,
mobility, range, and sustainment, including an analysis
of capabilities of the most advanced foreign ground
combat vehicles and whether any have characteristics
that should inform the development of the Army's
prototype vehicle, including whether any United States
allies or partners have advanced capabilities that
could be directly incorporated in the prototype.
(2) The schedule, cost, key milestones, and
leadership plan to rapidly design and build the
prototype ground combat vehicle.
SEC. 237. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR AND MISSILE
DEFENSE BATTLE COMMAND SYSTEM.
(a) Plan Required.--Not later than February 1, 2018, the
Secretary of the Army shall submit to the congressional defense
committees a plan to successfully field a suitable, survivable,
and effective Integrated Air and Missile Defense Battle Command
System program.
(b) Limitation.--Not more than 50 percent of the funds
authorized to be appropriated by this Act for research,
development, test, and evaluation may be obligated by the
Secretary of the Army for the Army Integrated Air and Missile
Defense and the Integrated Air and Missile Defense Battle
Command System until the date on which the plan is submitted
under subsection (a).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE SITING
CLEARINGHOUSE.
(a) Codification.--Chapter 7 of title 10, United States
Code, is amended by inserting after section 183 the following
new section:
``Sec. 183a. Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Military Aviation and Installation Assurance Siting
Clearinghouse (in this section referred to as the
`Clearinghouse').
``(2) The Clearinghouse shall be--
``(A) organized under the authority, direction, and
control of an Assistant Secretary of Defense designated
by the Secretary; and
``(B) assigned such personnel and resources as the
Secretary considers appropriate to carry out this
section.
``(b) Functions.--(1) The Clearinghouse shall coordinate
Department of Defense review of applications for energy
projects filed with the Secretary of Transportation pursuant to
section 44718 of title 49 and received by the Department of
Defense from the Secretary of Transportation. In performing
such coordination, the Clearinghouse shall provide procedures
to ensure affected local military installations are consulted.
``(2) The Clearinghouse shall accelerate the development of
planning tools necessary to determine the acceptability to the
Department of Defense of proposals included in an application
for an energy project submitted pursuant to such section.
``(3) The Clearinghouse shall perform such other functions
as the Secretary of Defense assigns.
``(c) Review of Proposed Actions.--(1) Not later than 60
days after receiving from the Secretary of Transportation a
proper application for an energy project under section 44718 of
title 49 that may have an adverse impact on military operations
and readiness, the Clearinghouse shall conduct a preliminary
review of such application. The review shall--
``(A) assess the likely scope, duration, and level
of risk of any adverse impact of such energy project on
military operations and readiness; and
``(B) identify any feasible and affordable actions
that could be taken by the Department, the developer of
such energy project, or others to mitigate the adverse
impact and to minimize risks to national security while
allowing the energy project to proceed with
development.
``(2) If the Clearinghouse finds under paragraph (1) that
an energy project will have an adverse impact on military
operations and readiness, the Clearinghouse shall issue to the
applicant a notice of presumed risk that describes the concerns
identified by the Department in the preliminary review and
requests a discussion of possible mitigation actions.
``(3) At the same time that the Clearinghouse issues to the
applicant a notice of presumed risk under paragraph (2), the
Clearinghouse shall provide the same notice to the governor of
the State in which the project is located and request that the
governor provide the Clearinghouse any comments the governor
believes of relevance to the application. The Secretary of
Defense shall consider the comments of the governor in the
Secretary's evaluation of whether the project presents an
unacceptable risk to the national security of the United States
and shall include the comments with the finding provided to the
Secretary of Transportation pursuant to section 44718(f) of
title 49.
``(4) The Clearinghouse shall develop, in coordination with
other departments and agencies of the Federal Government, an
integrated review process to ensure timely notification and
consideration of energy projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49 that may
have an adverse impact on military operations and readiness.
``(5) The Clearinghouse shall establish procedures for the
Department of Defense for the coordinated consideration of and
response to a request for a review received from another
Federal agency, a State government, an Indian tribal
government, a local government, a landowner, or the developer
of an energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response.
``(6) The Clearinghouse shall develop procedures for
conducting early outreach to parties carrying out energy
projects that could have an adverse impact on military
operations and readiness and to clearly communicate to such
parties actions being taken by the Department of Defense under
this section. The procedures shall provide for filing by such
parties of a project area and preliminary project layout at
least one year before expected construction of any project
proposed within a military training route or within line-of-
sight of any air route surveillance radar or airport
surveillance radar operated or used by the Department of
Defense in order to provide adequate time for analysis and
negotiation of mitigation options. Material marked as
proprietary or competition sensitive by a party filing for this
preliminary review shall be protected from public release by
the Department of Defense.
``(d) Comprehensive Review.--(1) The Secretary of Defense
shall develop a comprehensive strategy for addressing the
impacts upon the military of projects filed with the Secretary
of Transportation pursuant to section 44718 of title 49.
``(2) In developing the strategy required by paragraph (1),
the Secretary shall--
``(A) assess the magnitude of interference posed by
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49;
``(B) solely for the purpose of informing
preliminary reviews under subsection (c)(1) and early
outreach efforts under subsection (c)(5), identify
distinct geographic areas selected as proposed
locations for projects filed, or for projects that are
reasonably expected to be filed in the near future,
with the Secretary of Transportation pursuant to
section 44718 of title 49 where the Secretary of
Defense can demonstrate such projects could have an
adverse impact on military operations and readiness,
including military training routes, and categorize the
risk of adverse impact in such areas;
``(C) develop procedures for the initial
identification of such geographic areas identified
under subparagraph (B), to include a process to provide
notice and seek public comment prior to making a final
designation of the geographic areas, including maps of
the area and the basis for identification;
``(D) develop procedures to periodically review and
modify, consistent with the notice and public comment
process under subparagraph (C), geographic areas
identified under subparagraph (B) and to solicit and
identify additional geographic areas as appropriate;
``(E) at the conclusion of the notice and public
comment period conducted under subparagraph (C), make a
final finding on the designation of a geographic area
of concern or delegate the authority to make such
finding to a Deputy Secretary of Defense, an Under
Secretary of Defense, or a Principal Deputy Under
Secretary of Defense; and
``(F) specifically identify feasible and affordable
long-term actions that may be taken to mitigate adverse
impacts of projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant
to section 44718 of title 49, on military operations
and readiness, including--
``(i) investment priorities of the
Department of Defense with respect to research
and development;
``(ii) modifications to military operations
to accommodate applications for such projects;
``(iii) recommended upgrades or
modifications to existing systems or procedures
by the Department of Defense;
``(iv) acquisition of new systems by the
Department and other departments and agencies
of the Federal Government and timelines for
fielding such new systems; and
``(v) modifications to the projects for
which such applications are filed with the
Secretary of Transportation pursuant to section
44718 of title 49, including changes in size,
location, or technology.
``(3) The Clearinghouse shall make access to data
reflecting geographic areas identified under subparagraph (B)
of paragraph (2) and reviewed and modified under subparagraph
(C) of such paragraph available online.
``(e) Department of Defense Finding of Unacceptable Risk.--
(1) The Secretary of Defense may not object to an energy
project filed with the Secretary of Transportation pursuant to
section 44718 of title 49, except in a case in which the
Secretary of Defense determines, after giving full
consideration to mitigation actions identified pursuant to this
section, that such project, in isolation or cumulatively with
other projects, would result in an unacceptable risk to the
national security of the United States. The Secretary of
Defense's finding of unacceptable risk to national security
shall be transmitted to the Secretary of Transportation for
inclusion in the report required under section 44718(b)(2) of
title 49.
``(2)(A) Not later than 30 days after making a finding of
unacceptable risk under paragraph (1), the Secretary of Defense
shall submit to the congressional defense committees, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report on such finding and
the basis for such finding. Such report shall include an
explanation of the operational impact that led to the finding,
a discussion of the mitigation options considered, and an
explanation of why the mitigation options were not feasible or
did not resolve the conflict. The report may include a
classified annex. Unclassified reports shall also be provided
to the project proponent. The Secretary of Defense may provide
public notice through the Federal Register of the finding.
``(B) The Secretary of Defense shall notify the appropriate
State agency of a finding made under paragraph (1).
``(3) The Secretary of Defense may only delegate the
responsibility for making a finding of unacceptable risk under
paragraph (1) to the Deputy Secretary of Defense, an under
secretary of defense, or a deputy under secretary of defense.
``(4) The Clearinghouse shall develop procedures for making
a finding of unacceptable risk, including with respect to how
to implement cumulative effects analysis. Such procedures shall
be subject to public comment prior to finalization.
``(f) Authority to Accept Contributions of Funds.--The
Secretary of Defense is authorized to request and accept a
voluntary contribution of funds from an applicant for a project
filed with the Secretary of Transportation pursuant to section
44718 of title 49. Amounts so accepted shall remain available
until expended for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate
adverse impacts of such a project on military operations and
readiness or to conduct studies of potential measures to
mitigate such impacts.
``(g) Effect of Department of Defense Hazard Assessment.--
An action taken pursuant to this section shall not be
considered to be a substitute for any assessment or
determination required of the Secretary of Transportation under
section 44718 of title 49.
``(h) Definitions.--In this section:
``(1) The term `adverse impact on military
operations and readiness' means any adverse impact upon
military operations and readiness, including flight
operations, research, development, testing, and
evaluation, and training, that is demonstrable and is
likely to impair or degrade the ability of the armed
forces to perform their warfighting missions.
``(2) The term `energy project' means a project
that provides for the generation or transmission of
electrical energy.
``(3) The term `landowner' means a person that owns
a fee interest in real property on which a proposed
energy project is planned to be located.
``(4) The term `military installation' has the
meaning given that term in section 2801(c)(4) of this
title.
``(5) The term `military readiness' includes any
training or operation that could be related to combat
readiness, including testing and evaluation activities.
``(6) The term `military training route' means a
training route developed as part of the Military
Training Route Program, carried out jointly by the
Federal Aviation Administration and the Secretary of
Defense, for use by the armed forces for the purpose of
conducting low-altitude, high-speed military training.
``(7) The term `unacceptable risk to the national
security of the United States' means the construction,
alteration, establishment, or expansion, or the
proposed construction, alteration, establishment, or
expansion, of a structure or sanitary landfill, that
the Secretary of Defense can demonstrate would--
``(A) endanger safety in air commerce
directly related to the activities of the
Department of Defense;
``(B) interfere with the efficient use of
the navigable airspace directly related to the
activities of the Department of Defense; or
``(C) significantly impair or degrade the
capability of the Department of Defense to
conduct training, research, development,
testing, and evaluation, and operations or to
maintain military readiness.''.
(b) Conforming and Clerical Amendments.--
(1) Repeal of existing provision.--Section 358 of
the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (49 U.S.C. 44718 note) is repealed.
(2) Cross-reference in title 49, united states
code.--Section 44718(f) of title 49, United States
Code, is amended by inserting ``and in accordance with
section 183a(e) of title 10'' after ``conducted under
subsection (b)''.
(3) Reference to definitions.--Section 44718(g) of
title 49, United States Code, is amended by striking
``211.3 of title 32, Code of Federal Regulations, as in
effect on January 6, 2014'' both places it appears and
inserting ``183a(g) of title 10''.
(4) Table of sections amendment.--The table of
sections at the beginning of chapter 7 of title 10 is
amended by inserting after the item relating to section
183 the following new item:
``183a. Military Aviation and Installation Assurance Siting
Clearinghouse for review of mission obstructions.''.
(c) Applicability of Existing Rules and Regulations.--
Notwithstanding the amendments made by subsection (a), any rule
or regulation promulgated to carry out section 358 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(49 U.S.C. 44718 note), that is in effect on the day before the
date of the enactment of this Act shall continue in effect and
apply to the extent such rule or regulation is consistent with
the authority under section 183a of title 10, United States
Code, as added by subsection (a), until such rule or regulation
is otherwise amended or repealed.
(d) Deadline for Initial Identification of Geographic
Areas.--The initial identification of geographic areas under
section 183a(d)(2)(B) of title 10, United States Code, as added
by subsection (a), shall be completed not later than 180 days
after the date of the enactment of this Act.
(e) Conforming Amendment Regarding Critical Military-use
Airspace Areas.--Section 44718 of title 49, United States Code,
as amended by subsection (b)(3), is further amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Special Rule for Identified Geographic Areas.--In the
case of a proposed structure to be located within a geographic
area identified under section 183a(d)(2)(B) of title 10, the
Secretary of Transportation may not issue a determination
pursuant to this section until the Secretary of Defense issues
a finding under section 183a(e) of title 10, the Secretary of
Defense advises the Secretary of Transportation that no finding
under section 183a(e) of title 10 will be forthcoming, or 180
days have lapsed since the project was filed with the Secretary
of Transportation pursuant to this section, whichever occurs
first.''.
SEC. 312. ENERGY PERFORMANCE GOALS AND MASTER PLAN.
Section 2911(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting before the
period at the end the following: ``, the future demand
for energy, and the requirements for the use of
energy'';
(2) in paragraph (2), by striking ``reduce the
future demand and the requirements for the use of
energy'' and inserting ``enhance energy resilience to
ensure the Department of Defense has the ability to
prepare for and recover from energy disruptions that
affect mission assurance on military installations'';
and
(3) by adding at the end the following new
paragraph:
``(13) Opportunities to leverage financing provided
by a non-Department entity to address installation
energy needs.''.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH UMATILLA CHEMICAL DEPOT,
OREGON.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may
transfer an amount of not more than $125,000 to the
Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code
of 1986. Any such transfer shall be made without regard
to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection
(a) shall be made using funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for Base Realignment and Closure,
Army.
(b) Purpose of Transfer.--A transfer under subsection (a)
shall be for the purpose of satisfying a stipulated penalty
assessed by the Environmental Protection Agency in the
settlement agreement approved by the Army on July 14, 2016,
against the Umatilla Chemical Depot, Oregon under the Federal
Facility Agreement between the Army and the Environmental
Protection Agency dated September 19, 1989.
(c) Acceptance of Payment.--If the Secretary of the Army
makes a transfer under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount
transferred as payment in full of the penalty referred to in
subsection (b).
SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH LONGHORN ARMY AMMUNITION
PLANT, TEXAS.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may
transfer an amount of not more than $1,185,000 to the
Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code
of 1986. Any such transfer shall be made without regard
to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection
(a) shall be made using funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for Environmental Restoration,
Army.
(b) Purpose of Transfer.--A transfer under subsection (a)
shall be for the purpose of satisfying a stipulated penalty
assessed by the Environmental Protection Agency on April 5,
2013, against Longhorn Army Ammunition Plant, Texas, under the
Federal Facility Agreement for Longhorn Army Ammunition Plant,
which was entered into between the Army and the Environmental
Protection Agency in 1991.
(c) Acceptance of Payment.--If the Secretary of the Army
makes a transfer under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount
transferred as payment in full of the penalty referred to in
subsection (b).
SEC. 315. DEPARTMENT OF THE ARMY CLEANUP AND REMOVAL OF PETROLEUM, OIL,
AND LUBRICANT ASSOCIATED WITH THE PRINZ EUGEN.
(a) Authority.--Amounts authorized to be appropriated for
the Department of the Army may by used for all necessary
expenses for the removal and cleanup of petroleum, oil, and
lubricants associated with the heavy cruiser Prinz Eugen, which
was transferred from the United States to the Republic of the
Marshall Islands in 1986.
(b) Certification.--If the Secretary of the Army does not
use the authority provided by subsection (a), the Secretary
shall submit a certification to the congressional defense
committees not later than September 30, 2018, that the
petroleum, oil, and lubricants associated with the heavy
cruiser Prinz Eugen do not adversely impact safety or military
operations.
SEC. 316. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION
IN DRINKING WATER.
(a) Study on Human Health Implications.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Centers for Disease
Control and Prevention and the Agency for Toxic
Substances and Disease Registry, and, as appropriate,
the National Institute of Environmental Health
Sciences, and in consultation with the Department of
Defense, shall--
(A) commence a study on the human health
implications of per- and polyfluoroalkyl
substances (PFAS) contamination in drinking
water, ground water, and any other sources of
water and relevant exposure pathways, including
the cumulative human health implications of
multiple types of PFAS contamination at levels
above and below health advisory levels;
(B) not later than 5 years after the date
of enactment of this Act (or 7 years after such
date of enactment after providing notice to the
appropriate congressional committees of the
need for the delay)--
(i) complete such study and make
any appropriate recommendations; and
(ii) submit a report to the
appropriate congressional committees on
the results of such study; and
(C) not later than one year after the date
of the enactment of this Act, and annually
thereafter until submission of the report under
subparagraph (B)(ii), submit to the appropriate
congressional committees a report on the
progress of the study.
(2) Funding.--Of the amounts authorized to be
appropriated by this Act for the Department of Defense,
$7,000,000 shall be available to carry out the study
under this subsection.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Heath, Education,
Labor, and Pensions, the Committee on
Environment and Public Works, and the Committee
on Veterans' Affairs of the Senate; and
(C) the Committee on Energy and Commerce
and the Committee on Veterans' Affairs of the
House of Representatives.
(b) Exposure Assessment.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Centers for Disease
Control and Prevention and the Agency for Toxic
Substances and Disease Registry, and, as appropriate,
the National Institute of Environmental Health
Sciences, and in consultation with the Department of
Defense, shall conduct an exposure assessment of no
less than 8 current or former domestic military
installations known to have PFAS contamination in
drinking water, ground water, and any other sources of
water and relevant exposure pathways.
(2) Contents.--The exposure assessment required
under this subsection shall--
(A) include--
(i) for each military installation
covered under the exposure assessment,
a statistical sample to be determined
by the Secretary of Health and Human
Services in consultation with the
relevant State health departments; and
(ii) bio-monitoring for assessing
the contamination described in
paragraph (1); and
(B) produce findings, which shall be--
(i) used to help design the study
described in subsection (a)(1)(A); and
(ii) released to the appropriate
congressional committees not later than
1 year after the conclusion of such
exposure assessment.
(3) Timing.--The exposure assessment required under
this subsection shall--
(A) begin not later than 180 days after the
date of enactment of this Act; and
(B) conclude not later than 2 years after
such date of enactment.
(c) Coordination With Other Agencies.--The Agency for Toxic
Substance and Disease Registry may, as necessary, use staff and
other resources from other Federal agencies in carrying out the
study under subsection (a) and the assessment under subsection
(b).
(d) No Effect on Regulatory Process.--The study and
assessment conducted under this section shall not interfere
with any regulatory processes of the Environmental Protection
Agency, including determinations of maximum contaminant levels.
SEC. 317. SENTINEL LANDSCAPES PARTNERSHIP.
(a) Establishment.--The Secretary of Defense, in
coordination with the Secretary of Agriculture and the
Secretary of the Interior, may establish and carry out a
program to preserve sentinel landscapes. The program shall be
known as the ``Sentinel Landscapes Partnership''.
(b) Designation of Sentinel Landscapes.--The Secretary of
Defense, the Secretary of Agriculture, and the Secretary of the
Interior, may, as the Secretaries determine appropriate,
collectively designate one or more sentinel landscapes.
(c) Coordination of Activities.--The Secretaries may
coordinate actions between their departments and with other
agencies and private organizations to more efficiently work
together for the mutual benefit of conservation, working lands,
and national defense, and to encourage private landowners to
engage in voluntary land management and conservation activities
that contribute to the sustainment of military installations,
ranges, and airspace.
(d) Priority Consideration.--The Secretary of Agriculture
and the Secretary of the Interior may give to any eligible
landowner or agricultural producer within a designated sentinel
landscape priority consideration for participation in any
easement, grant, or assistance programs administered by that
Secretary's department. Participation in any such program
pursuant to this section shall be voluntary.
(e) Definitions.--In this section:
(1) Military installation.--The term ``military
installation'' has the same meaning as provided in
section 670(1) of title 16, United States Code.
(2) State-owned national guard installation.--The
term ``State-owned National Guard installation'' has
the same meaning as provided in section 670(3) of title
16, United States Code.
(3) Sentinel landscape.--The term ``sentinel
landscape'' means a landscape-scale area encompassing--
(A) one or more military installations or
state-owned National Guard installations and
associated airspace; and
(B) the working or natural lands that serve
to protect and support the rural economy, the
natural environment, outdoor recreation, and
the national defense test and training missions
of the military- or State-owned National Guard
installation or installations.
(f) Conforming Amendment.--Section 312(b) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed.
SEC. 318. REPORT ON RELEASE OF RADIUM OR RADIOACTIVE MATERIAL INTO THE
GROUNDWATER NEAR THE INDUSTRIAL RESERVE PLANT IN
BETHPAGE, NEW YORK.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress an
addendum to the report submitted to Congress in June 2017
entitled ``2017 Annual Report For Groundwater Impacts at Naval
Weapons Industrial Reserve Plant Bethpage, New York'' that
would detail any releases by the Department of Defense of
radium or radioactive material into the groundwater within a
75-mile radius of the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
SEC. 321. REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION PROJECT.
Section 338 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as
most recently amended by section 321 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1694) is amended--
(1) in subsection (d), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (e), by striking ``2019'' and
inserting ``2024''.
SEC. 322. INCREASED PERCENTAGE OF SUSTAINMENT FUNDS AUTHORIZED FOR
REALIGNMENT TO RESTORATION AND MODERNIZATION AT
EACH INSTALLATION.
(a) In General.--The Secretary of Defense may authorize an
installation commander to realign up to 7.5 percent of an
installation's sustainment funds to restoration and
modernization.
(b) Sunset.--The authority under subsection (a) shall
expire at the close of September 30, 2022.
(c) Definitions.--The terms ``sustainment'',
``restoration'', and ``modernization'' have the meanings given
the terms in the Department of Defense Financial Management
Regulation.
SEC. 323. GUIDANCE REGARDING USE OF ORGANIC INDUSTRIAL BASE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall establish clear and
prescriptive guidance on the process for conducting make-or-buy
analyses for Army requirements, including the use of the
organic industrial base.
Subtitle D--Reports
SEC. 331. QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS.
(a) Modification and Improvement.--Section 482 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Each report'' and
inserting ``The reports for the first and third
quarters of a calendar year''; and
(B) by adding at the end the following new
sentence: ``The reports for the second and
fourth quarters of a calendar year shall
contain the information required by subsection
(j).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``and Remedial Actions'';
(B) in the matter preceding paragraph (1),
by striking ``Each report'' and inserting ``A
report for the second or fourth quarter of a
calendar year'';
(C) in paragraph (1), by inserting ``and''
after the semicolon;
(D) by striking paragraph (2); and
(E) by redesignating paragraph (3) as
paragraph (2);
(3) in subsection (d)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year'';
(4) in subsection (e), by striking ``Each report''
and inserting ``A report for the second or fourth
quarter of a calendar year'';
(5) in subsection (f)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year'';
(6) in subsection (g)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year''; and
(7) by adding at the end the following new
subsection:
``(j) Remedial Actions.--A report for the first or third
quarter of a calendar year shall include--
``(1) a description of the mitigation plans of the
Secretary to address readiness shortfalls and
operational deficiencies identified in the report
submitted for the preceding calendar quarter; and
``(2) for each such shortfall or deficiency, a
timeline for resolution, the cost necessary for such
resolution, the mitigation strategy the Department will
employ until the resolution is in place, and any
legislative remedies required.''.
(b) Conforming Amendments.--Section 117 of title 10, United
States Code, is amended--
(1) in subsection (d)--
(A) in the subsection heading, by striking
``Quarterly''and inserting ``Semi-annual''; and
(B) in paragraph (1)(A), by striking
``quarterly'' and inserting ``semi-annual'';
and
(2) in subsection (e), by striking ``each quarter''
and inserting ``semi-annually''.
SEC. 332. BIENNIAL REPORT ON CORE DEPOT-LEVEL MAINTENANCE AND REPAIR
CAPABILITY.
Section 2464(d) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(4) Any workload shortfalls at any work breakdown
structure category designated as a lower-level category
pursuant to Department of Defense Instruction 4151.20,
or any successor instruction.
``(5) A description of any workload executed at a
category designated as a first-level category pursuant
to such Instruction, or any successor instruction, that
could be used to mitigate shortfalls in similar
categories.
``(6) A description of any progress made on
implementing mitigation plans developed pursuant to
paragraph (3).
``(7) A description of core capability requirements
and corresponding workloads at the first level
category.
``(8) In the case of any shortfall that is
identified, a description of the shortfall and an
identification of the subcategory of the work breakdown
structure in which the shortfall occurred.
``(9) In the case of any work breakdown structure
category designated as a special interest item or other
pursuant to such Instruction, or any successor
instruction, an explanation for such designation.
``(10) Whether the core depot-level maintenance and
repair capability requirements described in the report
submitted under this subsection for the preceding
fiscal year have been executed.''.
SEC. 333. ANNUAL REPORT ON PERSONNEL, TRAINING, AND EQUIPMENT NEEDS OF
NON-FEDERALIZED NATIONAL GUARD.
(a) Annual Report Required.--Section 10504 of title 10,
United States Code, as amended by section 1051, is further
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Report'' and inserting ``Report on State of
the National Guard''; and
(B) by striking ``The report'' and
inserting the following:
``(2) The annual report required by paragraph
(1)''; and
(2) by adding at the end the following new
subsection:
``(b) Annual Report on Non-federalized Service National
Guard Personnel, Training, and Equipment Requirements.--(1) Not
later than January 31 of each of calendar years 2018 through
2020, the Chief of the National Guard Bureau, in coordination
with the Secretary of Defense, shall submit to the recipients
described in paragraph (3) a report that identifies the
personnel, training, and equipment required by the non-
Federalized National Guard--
``(A) to support civilian authorities in
connection with natural and man-made disasters
during the covered period; and
``(B) to carry out prevention, protection,
mitigation, response, and recovery activities
relating to such disasters during the covered
period.
``(2) In preparing each report under paragraph (1), the
Chief of the National Guard Bureau shall--
``(A) consult with the chief executive of each
State, the Council of Governors, and other appropriate
civilian authorities;
``(B) collect and validate information from each
State relating to the personnel, training, and
equipment requirements described in paragraph (1);
``(C) set forth separately the personnel, training,
and equipment requirements for--
``(i) each of the emergency support
functions of the National Response Framework;
and
``(ii) each of the Federal Emergency
Management Agency regions;
``(D) assess core civilian capability gaps relating
to natural and man-made disasters, as identified by
States in submissions to the Department of Homeland
Security;
``(E) take into account threat and hazard
identifications and risk assessments of the Department
of Defense, the Department of Homeland Security, and
the States; and
``(F) assess the budgets of each State to support
the personnel, training, and equipment requirements of
the non-Federalized National Guard.
``(3) The annual report required by paragraph (1) shall be
submitted to the following officials:
``(A) The congressional defense committees, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate.
``(B) The Secretary of Defense.
``(C) The Secretary of Homeland Security.
``(D) The Council of Governors.
``(E) The Secretary of the Army.
``(F) The Secretary of the Air Force.
``(G) The Commander of the United States Northern
Command.
``(H) The Commander of the United States Pacific
Command.
``(I) The Commander of the United States Cyber
Command.
``(4) In this subsection, the term `covered period' means
the fiscal year beginning after the date on which a report is
submitted under paragraph (1).''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 10504. Chief of National Guard Bureau: annual reports''.
(2) Table of contents.--The table of sections at
the beginning of chapter 1011 of title 10, United
States Code, is amended by striking the item relating
to section 10504 and inserting the following:
``10504. Chief of National Guard Bureau: annual reports.''.
SEC. 334. ANNUAL REPORT ON MILITARY WORKING DOGS USED BY THE DEPARTMENT
OF DEFENSE.
(a) Capacity.--The Secretary of Defense, acting through the
Executive Agent for Military Working Dogs (hereinafter in this
section referred to as the ``Executive Agent''), shall--
(1) identify the number of military working dogs
required to fulfill the various missions of the
Department of Defense for which such dogs are used,
including force protection, facility and check point
security, and explosives and drug detection;
(2) take such steps as are practicable to ensure an
adequate number of military working dog teams are
available to meet and sustain the mission requirements
identified in paragraph (1);
(3) ensure that the Department's needs and
performance standards with respect to military working
dogs are readily available to dog breeders and
trainers; and
(4) coordinate with other Federal, State, and local
agencies, nonprofit organizations, universities, and
private sector entities, as appropriate, to increase
the training capacity for military working dog teams.
(b) Military Working Dog Procurement.--The Secretary,
acting through the Executive Agent, shall work to ensure that
military working dogs are procured as efficiently as possible
and at the best value to the Government, while maintaining the
necessary level of quality and encouraging increased domestic
breeding.
(c) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter until
September 30, 2021, the Secretary, acting through the Executive
Agent, shall submit to the congressional defense committees a
report on the procurement and retirement of military working
dogs for the fiscal year preceding the fiscal year during which
the report is submitted. Each report under this subsection
shall include the following for the fiscal year covered by the
report:
(1) The number of military working dogs procured,
by source, by each military department or Defense
Agency.
(2) The cost of procuring military working dogs
incurred by each military department or Defense Agency.
(3) The number of domestically-bred and sourced
military working dogs procured by each military
department or Defense Agency, including a list of
vendors, their location, cost, and the quantity of dogs
procured from each vendor.
(4) The number of non-domestically-bred military
working dogs procured from non-domestic sources by each
military department or Defense Agency, including a list
of vendors, their location, cost, and the quantity of
dogs procured from each vendor.
(5) The cost of procuring pre-trained and green
dogs for force protection, facility and checkpoint
security, and improvised explosive device, other
explosives, and drug detection.
(6) An analysis of the procurement practices of
each military department or Defense Agency that limit
market access for domestic canine vendors and breeders.
(7) The total cost of procuring domestically-bred
military working dogs versus the total cost of
procuring dogs from non-domestic sources.
(8) The total number of domestically-bred dogs and
the number of dogs from foreign sources procured by
each military department or Defense Agency and the
number and percentage of those dogs that are ultimately
deployed for their intended use.
(9) An explanation for any significant difference
in the cost of procuring military working dogs from
different sources.
(10) An estimate of the number of military working
dogs expected to retire annually and an identification
of the primary cause of the retirement of such dogs.
(11) An identification of the final disposition of
military working dogs no longer in service.
(d) Military Working Dog Defined.--For purposes of this
section, the term ``military working dog'' means a dog used in
any official military capacity, as defined by the Secretary of
Defense.
SEC. 335. REPORT ON EFFECTS OF CLIMATE CHANGE ON DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Secretary of Defense James Mattis has stated:
``It is appropriate for the Combatant Commands to
incorporate drivers of instability that impact the
security environment in their areas into their
planning.''.
(2) Secretary of Defense James Mattis has stated:
``I agree that the effects of a changing climate --
such as increased maritime access to the Arctic, rising
sea levels, desertification, among others -- impact our
security situation.''.
(3) Chairman of the Joint Chiefs of Staff Joseph
Dunford has stated: ``It's a question, once again, of
being forward deployed, forward engaged, and be in a
position to respond to the kinds of natural disasters
that I think we see as a second or third order effect
of climate change.''.
(4) Former Secretary of Defense Robert Gates has
stated: ``Over the next 20 years and more, certain
pressures-population, energy, climate, economic,
environmental-could combine with rapid cultural,
social, and technological change to produce new sources
of deprivation, rage, and instability.''.
(5) Former Chief of Staff of the U.S. Army Gordon
Sullivan has stated: ``Climate change is a national
security issue. We found that climate instability will
lead to instability in geopolitics and impact American
military operations around the world.''.
(6) The Office of the Director of National
Intelligence (ODNI) has stated: ``Many countries will
encounter climate-induced disruptions--such as weather-
related disasters, drought, famine, or damage to
infrastructure--that stress their capacity to respond,
cope with, or adapt. Climate-related impacts will also
contribute to increased migration, which can be
particularly disruptive if, for example, demand for
food and shelter outstrips the resources available to
assist those in need.''.
(7) The Government Accountability Office (GAO) has
stated: ``DOD links changes in precipitation patterns
with potential climate change impacts such as changes
in the number of consecutive days of high or low
precipitation as well as increases in the extent and
duration of droughts, with an associated increase in
the risk of wildfire. . . this may result in mission
vulnerabilities such as reduced live-fire training due
to drought and increased wildfire risk.''.
(8) A three-foot rise in sea levels will threaten
the operations of more than 128 United States military
sites, and it is possible that many of these at-risk
bases could be submerged in the coming years.
(9) As global temperatures rise, droughts and
famines can lead to more failed states, which are
breeding grounds of extremist and terrorist
organizations.
(10) In the Marshall Islands, an Air Force radar
installation built on an atoll at a cost of
$1,000,000,000 is projected to be underwater within two
decades.
(11) In the western United States, drought has
amplified the threat of wildfires, and floods have
damaged roads, runways, and buildings on military
bases.
(12) In the Arctic, the combination of melting sea
ice, thawing permafrost, and sea-level rise is eroding
shorelines, which is damaging radar and communication
installations, runways, seawalls, and training areas.
(13) In the Yukon Training Area, units conducting
artillery training accidentally started a wildfire
despite observing the necessary practices during red
flag warning conditions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) climate change is a direct threat to the
national security of the United States and is impacting
stability in areas of the world both where the United
States Armed Forces are operating today, and where
strategic implications for future conflict exist;
(2) there are complexities in quantifying the cost
of climate change on mission resiliency, but the
Department of Defense must ensure that it is prepared
to conduct operations both today and in the future and
that it is prepared to address the effects of a
changing climate on threat assessments, resources, and
readiness; and
(3) military installations must be able to
effectively prepare to mitigate climate damage in their
master planning and infrastructure planning and design,
so that they might best consider the weather and
natural resources most pertinent to them.
(c) Report.--
(1) Report required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on vulnerabilities to military installations
and combatant commander requirements resulting from
climate change over the next 20 years.
(2) Elements.--The report on vulnerabilities to
military installations and combatant commander
requirements required by paragraph (1) shall include
the following:
(A) A list of the ten most vulnerable
military installations within each service
based on the effects of rising sea tides,
increased flooding, drought, desertification,
wildfires, thawing permafrost, and any other
categories the Secretary determines necessary.
(B) An overview of mitigations that may be
necessary to ensure the continued operational
viability and to increase the resiliency of the
identified vulnerable military installations
and the cost of such mitigations.
(C) A discussion of the climate-change
related effects on the Department, including
the increase in the frequency of humanitarian
assistance and disaster relief missions and the
theater campaign plans, contingency plans, and
global posture of the combatant commanders.
(D) An overview of mitigations that may be
necessary to ensure mission resiliency and the
cost of such mitigations.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 336. REPORT ON OPTIMIZATION OF TRAINING IN AND MANAGEMENT OF
SPECIAL USE AIRSPACE.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Bases, Ranges,
and Airspace Directorate of the Air Force and the Administrator
of the Federal Aviation Administration shall submit to Congress
a report on optimization of training in and management of
special use airspace that includes the following:
(1) Best practices for the management of special
use airspace, including practices that--
(A) result in cost savings relating to
training;
(B) increase training opportunities for
airmen;
(C) increase joint use of such airspace;
(D) improve coordination with respect to
such airspace with--
(i) the Federal Aviation
Administration;
(ii) Indian tribes;
(iii) airports, civilian aircraft
operators, and local communities; and
(iv) private landowners and other
stakeholders; or
(E) improve the coordination of large force
exercises, including the use of waivers or
other exceptional measures.
(2) An assessment of whether the capacity of
ranges, including limitations on flight operations, is
adequate to meet current and future training needs.
(3) An assessment of whether the establishment of a
dedicated squadron for the purpose of coordinating the
use of a special use airspace at the installation
located in that airspace would improve the achievement
of the objectives described in subparagraphs (A)
through (E) of paragraph (1).
(4) An assessment of the processes in place to
consider, evaluate, and mitigate special use airspace
impacts to the public right of transit through
navigable airspace and the safe and efficient use of
the National Airspace System by commercial and general
aviation.
(5) Recommendations for improving the management
and utilization of special use airspace to meet the
objectives described in subparagraphs (A) through (E)
of paragraph (1) and to address any gaps in capacity
identified under paragraph (2).
(b) Special Use Airspace Defined.--In this section, the
term ``special use airspace'' means special use airspace
designated under part 73 of title 14, Code of Federal
Regulations.
SEC. 337. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE NAVY
ADVERSARY AIR TRAINING ENTERPRISE.
(a) Plan Required.--The Chief of Naval Operations and the
Commandant of the Marine Corps shall develop a plan--
(1) to establish a modernized, dedicated adversary
air training enterprise for the Department of the Navy
in order to--
(A) maximize warfighting effectiveness and
synergies of the current and planned fourth and
fifth generation combat air forces through
optimized training and readiness; and
(B) harness intelligence analysis, emerging
live-virtual-constructive training
technologies, range infrastructure
improvements, and results of experimentation
and prototyping efforts in operational concept
development;
(2) to explore all available opportunities to
challenge the combat air forces of the Department of
the Navy with threat representative adversary-to-
friendly aircraft ratios, known and emerging adversary
tactics, and high-fidelity replication of threat
airborne and ground capabilities; and
(3) to execute all means available to achieve
training and readiness goals and objectives of the Navy
and Marine Corps with demonstrated institutional
commitment to the adversary air training enterprise
through the application of Department of the Navy
policy and resources, partnering with the other Armed
Forces, allies, and friends, and employing the use of
industry contracted services.
(b) Plan Elements.--The plan required under subsection (a)
shall include enterprise goals, objectives, concepts of
operations, phased implementation timelines, analysis of
expected readiness improvements, prioritized resource
requirements, and such other matters as the Chief of Naval
Operations and Commandant of the Marine Corps consider
appropriate.
(c) Submittal of Plan and Briefing.--Not later than March
1, 2018, the Chief of Naval Operations and Commandant of the
Marine Corps shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a written plan
and briefing on the plan required under subsection (a).
SEC. 338. UPDATED GUIDANCE REGARDING BIENNIAL CORE REPORT.
To ensure that the biennial core reporting procedures of
the Department of Defense align with the requirements of
section 2464 of title 10, United States Code, and that each
reporting agency provides accurate and complete information,
the Secretary of Defense shall direct the Under Secretary of
Defense for Acquisition, Technology and Logistics to update the
Department of Defense Guidance, in particular Department of
Defense Instruction 4151.20, to require future biennial core
reports include instructions to the reporting agencies on how
to--
(1) report additional depot workload performed that
has not been identified as a core requirement;
(2) accurately capture inter-service workload;
(3) calculate shortfalls; and
(4) estimate the cost of planned workload.
Subtitle E--Other Matters
SEC. 341. EXPLOSIVE SAFETY BOARD.
(a) Modification and Improvement of Ammunition Storage
Board.--Section 172 of title 10, United States Code, is
amended--
(1) by striking ``The Secretaries of the military
departments'' and inserting ``(a) In General.--The
Secretary of Defense'';
(2) by inserting ``that includes members'' after
``joint board'';
(3) by striking ``selected by them'' and inserting
``selected by the Secretaries of the military
departments,'';
(4) by inserting ``military'' before ``officers'';
(5) by inserting ``designated as the chair and
voting members of the board for each military
department'' after ``officers'';
(6) by inserting ``and other'' before ``civilian
officers'';
(7) by striking ``or both'' and inserting ``as
necessary'';
(8) by striking ``keep informed on stored'' and
inserting ``provide oversight on storage and
transportation of''; and
(9) by adding at the end the following new
subsection:
``(b) Oversight by Secretaries of the Military
Departments.--The Secretaries of the military departments shall
provide research, development, test, evaluation, and
manufacturing oversight for energetic materials supporting
military requirements.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 172 of
title 10, United States Code, is amended by striking
``Ammunition storage'' and inserting ``Explosive
safety''.
(2) Table of sections.--The table of sections at
the beginning of chapter 7 of such title is amended by
striking the item relating to section 172 and inserting
the following new item:
``172. Explosive safety board.''.
SEC. 342. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS.
(a) In General.--The Secretary of Defense may provide not
more than $5,000,000 in financial support for the acquisition,
installation, and maintenance of exhibits, facilities,
historical displays, and programs at military service memorials
and museums that highlight the role of women in the military.
The Secretary may enter into a contract, partnership, or grant
with a non-profit organization for the purpose of performing
such acquisition, installation, and maintenance.
(b) Purposes.--The contracts, partnerships, or grants shall
be limited to serving the purposes of--
(1) preserving the history of the 3,000,000 women
who have served in the United States Armed Forces;
(2) managing an archive of artifacts, historic
memorabilia, and documents related to servicewomen;
(3) maintaining a women veterans' oral history
program; and
(4) conducting other educational programs related
to women in service.
SEC. 343. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED SKILLS
MANAGEMENT SOFTWARE SYSTEM OF THE NAVY.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 for the Department of Defense may be obligated for
the enhancement of the advanced skills management software
system of the Navy until a period of 60 days has elapsed
following the date on which Secretary of the Navy makes the
submission required under subsection (b)(3).
(b) Briefing and Certification.--The Secretary of the Navy
shall--
(1) provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing
on any enhancements that are needed for the advanced
skills management software system of the Navy;
(2) after providing the briefing under paragraph
(1), issue a request for information for such
enhancements in accordance with part 15.2 of the
Federal Acquisition Regulation; and
(3) submit to the Committees on Armed Services of
the Senate and the House of Representatives--
(A) the results of the request for
information issued under paragraph (2); and
(B) a written certification that--
(i) as part of the request for
information, the Secretary solicited
information on commercially available
off-the-shelf software solutions that
may be used to enhance the advanced
skills management software system of
the Navy; and
(ii) the Secretary has considered
using such solutions.
(c) Advanced Skills Management Software System Defined.--In
this section, the term ``advanced skills management software
system'' means a software application designed to--
(1) identify job task requirements for Navy
personnel;
(2) assist in determining the proficiencies of such
personnel;
(3) document qualifications and certifications of
such personnel; and
(4) track the technical training completed by Navy
aviation maintenance personnel.
SEC. 344. COST-BENEFIT ANALYSIS OF UNIFORM SPECIFICATIONS FOR AFGHAN
MILITARY OR SECURITY FORCES.
Beginning on the date of the enactment of this Act,
whenever the Secretary of Defense enters into a contract for
the provision of uniforms for Afghan military or security
forces, the Secretary shall conduct a cost-benefit analysis of
the uniform specification for the Afghan military or security
forces uniform. Such analysis shall determine--
(1) whether there is a more effective alternative
uniform specification, considering both operational
environment and cost, available to the Afghan military
or security forces;
(2) the efficacy of the existing pattern compared
to other alternatives (both proprietary and non-
proprietary patterns); and
(3) the costs and feasibility of transitioning the
uniforms of the Afghan military or security forces to a
pattern owned by the United States, using existing
excess inventory where available, and acquiring the
rights to the Spec4ce Forest pattern.
SEC. 345. TEMPORARY INSTALLATION REUTILIZATION AUTHORITY FOR ARSENALS,
DEPOTS, AND PLANTS.
(a) Modified Authority.--In the case of a military
manufacturing arsenal, depot, or plant, the Secretary of the
Army may authorize up to 10 leases and contracts per fiscal
year under section 2667 of title 10, United States Code, for a
term of up to 25 years, notwithstanding subsection (b)(1) of
such section, if the Secretary determines that a lease or
contract of that duration will promote the national defense for
the purpose of--
(1) helping to maintain the viability of the
military manufacturing arsenal, depot, or plant and any
military installations on which it is located;
(2) eliminating, or at least reducing, the cost of
Government ownership of the military manufacturing
arsenal, depot, or plant, including the costs of
operations and maintenance, the costs of environmental
remediation, and other costs; and
(3) leveraging private investment at the military
manufacturing arsenal, depot, or plant through long-
term facility use contracts, property management
contracts, leases, or other agreements that support and
advance the preceding purposes.
(b) Delegation and Review Process.--
(1) In general.--The Secretary of the Army may
delegate the authority provided by this section to the
commander of the major subordinate command of the Army
that has responsibility for the military manufacturing
arsenal, depot, or plant or, if part of a larger
military installation, the installation as a whole. The
commander may approve a lease or contract under such
authority on a case-by-case basis or a class basis.
(2) Notice of approval.--Upon any approval of a
lease or contract by a commander pursuant to a
delegation of authority under paragraph (1), the
commander shall notify the Chief of the Army Corps of
Engineers and Congress of the approval.
(3) Review period.--Any lease or contract that is
approved utilizing the delegation authority under
paragraph (1) is subject to a 90-day hold period so
that the Chief of the Army Corps of Engineers may
review the lease or contract pursuant to paragraph (4).
(4) Disposition of review.--If the Chief of the
Army Corps of Engineers disapproves of a contract or
lease submitted for review under paragraph (3), the
agreement shall be null and void upon transmittal by
the Chief of the Army Corps of Engineers to the
delegating authority of a written disapproval,
including a justification for such disapproval, within
the 90-day hold period. If no such disapproval is
transmitted within the 90-day hold period, the
agreement shall be deemed approved.
(5) Approval of revised agreement.--If, not later
than 60 days after receiving a disapproval under
paragraph (4), the delegating authority submits to the
Chief of the Army Corps of Engineers a new contract or
lease that addresses the concerns of the Chief of the
Army Corps of Engineers outlined in such disapproval,
the new contract or lease shall be deemed approved
unless the Chief of the Army Corps of Engineers
transmits to the delegating authority a disapproval of
the new contract or lease within 30 days of such
submission.
(c) Military Manufacturing Arsenal, Depot, or Plant
Defined.--In this section, the term ``military manufacturing
arsenal, depot, or plant'' means a Government-owned,
Government-operated defense plant of the Army that manufactures
weapons, weapon components, or both.
(d) Sunset.--The authority under this section shall
terminate at the close of September 30, 2020. Any contracts
entered into on or before such date shall continue in effect
according to their terms.
SEC. 346. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL MAINTENANCE BEST
PRACTICES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive
plan for the sharing of best practices for depot-level
maintenance among the military services.
(b) Elements.--The comprehensive plan required under
subsection (a) shall cover the sharing of best practices with
regard to--
(1) programing and scheduling;
(2) core capability requirements;
(3) workload;
(4) personnel management, development, and
sustainment;
(5) induction, duration, efficiency, and completion
metrics;
(6) parts, supply, tool, and equipment management;
(7) capital investment and manufacturing and
production capability; and
(8) inspection and quality control.
SEC. 347. PILOT PROGRAM FOR OPERATION AND MAINTENANCE BUDGET
PRESENTATION.
(a) In General.--Along with the budget for fiscal years
2019, 2020, and 2021 submitted by the President pursuant to
section 1105(a) of title 31, United States Code, the Secretary
of Defense and the Secretaries of the military departments
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives an annex for the following
Operation and Maintenance sub-activity groups (SAG):
(1) For the Army:
(A) SAG 111 - Maneuver Units.
(B) SAG 123 - Land Forces Depot
Maintenance.
(C) SAG 131 - Base Operations Support.
(D) SAG 322 - Flight Training.
(2) For the Navy:
(A) SAG 1A5A - Aircraft Depot Maintenance.
(B) SAG 1B1B - Mission and Other Ship
Operations.
(C) SAG 1B4B - Ship Depot Maintenance.
(D) SAG BSS1 - Base Operating Support.
(3) For the Marine Corps:
(A) SAG 1A1A - Operational Forces.
(B) SAG 1A3A - Depot Maintenance.
(C) SAG 1B1B - Field Logistics.
(D) SAG BSS1 - Base Operating Support.
(4) For the Air Force:
(A) SAG 011A - Primary Combat Forces.
(B) SAG 011Y - Flying Hour Program.
(C) SAG 011Z - Base Support.
(D) SAG 021M - Depot Maintenance.
(b) Elements.--The annex required under subsection (a)
shall include the following elements:
(1) A summary by appropriation account with
subtotals for Department of Defense components.
(2) A summary of each appropriation account by
budget activity, activity group, and sub-activity group
with budget activity and activity group subtotals and
an appropriation total.
(3) A detailed sub-activity group by program
element and expense aggregate listing in budget
activity and activity group sequence.
(4) A rollup document by sub-activity group with
accompanying program element funding with the PB-61
program element tags included.
(5) A summary of each depot maintenance facility
with information on workload, work force, sources of
funding, and expenses similar to the exhibit on Mission
Funded Naval Shipyards included with the 2012 Navy
Budget Justification.
(6) A summary of contractor logistics support for
each program element, including a measure of workload
and unit cost.
(c) Formatting.--The annex required under subsection (a)
shall be formatted in accordance with relevant Department of
Defense financial management regulations that provide guidance
for budget submissions to Congress.
SEC. 348. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
(a) Required Transfer.--Not later than 90 days after the
date of the enactment of this Act, and subject to subsection
(c), the Secretary of the Army shall transfer to a suitable
organic facility all excess firearms, related spare parts and
components, small arms ammunition, and ammunition components
currently stored at Defense Distribution Depot, Anniston,
Alabama, that are no longer actively issued for military
service and that are otherwise prohibited from commercial sale,
or distribution, under Federal law.
(b) Repurposing and Reuse.--The items specified for
transfer under subsection (a) shall be melted and repurposed
for military use as determined by the Secretary of the Army,
including--
(1) the reforging of new firearms or their
components; and
(2) force protection barriers and security
bollards.
(c) Items Exempt From Transfer.--M-1 Garand, caliber .45
M1911/M1911A1 pistols, caliber .22 rimfire rifles, and such
additional items as designated by the Secretary in the annual
report required under subsection (d) are not subject to the
transfer requirement under subsection (a).
(d) Annual Report.--Not later than 5 days after the budget
of the President for a fiscal year is submitted to Congress
under section 1105 of title 31, United States Code, the
Secretary of the Army, in coordination with the Director of the
Defense Logistics Agency, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report specifying additional excess firearms, related spare
parts and components, small arms ammunition, and ammunition
components designated as no longer actively issued for military
service and that are otherwise prohibited from commercial sale,
or distribution, under Federal law. The Secretary of the Army
shall designate these items to either be added to the transfer
list for the purposes described under subsection (b) or the
list of items exempted under subsection (c). The report may not
include the redesignation or change in status of items
previously designated for transfer or exemption pursuant to
subsections (a) or (c).
(e) Actions Pursuant to Annual Report.--The Secretary of
the Army may not take any action to transfer items designated
in the report submitted under subsection (d) until the date of
the enactment of the National Defense Authorization Act for the
fiscal year following the year such report is submitted. Upon
enactment of such Act, the Secretary shall transfer or exempt
the items so designated.
SEC. 349. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS.
Section 40728 of title 36, United States Code, is amended
by adding at the end the following new subsection:
``(i) Authorized Navy Transfers.--(1) Notwithstanding
subsections (a) and (b), the Secretary of the Navy may transfer
to the corporation, in accordance with the procedures
prescribed in this subchapter, M-1 Garand and caliber .22
rimfire rifles held within the inventories of the United States
Navy and the United States Marine Corps and stored at Defense
Distribution Depot, Anniston, Alabama, or Naval Surface Warfare
Center, Crane, Indiana, as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2018.
``(2) The items specified for transfer under paragraph
(1)--
``(A) shall be used as awards for competitors in
marksmanship competitions held by the United States
Marine Corps or the United States Navy and may not be
resold; and
``(B) shall be rendered inoperable prior to award
and transfer to marksmanship competitors.''.
SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND SENSOR
OPERATOR AIRCREWS OF MQ-9 UNMANNED AERIAL VEHICLES.
(a) Contracts for Training.--Subject to subsection (c), the
Secretary of the Air Force may enter into one or more contracts
with appropriate civilian entities in order to provide flying
or operating training for Air National Guard pilots and sensor
operator aircrew members in the MQ-9 unmanned aerial vehicle if
the Secretary of the Air Force determines that--
(1) Air Force training units lack sufficient
capacity to train such pilots or sensor operator
aircrew members for initial qualification in the MQ-9
unmanned aerial vehicle;
(2) pilots or sensor operator aircrew members of
Air National Guard units require continuation training
in order to remain current and qualified in the MQ-9
unmanned aerial vehicle;
(3) non-combat continuation training in the MQ-9
unmanned aerial vehicle is necessary for such pilots or
sensor operator aircrew members to achieve required
levels of flying or operating proficiency; and
(4) such training for such pilots or sensor
operator aircrew members is necessary in order to meet
requirements for the Air National Guard to provide
pilots and sensor operator aircrew members qualified in
the MQ-9 unmanned aerial vehicle for operations on
active duty and in State status.
(b) Nature of Training Under Contracts.--Any training
provided pursuant to a contract under subsection (a) shall
incorporate a level of instruction that is equivalent to the
instruction in the MQ-9 unmanned aerial vehicle provided to
pilots and sensor operator aircrew members at Air Force
training units, as determined by the Secretary of the Air
Force.
(c) Authority Contingent on Certification and Notice and
Wait Period.--The Secretary of the Air Force may not use the
authority in subsection (a) unless and until the Secretary of
the Air Force certifies to the congressional defense committees
in writing, 90 days in advance of executing such authority
provided in subsection (a), that the use of the authority is
necessary to provide required flying or operating training for
Air National Guard pilots and sensor operator aircrew members
in the MQ-9 unmanned aerial vehicle.
SEC. 351. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE RESPONSE.
The Secretary of the Army and the Secretary of the Air
Force may, in consultation with the Chief of the National Guard
Bureau, provide support for training of appropriate personnel
of the National Guard on wildfire response and prevention, with
preference given to military installations with the highest
wildfire suppression need.
SEC. 352. MODIFICATION OF THE SECOND DIVISION MEMORIAL.
(a) Authorization.--The Second Indianhead Division
Association, Inc., Scholarship and Memorials Foundation, an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code, may place additional commemorative
elements or engravings on the raised platform or stone work of
the existing Second Division Memorial located in President's
Park, between 17th Street Northwest and Constitution Avenue in
the District of Columbia, to further honor the members of the
Second Infantry Division who have given their lives in service
to the United States.
(b) Application of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall apply to the design and
placement of the commemorative elements or engravings
authorized under subsection (a).
(c) Funding.--Federal funds may not be used for
modifications of the Second Division Memorial authorized under
subsection (a).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2018 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2018, as follows:
(1) The Army, 483,500.
(2) The Navy, 327,900.
(3) The Marine Corps, 186,000.
(4) The Air Force, 325,100.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 483,500.
``(2) For the Navy, 327,900.
``(3) For the Marine Corps, 186,000.
``(4) For the Air Force, 325,100.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2018, as follows:
(1) The Army National Guard of the United States,
343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States,
106,600.
(6) The Air Force Reserve, 69,800.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units
and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2018, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
30,155.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,101.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
16,260.
(6) The Air Force Reserve, 3,588.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2018 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United
States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United
States, 19,135.
(4) For the Air Force Reserve, 8,880.
SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--The number of non-dual status
technicians employed by the National Guard as of
September 30, 2018, may not exceed the following:
(A) For the Army National Guard of the
United States, 0.
(B) For the Air National Guard of the
United States, 0.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of
September 30, 2018, may not exceed 0.
(3) Air force reserve.--The number of non-dual
status technicians employed by the Air Force Reserve as
of September 30, 2018, may not exceed 0.
(b) Non-dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2018, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States,
17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULL-TIME DUTY IN
SUPPORT OF THE RESERVES WITHIN THE NATIONAL GUARD
BUREAU.
(a) Army National Guard of the United States.--As of the
end of fiscal year 2019, and as of the end of each fiscal year
thereafter, the number of members of the Army National Guard of
the United States serving with the National Guard Bureau on
full-time duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components may
not exceed the number equal to six percent of the total number
of members of the Army National Guard of the United States
authorized for service on full-time duty for that purpose in
that fiscal year.
(b) Air National Guard of the United States.--As of the end
of fiscal year 2019, and as of the end of each fiscal year
thereafter, the number of members of the Air National Guard of
the United States serving with the National Guard Bureau on
full-time duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components may
not exceed the number equal to six percent of the total number
of members of the Air National Guard of the United States
authorized for service on full-time duty for that purpose in
that fiscal year.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2018 for the use
of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for,
for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2018.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF DEADLINE FOR SUBMITTAL BY OFFICERS OF WRITTEN
COMMUNICATIONS TO PROMOTION SELECTION BOARDS ON
MATTERS OF IMPORTANCE TO THEIR SELECTION.
(a) Officers on Active-duty List.--Section 614(b) of title
10, United States Code, is amended by striking ``the day'' and
inserting ``10 calendar days''.
(b) Officers in Reserve Active-status.--Section 14106 of
title 10, United States Code, is amended in the second sentence
by striking ``the day'' and inserting ``10 calendar days''.
(c) Application of Amendments.--The amendments made by this
section shall apply with respect to promotion selection boards
convened on or after the date of the enactment of this Act.
SEC. 502. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS FROM LIST
OF OFFICERS RECOMMENDED FOR PROMOTION AFTER 18
MONTHS WITHOUT APPOINTMENT.
Section 629(c)(3) of title 10, United States Code, is
amended by striking ``the Senate is not able to obtain the
information necessary'' and inserting ``the military department
concerned is not able to obtain and provide to the Senate the
information the Senate requires''.
SEC. 503. MODIFICATION OF REQUIREMENT FOR SPECIFICATION OF NUMBER OF
OFFICERS WHO MAY BE RECOMMENDED FOR EARLY
RETIREMENT BY A SELECTIVE EARLY RETIREMENT BOARD.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (1)
and inserting the following new paragraph:
``(1) In the case of an action under subsection (b)(2), the
total number of officers described in that subsection that a
selection board convened under section 611(b) of this title
pursuant to the authority of that subsection may recommend for
early retirement may not be more than 30 percent of the number
of officers considered in each grade in each competitive
category.''; and
(2) in subsection (d), by striking paragraph (2)
and inserting the following new paragraph:
``(2) The total number of officers to be recommended for
discharge by a selection board convened pursuant to subsection
(b)(3) may not be more than 30 percent of the number of
officers considered.''.
SEC. 504. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR VOLUNTARY
RETIREMENT OF CERTAIN GENERAL AND FLAG OFFICERS FOR
PURPOSES OF ENHANCED FLEXIBILITY IN OFFICER
PERSONNEL MANAGEMENT.
Section 1370(a)(2)(G) of title 10, United States Code, is
amended by striking ``2017'' and inserting ``2025''.
SEC. 505. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE ASSISTANT
SECRETARY OF THE ARMY FOR ACQUISITION, TECHNOLOGY,
AND LOGISTICS AMONG OFFICERS SUBJECT TO REPEAL OF
STATUTORY SPECIFICATION OF GENERAL OFFICER GRADE.
Section 3016(b)(5)(B) of title 10, United States Code, is
amended by striking ``a lieutenant general'' and inserting ``an
officer''.
SEC. 506. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY SPECIFICATION
OF GENERAL OR FLAG OFFICER GRADE FOR VARIOUS
POSITIONS IN THE ARMED FORCES.
(a) Retention of Grade of Incumbents in Positions on
Effective Date.--
(1) In general.--Section 502 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2102) is amended by adding at
the end the following new subsection:
``(tt) Retention of Grade of Incumbents in Positions on
Effective Date.--The grade of service of an officer serving as
of the date of the enactment of this Act in a position whose
statutory grade is affected by an amendment made by this
section may not be reduced after that date by reason of such
amendment as long as the officer remains in continuous service
in such position after that date.''.
(2) Retroactive effective date.--The amendment made
by paragraph (1) shall take effect as of December 23,
2016, and be treated as if included in the enactment of
the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328).
(b) Clarifying Amendment to Chief of Veterinary Corps of
the Army Repeal.--Section 3084 of title 10, United States Code,
is amended by striking the last sentence.
SEC. 507. STANDARDIZATION OF AUTHORITIES IN CONNECTION WITH REPEAL OF
STATUTORY SPECIFICATION OF GENERAL OFFICER GRADE
FOR THE DEAN OF THE ACADEMIC BOARD OF THE UNITED
STATES MILITARY ACADEMY AND THE DEAN OF THE FACULTY
OF THE UNITED STATES AIR FORCE ACADEMY.
(a) Dean of Academic Board of Military Academy.--Section
4335(c) of title 10, United States Code, is amended--
(1) by striking the first and third sentences; and
(2) in the remaining sentence, by striking ``so
appointed'' and inserting ``appointed as Dean of the
Academic Board''.
(b) Dean of Faculty of Air Force Academy.--Section 9335(b)
of title 10, United States Code, is amended by striking ``so
appointed'' and inserting ``appointed as Dean of the Faculty''.
SEC. 508. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS OF STAFF
JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE
CORPS AND DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY
OR AIR FORCE.
(a) Staff Judge Advocate to Commandant of the Marine
Corps.--Section 5046(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Staff Judge
Advocate, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Marine Corps
require the waiver.''.
(b) Deputy Judge Advocate General of the Navy.--Section
5149(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Deputy Judge
Advocate General, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Navy require
the waiver.''.
(c) Deputy Judge Advocate of the Air Force.--Section
8037(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the Secretary of the Air Force elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Deputy Judge
Advocate General, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Air Force
require the waiver.''.
SEC. 509. GRANDFATHERING OF RETIRED GRADE OF ASSISTANT JUDGE ADVOCATES
GENERAL OF THE NAVY AS OF REPEAL OF STATUTORY
SPECIFICATION OF GENERAL AND FLAG OFFICERS GRADES
IN THE ARMED FORCES.
(a) In General.--Notwithstanding the amendments made by
section 502(gg)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2105), an
officer selected to hold a position specified in subsection (b)
as of December 23, 2016, may be retired after that date in the
grade of rear admiral (lower half) or brigadier general, as
applicable, with the retired pay of such grade (unless entitled
to higher pay under another provision of law).
(b) Specified Positions.--Subsection (a) applies with
respect to the Assistant Judge Advocates General of the Navy
provided for by subsections (b) and (c) of section 5149 of
title 10, United States Code.
Subtitle B--Reserve Component Management
SEC. 511. EQUAL TREATMENT OF ORDERS TO SERVE ON ACTIVE DUTY UNDER
SECTIONS 12304A AND 12304B OF TITLE 10, UNITED
STATES CODE.
(a) Eligibility of Reserve Component Members for Pre-
mobilization Health Care.--Section 1074(d)(2) of title 10,
United States Code, is amended by striking ``in support of a
contingency operation under'' and inserting ``under section
12304b of this title or''.
(b) Eligibility of Reserve Component Members for
Transitional Health Care.--Section 1145(a)(2)(B) of title 10,
United States Code, is amended by striking ``in support of a
contingency operation'' and inserting ``under section 12304b of
this title or a provision of law referred to in section
101(a)(13)(B) of this title''.
SEC. 512. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR ADVANCED
EDUCATION UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) Original Appointment as a Reserve Officer.--Section
12207 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``or (e)''
after ``subsection (b)'';
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) Under regulations prescribed by the Secretary of
Defense, if the Secretary of a military department determines
that the number of commissioned officers with cyberspace-
related experience or advanced education in reserve active-
status in an armed force under the jurisdiction of such
Secretary is critically below the number needed, such Secretary
may credit any person receiving an original appointment as a
reserve commissioned officer with a period of constructive
service for the following:
``(A) Special experience or training in a
particular cyberspace-related field if such experience
or training is directly related to the operational
needs of the armed force concerned.
``(B) Any period of advanced education in a
cyberspace-related field beyond the baccalaureate
degree level if such advanced education is directly
related to the operational needs of the armed force
concerned.
``(2) Constructive service credited an officer under this
subsection shall not exceed one year for each year of special
experience, training, or advanced education, and not more than
three years total constructive service may be credited.
``(3) Constructive service credited an officer under this
subsection is in addition to any service credited that officer
under subsection (a) and shall be credited at the time of the
original appointment of the officer.
``(4) The authority to award constructive service credit
under this subsection expires on December 31, 2023.''; and
(4) in subsection (f), as redesignated by paragraph
(2), by striking ``or (d)'' and inserting ``, (d), or
(e)''.
(b) Extension of Authority in Connection With Original
Appointment of Regular Officers.--Section 533(g)(4) of title
10, United States Code, is amended by striking ``December 31,
2018'' and inserting ``December 31, 2023''.
SEC. 513. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES TO PERFORM DUTY.
Section 515 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 810) is
amended--
(1) in the second sentence of subsection (b), by
striking ``such legislation as would be necessary to
amend titles 10, 14, 32, and 37 of the United States
Code and other provisions of law in order to implement
the Secretary's approach by October 1, 2018'' and
inserting ``legislation implementing the alternate
approach by April 30, 2019''; and
(2) by adding at the end the following new
subsection:
``(c) Attributes of Alternate Approach.--The Secretary of
Defense shall ensure the alternate approach described in
subsection (b)--
``(1) reduces the number of statutory authorities
by which members of the reserve components of the Armed
Forces may be ordered to perform duty to not more than
8 statutory authorities grouped into 4 duty categories
to which specific pay and benefits may be aligned,
which categories shall include--
``(A) one duty category that shall
generally reflect active service performed in
support of contingency type operations or other
military actions in support of the commander of
a combatant command;
``(B) a second duty category that shall--
``(i) generally reflect active
service not described in subparagraph
(A); and
``(ii) consist of training,
administration, operational support,
and full-time support of the reserve
components;
``(C) a third duty category that shall--
``(i) generally reflect duty
performed under direct military
supervision while not in active
service; and
``(ii) include duty characterized
by partial-day service; and
``(D) a fourth duty category that shall--
``(i) generally reflect remote duty
completed while not under direct
military supervision; and
``(ii) include completion of
correspondence courses and telework;
``(2) distinguishes among duty performed under
titles 10, 14, and 32, United States Code, and ensures
that the reasons the members of the reserve components
are utilized under the statutory authorities which
exist prior to the alternate approach are preserved and
can be tracked as separate and distinct purposes;
``(3) minimizes, to the maximum extent practicable,
disruptions in pay and benefits for members, and
adheres to the principle that a member should receive
pay and benefits commensurate with the nature and
performance of the member's duties;
``(4) ensures the Secretary has the flexibility to
meet emerging requirements and to effectively manage
the force; and
``(5) aligns Department of Defense programming and
budgeting to the types of duty members perform.''.
SEC. 514. PILOT PROGRAM ON USE OF RETIRED SENIOR ENLISTED MEMBERS OF
THE ARMY NATIONAL GUARD AS ARMY NATIONAL GUARD
RECRUITERS.
(a) Pilot Program Authorized.--The Secretary of the Army
may carry out a pilot program for the Army National Guard under
which retired senior enlisted members of the Army National
Guard would serve as contract recruiters for the Army National
Guard.
(b) Objectives of Pilot Program.--The Secretary of the Army
shall design any pilot program conducted under this section to
determine the following:
(1) The feasibility and effectiveness of hiring
retired senior enlisted members of the Army National
Guard who have retired within the previous two years to
serve as recruiters.
(2) The merits of hiring such retired senior
enlisted members as contractors or as employees of the
Department of Defense.
(3) The best method of providing a competitive
compensation package for such retired senior enlisted
members.
(4) The merits of requiring such retired senior
enlisted members to wear a military uniform while
performing recruiting duties under the pilot program.
(c) Consultation.--In developing a pilot program under this
section, the Secretary of the Army shall consult with the
operators of a previous pilot program carried out by the Army
involving the use of contract recruiters.
(d) Commencement and Duration.--The Secretary of the Army
may commence a pilot program under this section on or after
January 1, 2018, and all activities under such a pilot program
shall terminate no later than December 31, 2020.
(e) Funding Source.--If a pilot program is conducted under
this section, the Secretary of the Army shall use funds
otherwise available for the National Guard Bureau to carry out
the program.
(f) Reporting Requirement.--If a pilot program is conducted
under this section, the Secretary of the Army shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing an
evaluation of the success of the pilot program, including the
determinations described in subsection (b). The report shall be
submitted not later than January 1, 2019.
Subtitle C--General Service Authorities
PART I--MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY
RECORDS
SEC. 520. CONSIDERATION OF ADDITIONAL MEDICAL EVIDENCE BY BOARDS FOR
THE CORRECTION OF MILITARY RECORDS AND LIBERAL
CONSIDERATION OF EVIDENCE RELATING TO POST-
TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
INJURY.
(a) In General.--Section 1552 of title 10, United States
Code, is amended--
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h)(1) This subsection applies to a former member of the
armed forces whose claim under this section for review of a
discharge or dismissal is based in whole or in part on matters
relating to post-traumatic stress disorder or traumatic brain
injury as supporting rationale, or as justification for
priority consideration, and whose post-traumatic stress
disorder or traumatic brain injury is related to combat or
military sexual trauma, as determined by the Secretary
concerned.
``(2) In the case of a claimant described in paragraph (1),
a board established under subsection (a)(1) shall--
``(A) review medical evidence of the Secretary of
Veterans Affairs or a civilian health care provider
that is presented by the claimant; and
``(B) review the claim with liberal consideration
to the claimant that post-traumatic stress disorder or
traumatic brain injury potentially contributed to the
circumstances resulting in the discharge or dismissal
or to the original characterization of the claimant's
discharge or dismissal.''.
(b) Conforming Amendment.--Section 1553(d)(3)(A)(ii) of
title 10, United States Code, is amended by striking
``discharge of a lesser characterization'' and inserting
``discharge or dismissal or to the original characterization of
the member's discharge or dismissal''.
SEC. 521. PUBLIC AVAILABILITY OF INFORMATION RELATED TO DISPOSITION OF
CLAIMS REGARDING DISCHARGE OR RELEASE OF MEMBERS OF
THE ARMED FORCES WHEN THE CLAIMS INVOLVE SEXUAL
ASSAULT.
(a) Boards for the Correction of Military Records.--
Subsection (i) of section 1552 of title 10, United States Code,
as redesignated by section 520(a)(1), is amended by adding at
the end the following new paragraph:
``(4) The number and disposition of claims decided
during the calendar quarter preceding the calendar
quarter in which such information is made available in
which sexual assault is alleged to have contributed,
whether in whole or in part, to the original
characterization of the discharge or release of the
former member.''.
(b) Discharge Review Boards.--Section 1553(f) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The number and disposition of claims decided
during the calendar quarter preceding the calendar
quarter in which such information is made available in
which sexual assault is alleged to have contributed,
whether in whole or in part, to the original
characterization of the discharge or release of the
former member.''.
(c) Conforming Amendments.--
(1) Boards for the correction of military
records.--Subsection (i) of section 1552 of title 10,
United States Code, as redesignated by section
520(a)(1) and amended by subsection (a), is further
amended--
(A) in paragraph (1), by striking
``claimant'' both places it appears and
inserting ``former member'';
(B) in paragraph (2), by striking
``claimant'' and inserting ``former member'';
and
(C) in paragraph (3), by striking
``claimants'' and inserting ``former members''.
(2) Discharge review boards.--Section 1553(f)(2) of
title 10, United States Code, is amended by striking
``claimant'' and inserting ``former member''.
SEC. 522. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF DISCHARGE
OF MEMBERS WHO ARE VICTIMS OF SEX-RELATED OFFENSES.
(a) Codification of Current Confidential Process.--
(1) Codification.--Chapter 79 of title 10, United
States Code, is amended by inserting after section
1554a a new section 1554b consisting of--
(A) a heading as follows:
``Sec. 1554b. Confidential review of characterization of terms of
discharge of members of the armed forces who are
victims of sex-related offenses''; and
(B) a text consisting of the text of
section 547 of the National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 1553 note).
(2) Clerical amendment.--The table of sections at
the beginning of chapter 79 of such title is amended by
inserting after the item relating to section 1554a the
following new item:
``1554b. Confidential review of characterization of terms of discharge
of members of the armed forces who are victims of sex-related
offenses.''.
(3) Conforming repeal.--Section 547 of the National
Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 1553 note) is repealed.
(b) Clarification of Applicability to Individuals Who
Allege Sex-related Offenses During Military Service.--
Subsection (a) of section 1554b of title 10, United States
Code, as added by subsection (a) of this section, is amended by
striking ``sex-related offense'' and inserting the following:
``sex-related offense, or alleges that the individual was the
victim of a sex-related offense,''.
(c) Conforming Amendments.--Section 1554b of title 10,
United States Code, as added by subsection (a), is further
amended--
(1) by striking ``Armed Forces'' each place it
appears in subsections (a) and (b) and inserting
``armed forces'';
(2) in subsection (a)--
(A) by striking ``boards for the correction
of military records of the military department
concerned'' and inserting ``boards of the
military department concerned established in
accordance with this chapter''; and
(B) by striking ``such an offense'' and
inserting ``a sex-related offense'';
(3) in subsection (b), striking ``boards for the
correction of military records'' in the matter
preceding paragraph (1) and inserting ``boards of the
military department concerned established in accordance
with this chapter''; and
(4) in subsection (d)--
(B) in paragraph (1), by striking ``title
10, United States Code'' and inserting ``this
title''; and
(C) in paragraphs (2) and (3), by striking
``such title'' and inserting ``this title''.
SEC. 523. TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS FOR THE
CORRECTION OF MILITARY RECORDS AND PERSONNEL WHO
INVESTIGATE CLAIMS OF RETALIATION.
(a) Members of Boards for the Correction of Military
Records.--Section 534(c)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 1552 note) is amended by adding at the end the following
new sentence: ``This curriculum shall also address the proper
handling of claims in which a sex-related offense is alleged to
have contributed to the original characterization of the
discharge or release of the claimant, including guidelines for
the consideration of evidence substantiating such allegations
in accordance with the requirements of section 1554b(b) of
title 10, United States Code, as added by section 522 of the
National Defense Authorization Act for Fiscal Year 2018.''.
(b) Department of Defense Personnel Who Investigate Claims
of Retaliation.--Section 546(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended by striking ``section.'' and inserting ``section,
including guidelines for the consideration of evidence
substantiating such allegations in accordance with the
requirements of section 1554b(b) of title 10, United States
Code, as added by section 522 of the National Defense
Authorization Act for Fiscal Year 2018.''.
SEC. 524. PILOT PROGRAM ON USE OF VIDEO TELECONFERENCING TECHNOLOGY BY
BOARDS FOR THE CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program under which boards for the correction
of military records established under section 1552 of title 10,
United States Code, and discharge review boards established
under section 1553 of such title are authorized to utilize, in
the performance of their duties, video teleconferencing
technology, to the extent such technology is reasonably
available and technically feasible.
(b) Purpose.--The purpose of the pilot program is to
evaluate the feasibility and cost-effectiveness of utilizing
video teleconferencing technology to allow persons who raise a
claim before a board for the correction of military records,
persons who request a review by a discharge review board, and
witnesses who present evidence to such a board to appear before
such a board without being physically present.
(c) Implementation.--As part of the pilot program, the
Secretary of Defense shall make funds available to develop the
capabilities of boards for the correction of military records
and discharge review boards to effectively use video
teleconferencing technology.
(d) No Expansion of Eligibility.--Nothing in the pilot
program is intended to alter the eligibility criteria of
persons who may raise a claim before a board for the correction
of military records, request a review by a discharge review
board, or present evidence to such a board.
(e) Termination.--The authority of the Secretary of Defense
to carry out the pilot program shall terminate on December 31,
2020.
PART II--OTHER GENERAL SERVICE AUTHORITIES
SEC. 526. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR ENLISTMENT
IN THE ARMED FORCES UNDER THE DELAYED ENTRY
PROGRAM.
Section 513(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4)
and, in such paragraph, by striking ``paragraph (1)''
and inserting ``this subsection'';
(2) by designating the second sentence of paragraph
(1) as paragraph (2) and indenting the left margin of
such paragraph (2) two ems to the right;
(3) in paragraph (2), as so designated, by
inserting ``described in paragraph (1)'' after ``the
365-day period''; and
(4) by inserting after paragraph (2), as so
designated, the following new paragraph (3):
``(3)(A) The Secretary concerned may extend by up to an
additional 365 days the period of extension under paragraph (2)
for a person who enlisted before October 1, 2017, under section
504(b)(2) of this title if the Secretary determines that the
period of extension under this paragraph is required for the
performance of adequate background and security reviews of that
person.
``(B) A person whose period of extension under paragraph
(2) is extended under this paragraph shall undergo all security
and suitability screening requirements and receive a favorable
military security suitability determination before entering
into service in a regular or reserve component. Screening
priority shall be given to those persons who were enlisted for
a military occupational specialty that requires specialized
language or medical skills that are vital to the national
interest.
``(C) The authority to make an extension under this
paragraph shall expire one year after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2018.
The expiration of such authority shall not effect the validity
of any extension made in accordance with this paragraph on or
before that date.''.
SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY
ASSIGNMENTS.
Section 688a(f) of title 10, United States Code, is amended
by striking ``after December 31, 2011.'' and inserting
``outside a period as follows:
``(1) The period beginning on December 2, 2002, and
ending on December 31, 2011.
``(2) The period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2018 and ending on December 31, 2022.''.
SEC. 528. NOTIFICATION OF MEMBERS OF THE ARMED FORCES UNDERGOING
CERTAIN ADMINISTRATIVE SEPARATIONS OF POTENTIAL
ELIGIBILITY FOR VETERANS BENEFITS.
(a) Notification Required.--A member of the Armed Forces
who receives an administrative separation or mandatory
discharge under conditions other than honorable shall be
provided written notification that the member may petition the
Veterans Benefits Administration of the Department of Veterans
Affairs to receive, despite the characterization of the
member's service, certain benefits under the laws administered
by the Secretary of Veterans Affairs.
(b) Deadline for Notification.--Notification under
subsection (a) shall be provided to a member described in such
subsection in conjunction with the member's notification of the
administrative separation or mandatory discharge or as soon
thereafter as practicable.
SEC. 529. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS
TO PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
SEC. 530. PROVISION OF INFORMATION ON NATURALIZATION THROUGH MILITARY
SERVICE.
The Secretary of Defense shall ensure that members of the
Army, Navy, Air Force, and Marine Corps who are aliens lawfully
admitted to the United States for permanent residence are
informed of the availability of naturalization through service
in the Armed Forces under section 328 of the Immigration and
Nationality Act (8 U.S.C. 1439) and the process by which to
pursue naturalization. The Secretary shall ensure that
resources are available to assist qualified members of the
Armed Forces to navigate the application and naturalization
process.
Subtitle D--Military Justice and Other Legal Issues
SEC. 531. CLARIFYING AMENDMENTS RELATED TO THE UNIFORM CODE OF MILITARY
JUSTICE REFORM BY THE MILITARY JUSTICE ACT OF 2016.
(a) Enforcement of Rights of Victims of Offenses Under
UCMJ.--Section 806b(e)(3) of title 10, United States Code
(article 6b(e)(3) of the Uniform Code of Military Justice), is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``President, and, to the extent
practicable, shall have priority over all other
proceedings before the court.'' and inserting the
following; ``President, subject to section 830a of this
title (article 30a).''; and
(3) by adding at the end the following new
subparagraphs:
``(B) To the extent practicable, a petition for a writ of
mandamus described in this subsection shall have priority over
all other proceedings before the Court of Criminal Appeals.
``(C) Review of any decision of the Court of Criminal
Appeals on a petition for a writ of mandamus described in this
subsection shall have priority in the Court of Appeals for the
Armed Forces, as determined under the rules of the Court of
Appeals for the Armed Forces.''.
(b) Review of Certain Matters Before Referral of Charges
and Specifications.--Subsection (a)(1) of section 830a of title
10, United States Code (article 30a of the Uniform Code of
Military Justice), as added by section 5202 of the Military
Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2904), is amended--
(1) in the matter preceding subparagraph (A), by
inserting ``, or otherwise act on,'' after ``to
review''; and
(2) by adding at the end the following new
subparagraph:
``(D) Pre-referral matters under subsection (c) or
(e) of section 806b of this title (article 6b).''.
(c) Defense Counsel Assistance in Post-trial Matters for
Accused Convicted by Court-martial.--Section 838(c)(2) of title
10, United States Code (article 38(c)(2) of the Uniform Code of
Military Justice), is amended by striking ``section 860 of this
title (article 60)'' and inserting ``section 860, 860a, or 860b
of this title (article 60, 60a, or 60b)''.
(d) Limitation on Acceptance of Plea Agreements.--Section
853a of title 10, United States Code (article 53a of the
Uniform Code of Military Justice), as added by section 5237 of
the Military Justice Act of 2016 (division E of Public Law 114-
328; 130 Stat. 2917), is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or''
after the semicolon;
(B) in paragraph (3), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) is prohibited by law; or
``(5) is contrary to, or is inconsistent with, a
regulation prescribed by the President with respect to
terms, conditions, or other aspects of plea
agreements.''; and
(2) in subsection (d), by striking ``shall bind the
parties and the military judge'' and inserting ``shall
bind the parties and the court-martial''.
(e) Applicability of Standards and Procedures to Sentence
Appeal by the United States.--Subsection (d)(1) of section 856
of title 10, United States Code (article 56 of the Uniform Code
of Military Justice), as added by section 5301 of the Military
Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2919), is amended--
(1) in the matter preceding subparagraph (A), by
inserting after ``concerned,'' the following: ``and
consistent with standards and procedures set forth in
regulations prescribed by the President,''; and
(2) in subparagraph (B), by inserting before the
period at the end the following: ``, as determined in
accordance with standards and procedures prescribed by
the President''.
(f) Sentence of Reduction in Enlisted Grade.--
(1) In general.--Subsection (a) of section 858a of
title 10, United States Code (article 58a of the
Uniform Code of Military Justice), as amended by
section 5303(1) of the Military Justice Act of 2016
(division E of Public Law 114-328; 130 Stat. 2923), is
further amended in the matter after paragraph (3) by
striking ``, effective on the date'' and inserting the
following: ``, if such a reduction is authorized by
regulation prescribed by the President. The reduction
in pay grade shall take effect on the date''.
(2) Section heading.--The heading of section 858a
of title 10, United States Code (article 58a of the
Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 858a. Art. 58a. Sentences: reduction in enlisted grade''.
(3) Clerical amendment.--The table of sections at
the beginning of subchapter VIII of chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by striking the item relating to
section 858a (article 58a) and inserting the following
new item:
``858a. 58a. Sentences: reduction in enlisted grade.''.
(g) Convening Authority Authorities.--Section 858b(b) of
title 10, United States Code (article 58b(b) of the Uniform
Code of Military Justice), is amended in the first sentence by
striking ``section 860 of this title (article 60)'' and
inserting ``section 860a or 860b of this title (article 60a or
60b)''.
(h) Appeal by the United States.--Section 862(b) of title
10, United States Code (article 62(b) of the Uniform Code of
Military Justice), is amended by striking ``, notwithstanding
section 866(c) of this title (article 66(c))''.
(i) Rehearing and Sentencing.--Subsection (b) of section
863 of title 10, United States Code (article 63 of the Uniform
Code of Military Justice), as added by section 5327 of the
Military Justice Act of 2016 (division E of Public Law 114-328;
130 Stat. 2929), is amended by inserting before the period at
the end the following: ``, subject to such limitations as the
President may prescribe by regulation''.
(j) Courts of Criminal Appeals.--Section 866 of title 10,
United States Code (article 66 of the Uniform Code of Military
Justice), as amended by section 5330 of the Military Justice
Act of 2016 (division E of Public Law 114-328; 130 Stat. 2932),
is further amended--
(1) in subsection (e)(2)(C), by inserting after
``required'' the following: ``by regulation prescribed
by the President or''; and
(2) in subsection (f)(3)--
(A) by inserting ``of Criminal Appeals''
after ``Court'' the first time it appears; and
(B) by adding at the end the following new
sentence: ``If the Court of Appeals for the
Armed Forces determines that additional
proceedings are warranted, the Court of
Criminal Appeals shall order a hearing or other
proceeding in accordance with the direction of
the Court of Appeals for the Armed Forces.''.
(k) Military Justice Review Panel.--Subsection (f) of
section 946 of title 10, United States Code (article 146 of the
Uniform Code of Military Justice), as added by section 5521 of
the Military Justice Act of 2016 (division E of Public Law 114-
328; 130 Stat. 2962), is amended--
(1) in paragraph (1), by striking ``fiscal year
2020'' in the first sentence and inserting ``fiscal
year 2021'';
(2) in paragraph (2), by striking the sentence
beginning ``Not later than'' and inserting the
following new sentence: ``The analysis under this
paragraph shall be included in the assessment required
by paragraph (1).''; and
(3) by striking paragraph (5) and inserting the
following new paragraph (5):
``(5) Reports.--With respect to each review and
assessment under this subsection, the Panel shall
submit a report to the Committees on Armed Services of
the Senate and the House of Representatives. Each
report--
``(A) shall set forth the results of the
review and assessment concerned, including the
findings and recommendations of the Panel; and
``(B) shall be submitted not later than
December 31 of the calendar year in which the
review and assessment is concluded.''.
(l) Transitional Compensation for Dependents of Members
Separated for Dependent Abuse.--Section 1059(e) of title 10,
United States Code, is amended--
(1) in paragraph (1)(A)(ii), by striking ``the
approval of'' and all that follows through ``as
approved,'' and inserting ``entry of judgment under
section 860c of this title (article 60c of the Uniform
Code of Military Justice) if the sentence''; and
(2) in paragraph (3)(A), by striking ``by a court-
martial'' the second place it appears and all that
follows through ``include any such punishment,'' and
inserting ``for a dependent-abuse offense and the
conviction is disapproved or is otherwise not part of
the judgment under section 860c of this title (article
60c of the Uniform Code of Military Justice) or the
punishment is disapproved or is otherwise not part of
the judgment under such section (article),''.
(m) Benefits for Dependents Who Are Victims of Abuse by
Members Losing Right to Retired Pay.--Section 1408(h)(10)(A) of
title 10, United States Code, is amended by striking ``the
approval'' and all that follows through the end of the
subparagraph and inserting ``entry of judgment under section
860c of this title (article 60c of the Uniform Code of Military
Justice).''.
(n) Treatment of Certain Offenses Pending Execution of
Military Justice Act of 2016 Amendments.--
(1) Applicability to certain cases.--Section
5542(c)(1) of the Military Justice Act of 2016
(division E of Public Law 114-328; 130 Stat. 2967) is
amended by inserting after ``shall apply to a case in
which'' the following: ``a specification alleges the
commission, before the effective date of such
amendments, of one or more offenses or to a case in
which''.
(2) Child abuse offenses.--With respect to offenses
committed before the date designated by the President
under section 5542(a) of the Military Justice Act of
2016 (division E of Public Law 114-328; 130 Stat.
2967), subsection (b)(2)(B) of section 843 of title 10,
United States Code (article 43 of the Uniform Code of
Military Justice), shall be applied as in effect on
December 22, 2016.
(3) Fraudulent enlistment or appointment
offenses.--With respect to the period beginning on
December 23, 2016, and ending on the day before the
date designated by the President under section 5542(a)
of the Military Justice Act of 2016 (division E of
Public Law 114-328; 130 Stat. 2967), in the application
of subsection (h) of section 843 of title 10, United
States Code (article 43 of the Uniform Code of Military
Justice), as added by section 5225(b) of that Act (130
Stat. 2909), the reference in such subsection (h) to
section 904a(1) of title 10, United States Code
(article 104a(1) of the Uniform Code of Military
Justice), shall be deemed to be a reference to section
883(1) of title 10, United States Code (article 83(1)
of the Uniform Code of Military Justice).
(o) Sentencing in Certain Transitional Cases.--
(1) In general.--In any transition-period court-
martial, the relevant sentencing sections of chapter 47
of title 10, United States Code (the Uniform Code of
Military Justice), shall be applied as follows:
(A) Except as provided in subparagraph (B),
the relevant sentencing sections shall be
applied as if the amendments to such sections
made by the Military Justice Act of 2016
(division E of Public Law 114-328) and this
section had not been enacted.
(B) If the accused so requests, the
relevant sentencing sections shall be applied
as amended by the Military Justice Act of 2016
(division E of Public Law 114-328) and this
section.
(2) Definitions.--In this subsection:
(A) Transition-period court-martial.--The
term ``transition-period court-martial'' means
a court-martial under chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice), that consists of both of the
following:
(i) A prosecution of one or more
offenses committed before the date
designated by the President under
section 5542(a) of the Military Justice
Act of 2016 (division E of Public Law
114-328; 130 Stat. 2967).
(ii) A prosecution of one or more
offenses committed on or after that
date.
(B) Relevant sentencing sections.--The term
``relevant sentencing sections'' means section
856 of title 10, United States Code (article 56
of the Uniform Code of Military Justice), and
any other sections (articles) of chapter 47 of
title 10, United States Code (the Uniform Code
of Military Justice), that, by regulation
prescribed by the President, are designated as
relevant to sentencing for the purposes of
paragraph (1).
(p) Effective Date.--The amendments made by this section
shall take effect immediately after the amendments made by the
Military Justice Act of 2016 (division E of Public Law 114-328)
take effect as provided for in section 5542 of that Act (130
Stat. 2967).
SEC. 532. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-
MARTIAL AND RELATED MATTERS.
(a) Additional Element in Program for Effective Prosecution
and Defense.--Section 542(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 827 note) is amended by inserting before the semicolon
the following: ``or there is adequate supervision and oversight
of trial counsel and defense counsel so detailed to ensure
effective prosecution and defense in the court-martial''.
(b) Use of Civilian Employees to Advise Less Experienced
Judge Advocates in Prosecution and Defense.--Section 542 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 827 note) is further amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Use of Civilian Employees to Advise Less Experienced
Judge Advocates in Prosecution and Defense.--The Secretary
concerned may use highly qualified experts and other civilian
employees who are under the jurisdiction of the Secretary
concerned, are available, and are experienced in the
prosecution or defense of complex criminal cases to provide
assistance to, and consult with, less experienced judge
advocates throughout the court-martial process.''.
(c) Pilot Programs on Professional Developmental Process
for Judge Advocates.--Subsection (d) of section 542 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 827 note), as redesignated by subsection
(b)(1) of this section, is amended--
(1) in paragraph (1), by striking ``establishing''
and all that follows and inserting ``a military justice
career track for judge advocates under the jurisdiction
of the Secretary.'';
(2) by redesignating paragraph (4) as paragraph
(5); and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Elements.--Each pilot program shall include
the following:
``(A) A military justice career track for
judge advocates that leads to judge advocates
with military justice expertise in the grade of
colonel, or in the grade of captain in the case
of judge advocates of the Navy.
``(B) The use of skill identifiers to
identify judge advocates for participation in
the pilot program from among judge advocates
having appropriate skill and experience in
military justice matters.
``(C) Guidance for promotion boards
considering the selection for promotion of
officers participating in the pilot program in
order to ensure that judge advocates who are
participating in the pilot program have the
same opportunity for promotion as all other
judge advocate officers being considered for
promotion by such boards.
``(D) Such other matters as the Secretary
concerned considers appropriate.''.
SEC. 533. PUNITIVE ARTICLE UNDER THE UNIFORM CODE OF MILITARY JUSTICE
ON WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE
VISUAL IMAGES OR VISUAL IMAGES OF SEXUALLY EXPLICIT
CONDUCT.
(a) Prohibition.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 917
(article 117 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of intimate
visual images
``(a) Prohibition.--Any person subject to this chapter--
``(1) who knowingly and wrongfully broadcasts or
distributes an intimate visual image of another person
or a visual image of sexually explicit conduct
involving a person who--
``(A) is at least 18 years of age at the
time the intimate visual image or visual image
of sexually explicit conduct was created;
``(B) is identifiable from the intimate
visual image or visual image of sexually
explicit conduct itself, or from information
displayed in connection with the intimate
visual image or visual image of sexually
explicit conduct; and
``(C) does not explicitly consent to the
broadcast or distribution of the intimate
visual image or visual image of sexually
explicit conduct;
``(2) who knows or reasonably should have known
that the intimate visual image or visual image of
sexually explicit conduct was made under circumstances
in which the person depicted in the intimate visual
image or visual image of sexually explicit conduct
retained a reasonable expectation of privacy regarding
any broadcast or distribution of the intimate visual
image or visual image of sexually explicit conduct;
``(3) who knows or reasonably should have known
that the broadcast or distribution of the intimate
visual image or visual image of sexually explicit
conduct is likely--
``(A) to cause harm, harassment,
intimidation, emotional distress, or financial
loss for the person depicted in the intimate
visual image or visual image of sexually
explicit conduct; or
``(B) to harm substantially the depicted
person with respect to that person's health,
safety, business, calling, career, financial
condition, reputation, or personal
relationships; and
``(4) whose conduct, under the circumstances, had a
reasonably direct and palpable connection to a military
mission or military environment,
is guilty of wrongful distribution of intimate visual images or
visual images of sexually explicit conduct and shall be
punished as a court-martial may direct.
``(b) Definitions.--In this section:
``(1) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent
that it be viewed by a person or persons.
``(2) Distribute.--The term `distribute' means to
deliver to the actual or constructive possession of
another person, including transmission by mail or
electronic means.
``(3) Intimate visual image.--The term `intimate
visual image' means a visual image that depicts a
private area of a person.
``(4) Private area.--The term `private area' means
the naked or underwear-clad genitalia, anus, buttocks,
or female areola or nipple.
``(5) Reasonable expectation of privacy.--The term
`reasonable expectation of privacy' means circumstances
in which a reasonable person would believe that a
private area of the person, or sexually explicit
conduct involving the person, would not be visible to
the public.
``(6) Sexually explicit conduct.--The term
`sexually explicit conduct' means actual or simulated
genital-genital contact, oral-genital contact, anal-
genital contact, or oral-anal contact, whether between
persons of the same or opposite sex, bestiality,
masturbation, or sadistic or masochistic abuse.
``(7) Visual image.--The term `visual image' means
the following:
``(A) Any developed or undeveloped
photograph, picture, film, or video.
``(B) Any digital or computer image,
picture, film, or video made by any means,
including those transmitted by any means,
including streaming media, even if not stored
in a permanent format.
``(C) Any digital or electronic data
capable of conversion into a visual image.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended
by inserting after the item relating to section 917 (article
117) the following new item:
``917a. 117a. Wrongful broadcast or distribution of intimate visual
images.''.
SEC. 534. GARNISHMENT TO SATISFY JUDGMENT RENDERED FOR PHYSICALLY,
SEXUALLY, OR EMOTIONALLY ABUSING A CHILD.
(a) Garnishment Authority.--Section 1408 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(l) Garnishment To Satisfy a Judgment Rendered for
Physically, Sexually, or Emotionally Abusing a Child.--(1)
Subject to paragraph (2), any payment of retired pay that would
otherwise be made to a member shall be paid (in whole or in
part) by the Secretary concerned to another person if and to
the extent expressly provided for in the terms of a child abuse
garnishment order.
``(2) A court order providing for the payment of child
support or alimony or, with respect to a division of property,
specifically providing for the payment of an amount of the
disposable retired pay from a member to the spouse or a former
spouse of the member, shall be given priority over a child
abuse garnishment order. The total amount of the disposable
retired pay of a member payable under a child abuse garnishment
order shall not exceed 25 percent of the member's disposable
retired pay.
``(3) In this subsection, the term `court order' includes a
child abuse garnishment order.
``(4) In this subsection, the term `child abuse garnishment
order' means a final decree issued by a court that--
``(A) is issued in accordance with the laws of the
jurisdiction of that court; and
``(B) provides in the nature of garnishment for the
enforcement of a judgment rendered against the member
for physically, sexually, or emotionally abusing a
child.
``(5) For purposes of this subsection, a judgment rendered
for physically, sexually, or emotionally abusing a child is any
legal claim perfected through a final enforceable judgment,
which claim is based in whole or in part upon the physical,
sexual, or emotional abuse of an individual under 18 years of
age, whether or not that abuse is accompanied by other
actionable wrongdoing, such as sexual exploitation or gross
negligence.
``(6) If the Secretary concerned is served with more than
one court order with respect to the retired pay of a member,
the disposable retired pay of the member shall be available to
satisfy such court orders on a first-come, first-served basis,
subject to the order of precedence specified in paragraph (2),
with any such process being satisfied out of such monies as
remain after the satisfaction of all such processes which have
been previously served.
``(7) The Secretary concerned shall not be required to vary
normal pay and disbursement cycles for retired pay in order to
comply with a child abuse garnishment order.''.
(b) Application of Amendment.--Subsection (l) of section
1408 of title 10, United States Code, as added by subsection
(a), shall apply with respect to a court order received by the
Secretary concerned on or after the date of the enactment of
this Act, regardless of the date of the court order.
SEC. 535. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ALL
INDIVIDUALS ENLISTED IN THE ARMED FORCES UNDER A
DELAYED ENTRY PROGRAM.
(a) Training Required.--Commencing not later than 180 days
after the date of the enactment of this Act, each Secretary
concerned shall, insofar as practicable, provide training on
sexual assault prevention and response to each individual under
the jurisdiction of such Secretary who is enlisted in the Armed
Forces under a delayed entry program such that each such
individual completes such training before the date of
commencement of basic training or initial active duty for
training in the Armed Forces.
(b) Training Elements.--The training provided pursuant to
subsection (a)--
(1) shall, to the extent practicable, be uniform
across the Armed Forces;
(2) should be provided through in-person
instruction, whenever possible;
(3) should include instruction on the proper use of
social media; and
(4) shall meet such other requirements as the
Secretary of Defense may establish.
(c) Definitions.--In this section:
(1) The term ``delayed entry program'' means the
following:
(A) The Future Soldiers Program of the
Army.
(B) The Delayed Entry Program of the Navy
and the Marine Corps.
(C) The program of the Air Force for the
delayed entry of enlistees into the Air Force.
(D) The program of the Coast Guard for the
delayed entry of enlistees into the Coast
Guard.
(E) Any successor program to a program
referred to in subparagraphs (A) through (D).
(2) The term ``Secretary concerned'' has the
meaning given that term in section 101(a)(9) of title
10, United States Code.
SEC. 536. SPECIAL VICTIMS' COUNSEL TRAINING REGARDING THE UNIQUE
CHALLENGES OFTEN FACED BY MALE VICTIMS OF SEXUAL
ASSAULT.
The baseline Special Victims' Counsel training established
under section 1044e(d)(2) of title 10, United States Code,
shall include training for Special Victims' Counsel to
recognize and deal with the unique challenges often faced by
male victims of sexual assault.
SEC. 537. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS REGARDING
MILITARY SEXUAL HARASSMENT AND INCIDENTS INVOLVING
NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL
IMAGES.
(a) Additional Reporting Requirements.--Section 1631(b) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is amended
by adding at the end the following new paragraphs:
``(13) Information and data collected through
formal and informal reports of sexual harassment
involving members of the Armed Forces during the year
covered by the report, as follows:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated
report.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction
imposed, if any, such as--
``(i) conviction and sentence by
court-martial;
``(ii) imposition of non-judicial
punishment under section 815 of title
10, United States Code (article 15 of
the Uniform Code of Military Justice);
or
``(iii) administrative separation
or other type of administrative action
imposed.
``(14) Information and data collected during the
year covered by the report on each reported incident
involving the nonconsensual distribution by a person
subject to chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), of a private
sexual image of another person, including the
following:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated
report.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction
imposed, if any, such as--
``(i) conviction and sentence by
court-martial;
``(ii) imposition of non-judicial
punishment under section 815 of title
10, United States Code (article 15 of
the Uniform Code of Military Justice);
or
``(iii) administrative separation
or other type of administrative action
imposed.''.
(b) Application of Amendment.--The amendment made by this
section shall take effect on the date of the enactment of this
Act and apply beginning with the reports required to be
submitted by March 1, 2020, under section 1631 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 1561 note).
SEC. 538. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS REGARDING
SEXUAL ASSAULTS COMMITTED BY A MEMBER OF THE ARMED
FORCES AGAINST THE MEMBER'S SPOUSE OR OTHER FAMILY
MEMBER.
Beginning with the reports required to be submitted by
March 1, 2019, under section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 1561 note), information regarding a sexual
assault committed by a member of the Armed Forces against the
spouse or intimate partner of the member or another dependent
of the member shall be included in such reports in addition to
the annual Family Advocacy Program report. The information may
be included as an annex to such reports.
Subtitle E--Member Education, Training, Resilience, and Transition
SEC. 541. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF THE ARMED
FORCES ON ASSISTANCE AND SUPPORT SERVICES FOR
CAREGIVERS OF CERTAIN VETERANS THROUGH THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 1142(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(18) A description, developed in consultation
with the Secretary of Veterans Affairs, of the
assistance and support services for family caregivers
of eligible veterans under the program conducted by the
Secretary of Veterans Affairs pursuant to section 1720G
of title 38, including the veterans covered by the
program, the caregivers eligible for assistance and
support through the program, and the assistance and
support available through the program.''.
(b) Participation of Potential Caregivers in Appropriate
Preseparation Counseling.--
(1) In general.--In accordance with procedures
established by the Secretary of Defense, each Secretary
of a military department shall take appropriate actions
to achieve the following:
(A) To determine whether each member of the
Armed Forces under the jurisdiction of such
Secretary who is undergoing preseparation
counseling pursuant to section 1142 of title
10, United States Code (as amended by
subsection (a)), and who may require caregiver
services after separation from the Armed Forces
has identified an individual to provide such
services after the member's separation.
(B) In the case of a member described in
subparagraph (A) who has identified an
individual to provide caregiver services after
the member's separation, at the election of the
member, to permit such individual to
participate in appropriate sessions of the
member's preseparation counseling in order to
inform such individual of--
(i) the assistance and support
services available to caregivers of
members after separation from the Armed
Forces; and
(ii) the manner in which the
member's transition to civilian life
after separation may likely affect such
individual as a caregiver.
(2) Caregivers.--For purposes of this subsection,
individuals who provide caregiver services refers to
individuals (including a spouse, partner, parent,
sibling, adult child, other relative, or friend) who
provide physical or emotional assistance to former
members of the Armed Forces during and after their
transition from military life to civilian life
following separation from the Armed Forces.
(3) Deadline for commencement.--Each Secretary of a
miliary department shall commence the actions required
pursuant to this subsection by not later than 180 days
after the date of the enactment of this Act.
SEC. 542. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE ARMY, NAVY,
AIR FORCE, AND MARINE CORPS AND VETERANS.
(a) Improved Employment Skills Verification.--Section
1143(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new
paragraph:
``(2) In order to improve the accuracy and completeness of
a certification or verification of job skills and experience
required by paragraph (1), the Secretary of Defense shall--
``(A) establish a database to record all training
performed by members of the Army, Navy, Air Force, and
Marine Corps that may have application to employment in
the civilian sector; and
``(B) make unclassified information regarding such
information available to States and other potential
employers referred to in subsection (c) so that State
and other entities may allow military training to
satisfy licensing or certification requirements to
engage in a civilian profession.''.
(b) Improved Accuracy of Certificates of Training and
Skills.--Section 1143(a) of title 10, United States Code, is
further amended by inserting after paragraph (2), as added by
subsection (a), the following new paragraph:
``(3) The Secretary of Defense shall ensure that a
certification or verification of job skills and experience
required by paragraph (1) is rendered in such a way that States
and other potential employers can confirm the accuracy and
authenticity of the certification or verification.''.
(c) Improved Responsiveness to Certification Requests.--
Section 1143(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``For the
purpose''; and
(2) by adding at the end the following new
paragraph:
``(2)(A) A State may--
``(i) use a certification or verification of job
skills and experience provided to a member of the armed
forces under subsection (a); and
``(ii) in the case of members of the Army, Navy,
Air Force, and Marine Corps, request the Department of
Defense to confirm the accuracy and authenticity of the
certification or verification.
``(B) A response confirming or denying the information
shall be provided within five business days.''.
(d) Improved Notice to Members.--Section 1142(b)(4)(A) of
title 10, United States Code, is amended by inserting before
the semicolon the following: ``, including State-submitted and
approved lists of military training and skills that satisfy
occupational certifications and licenses''.
SEC. 543. LIMITATION ON RELEASE OF MILITARY SERVICE ACADEMY GRADUATES
TO PARTICIPATE IN PROFESSIONAL ATHLETICS.
(a) United States Military Academy.--Section 4348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That the cadet--
``(A) will not seek release from the
cadet's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the cadet completes
a period of at least two consecutive years of
commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (3) will not
be used to allow the cadet to obtain such
employment until at least the end of that two-
year period.''.
(b) United States Naval Academy.--Section 6959(a) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) That the midshipman--
``(A) will not seek release from the
midshipman's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the midshipman
completes a period of at least two consecutive
years of commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (3) will not
be used to allow the midshipman to obtain such
employment until at least the end of that two-
year period.''.
(c) United States Air Force Academy.--Section 9348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That the cadet--
``(A) will not seek release from the
cadet's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the cadet completes
a period of at least two consecutive years of
commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (2) will not
be used to allow the cadet to obtain such
employment until at least the end of that two-
year period.''.
(d) Application of Amendments.--The Secretaries of the
military departments shall promptly revise the cadet and
midshipman service agreements under sections 4348, 6959, and
9348 of title 10, United States Code, to reflect the amendments
made by this section. The revised agreement shall apply to
cadets and midshipmen who are attending the United States
Military Academy, the United States Naval Academy, or the
United States Air Force Academy on the date of the enactment of
this Act and to persons who begin attendance at such military
service academies on or after that date.
SEC. 544. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND RESILIENCE
PROGRAM FOR THE NATIONAL GUARD AND RESERVES.
Section 10219(g) of title 10, United States Code, is
amended by striking ``October 1, 2018'' and inserting ``October
1, 2020''.
SEC. 545. ANNUAL CERTIFICATIONS RELATED TO READY, RELEVANT LEARNING
INITIATIVE OF THE NAVY.
(a) Annual Certifications Required.--Not later than March
1, 2018, and each year thereafter, the Secretary of the Navy
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a certification on the status
of implementation of the Ready, Relevant Learning initiative of
the Navy for each applicable enlisted rating.
(b) Elements.--Each certification under subsection (a)
shall include the following:
(1) A certification by the Commander of the United
States Fleet Forces Command that the block learning and
modernized delivery methods of the Ready, Relevant
Learning initiative to be implemented during the fiscal
year beginning in which such certification is submitted
will meet or exceed the existing training delivery
approach for all associated training requirements.
(2) A certification by the Secretary of the Navy
that the content re-engineering necessary to meet all
training objectives and transition from the traditional
training curriculum to the modernized delivery format
to be implemented during such fiscal year will be
complete prior to such transition, including full
functionality of all required course software and
hardware.
(3) A detailed cost estimate of transitioning to
the block learning and modernized delivery approaches
to be implemented during such fiscal year with funding
listed by purpose, amount, appropriations account,
budget program element or line item, and end strength
adjustments.
(4) A detailed phasing plan associated with
transitioning to the block learning and modernized
delivery approaches to be implemented during such
fiscal year, including the current status, timing, and
identification of reductions in ``A'' school and ``C''
school courses, curricula, funding, and personnel.
(5) A certification by the Secretary of the Navy
that--
(A) the contracting strategy associated
with transitioning to the modernized delivery
approach to be implemented during such fiscal
year has been completed; and
(B) contracting actions contain sufficient
specification detail to enable a low risk
approach to receiving the deliverable end item
or items on-budget, on-schedule, and with
satisfactory performance.
SEC. 546. AUTHORITY TO EXPAND ELIGIBILITY FOR THE UNITED STATES
MILITARY APPRENTICESHIP PROGRAM.
(a) Expansion Authorized.--The Secretary of Defense may
expand eligibility for the United Services Military
Apprenticeship Program to include any member of the uniformed
services.
(b) Definition.--In this section, the term ``uniformed
services'' has the meaning given such term in section 101(a)(5)
of title 10, United States Code.
SEC. 547. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE OF AIR
FORCE ENLISTED PERSONNEL AT AIR FORCE OFFICER
PROFESSIONAL MILITARY EDUCATION IN-RESIDENCE
COURSES.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise made available for the Department of
the Air Force may be obligated or expended for the purpose of
the attendance of Air Force enlisted personnel at Air Force
officer professional military education (PME) in-residence
courses until the later of--
(1) the date on which the Secretary of the Air
Force submits to the Committees on Armed Services of
the Senate and the House of Representatives, and to the
Comptroller General of the United States, a report on
the attendance of such personnel at such courses as
described in subsection (b);
(2) the date on which the Comptroller General
submits to such committees the report setting forth an
assessment of the report under paragraph (1) as
described in subsection (c); or
(3) 180 days after the date of the enactment of
this Act.
(b) Secretary of the Air Force Report.--The report of the
Secretary described in subsection (a)(1) shall include the
following:
(1) The purpose of the attendance of Air Force
enlisted personnel at Air Force officer professional
military education in-residence courses.
(2) The objectives for the attendance of such
enlisted personnel at such officer professional
military education courses.
(3) The required prerequisites for such enlisted
personnel to attend such officer professional military
education courses.
(4) The process for selecting such enlisted
personnel to attend such officer professional military
education courses.
(5) The impact of the attendance of such enlisted
personnel at such officer professional military
education courses on the availability of officer
allocations for the attendance of officers at such
courses.
(6) The impact of the attendance of such enlisted
personnel at such officer professional military
education courses on the morale and retention of
officers attending such courses.
(7) The resources required for such enlisted
personnel to attend such officer professional military
education courses.
(8) The impact on unit and overall Air Force
manning levels of the attendance of such enlisted
personnel at such officer professional military
education courses, especially at the statutorily-
limited end strengths of grades E-8 and E-9.
(9) The extent to which graduation by such enlisted
personnel from such officer professional military
education courses is a requirement for Air Force or
joint assignments.
(10) The planned assignment utilization for Air
Force enlisted graduates of such officer professional
military education courses.
(11) Any other matters in connection with the
attendance of such enlisted personnel at such officer
professional military education courses that the
Secretary considers appropriate.
(c) Comptroller General of the United States Report.--
(1) In general.--Not later than 90 days after the
date the Secretary submits the report described in
subsection (a)(1), the Comptroller General shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on an
assessment of the report by the Comptroller General. As
soon as practicable after the briefing, the Comptroller
General shall submit to such committees a report on
such assessment for purposes of subsection (a)(2).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An assessment of whether the
conclusions and assertions included in the
report of the Secretary under subsection (a)
are comprehensive, fully supported, and
sufficiently detailed.
(B) An identification of any shortcomings,
limitations, or other reportable matters that
affect the quality of the findings or
conclusions of the report of the Secretary.
SEC. 548. LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS.
(a) In General.--The Secretary of the Army shall designate
a number of scholarships under the Army Senior Reserve
Officers' Training Corps (SROTC) program that are available to
students at minority-serving institutions as ``Lieutenant Henry
Ossian Flipper Leadership Scholarships''.
(b) Number Designated.--The number of scholarships
designated pursuant to subsection (a) shall be the number the
Secretary determines appropriate to increase the number of
Senior Reserve Officers' Training Corps scholarships at
minority-serving institutions. In making the determination, the
Secretary shall give appropriate consideration to the
following:
(1) The number of Senior Reserve Officers' Training
Corps scholarships available at all institutions
participating in the Senior Reserve Officer's Training
Corps program.
(2) The number of such minority-serving
institutions that offer the Senior Reserve Officers'
Training Corps program to their students.
(c) Amount of Scholarship.--The Secretary may increase any
scholarship designated pursuant to subsection (a) to an amount
in excess of the amount of the Senior Reserve Officers'
Training Corps program scholarship that would otherwise be
offered at the minority-serving institution concerned if the
Secretary considers that a scholarship of such increased amount
is appropriate for the purpose of the scholarship.
(d) Minority-serving Institution Defined.--In this section,
the term ``minority-serving institution'' means an institution
of higher education described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
SEC. 549. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN THE
DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED
FORMER CADETS AND MIDSHIPMEN.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military
department may carry out a pilot program under which
former cadets or midshipmen described in paragraph (2)
(in this section referred to as ``eligible
individuals'') under the jurisdiction of such Secretary
may be appointed by the Secretary of Defense in the
excepted service under section 3320 of title 5, United
States Code, in the Department of Defense.
(2) Cadets and midshipmen.--Except as provided in
paragraph (3), a former cadet or midshipman described
in this paragraph is any former cadet at the United
States Military Academy or the United States Air Force
Academy, and any former midshipman at the United States
Naval Academy, who--
(A) completed the prescribed course of
instruction and graduated from the applicable
service academy; and
(B) is determined to be medically
disqualified to complete a period of active
duty in the Armed Forces prescribed in an
agreement signed by such cadet or midshipman in
accordance with section 4348, 6959, or 9348 of
title 10, United States Code.
(3) Exception.--A former cadet or midshipman whose
medical disqualification as described in paragraph
(2)(B) is the result of the gross negligence or
misconduct of the former cadet or midshipman is not an
eligible individual for purposes of appointment under a
pilot program.
(b) Purpose.--The purpose of the pilot programs conducted
under this section is to evaluate the feasibility and
advisability of permitting eligible individuals who cannot
accept a commission or complete a period of active duty in the
Armed Forces prescribed by the Secretary of the military
department concerned to fulfill an obligation for active duty
service in the Armed Forces through service as a civilian
employee of the Department of Defense.
(c) Positions.--
(1) In general.--The positions to which an eligible
individual may be appointed under a pilot program
conducted under this section are existing positions
within the Department of Defense in grades up to GS-9
under the General Schedule under section 5332 of title
5, United States Code (or equivalent). The authority in
subsection (a) does not authorize the creation of
additional positions, or create any vacancies to which
eligible individuals may be appointed under a pilot
program.
(2) Term positions.--Any appointment under a pilot
program shall be to a position having a term of five
years or less.
(d) Scope of Authority.--
(1) Recruitment and retention of eligible
individuals.--The authority in subsection (a) may be
used only to the extent necessary to recruit and retain
on a non-competitive basis cadets and midshipmen who
are relieved of an obligation for active duty in the
Armed Forces due to becoming medically disqualified
from serving on active duty in the Armed Forces, and
may not be used to appoint any other individuals in the
excepted service.
(2) Voluntary acceptance of appointments.--A pilot
program conducted under this section may not be used as
an implicit or explicit basis for compelling an
eligible individual to accept an appointment in the
excepted service in accordance with this section.
(e) Relationship to Repayment Provisions.--Completion of a
term appointment pursuant to a pilot program conducted under
this section shall relieve the eligible individual concerned of
any repayment obligation under section 303a(e) or 373 of title
37, United States Code, with respect to the agreement of the
individual described in subsection (a)(2)(B).
(f) Termination.--
(1) In general.--The authority to appoint eligible
individuals in the excepted service under a pilot
program conducted under this section shall expire on
the date that is four years after the date of the
enactment of this Act.
(2) Effect on existing appointments.--The
termination by paragraph (1) of the authority in
subsection (a) shall not affect any appointment made
under that authority before the termination date
specified in paragraph (1) in accordance with the terms
of such appointment.
(g) Reporting Requirement.--
(1) Report required.--Not later than the date that
is three years after the date of the enactment of this
Act, each Secretary of a military department shall
submit to the appropriate congressional committees a
report containing an evaluation of the effectiveness of
the pilot program conducted by such Secretary under
this section, including the number of eligible
individuals appointed as civilian employees of the
Department of Defense under the program and the
retention rate for such employees.
(2) Appropriate congressional committees defined.--
In this section, the term ``appropriate congressional
committees'' means the Committee on Armed Services and
the Committee on Homeland Security and Government
Affairs of the Senate and the Committee on Armed
Services and the Committee on Oversight and Government
Reform of the House of Representatives.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS
SEC. 551. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2018 pursuant to section
301 and available for operation and maintenance for
Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(20 U.S.C. 7703a).
(2) Use of certain amount.--Of the amount available
under subsection (a) for payments as described in that
subsection, $5,000,000 shall be available for such
payments to local educational agencies determined by
the Secretary of Defense, in the discretion of the
Secretary, to have higher concentrations of military
children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2018 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $40,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 552. TRANSITIONS OF MILITARY DEPENDENT STUDENTS FROM DEPARTMENT OF
DEFENSE DEPENDENT SCHOOLS TO OTHER SCHOOLS AND
AMONG SCHOOLS OF LOCAL EDUCATIONAL AGENCIES.
(a) Permanent Support Authority.--Section 574(c) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 20 U.S.C. 7703b note) is amended by
striking paragraph (3).
(b) Conforming Amendment.--Section 572(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 20 U.S.C. 7703b note) is amended by striking ``that
includes a request for the extension of section 574(c) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 shall include'' and inserting ``shall include, with
respect to section 574(c) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 20
U.S.C. 7703b note),''.
SEC. 553. REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS FOR CHILDREN WHO ARE
DEPENDENTS OF MEMBERS OF THE ARMED FORCES.
Not later than two years after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a
description and assessment of--
(1) current Department of Defense programs intended
to improve educational opportunities and achievement in
science, technology, engineering, and mathematics for
children who are dependents of members of the Armed
Forces; and
(2) Department of Defense efforts to increase
opportunities and achievement in science, technology,
engineering, and mathematics for children who are
dependents of members of the Armed Forces.
PART II--MILITARY FAMILY READINESS MATTERS
SEC. 555. CODIFICATION OF AUTHORITY TO CONDUCT FAMILY SUPPORT PROGRAMS
FOR IMMEDIATE FAMILY MEMBERS OF MEMBERS OF THE
ARMED FORCES ASSIGNED TO SPECIAL OPERATIONS FORCES.
(a) Codification of Existing Authority.--Chapter 88 of
title 10, United States Code, is amended by inserting after
section 1788 a new section 1788a consisting of--
(1) a heading as follows:
``Sec. 1788a. Family support programs: immediate family members of
members of special operations forces''; and
(2) a text consisting of subsections (a), (b), (d),
and (e) of section 554 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 10 U.S.C. 1788 note).
(b) Reporting Requirement.--Section 1788a of title 10,
United States Code, as added by subsection (a) of this section,
is further amended--
(1) by redesignating subsection (d), as so added,
as subsection (c); and
(2) by inserting after such subsection the
following new subsection (d):
``(d) Annual Report.--
``(1) Report required.--Not later than March 1,
2019, and each March 1 thereafter, the Commander, in
coordination with the Under Secretary of Defense for
Personnel and Readiness, shall submit to the
congressional defense committees a report describing
the progress made in achieving the goals of the family
support programs conducted under this section.
``(2) Elements of reports.--Each report under this
subsection shall include the following:
``(A) A detailed description of the
programs conducted under this section to
address family support requirements for family
members of members of the armed forces assigned
to special operations forces.
``(B) An assessment of the impact of the
programs on military readiness and on family
members of members of the armed forces assigned
to special operations forces.
``(C) A description of the special
operations-peculiar aspects of the programs and
a comparison and differentiation of these
programs with other programs conducted by the
Secretaries of the military departments to
provide family support services to immediate
family members of members of the armed forces.
``(D) Recommendations for incorporating
lessons learned into other family support
programs.
``(E) Any other matters the Commander
considers appropriate regarding the
programs.''.
(c) Funding.--Subsection (c) of section 1788a of title 10,
United States Code, as added by subsection (a) of this section
and redesignated by subsection (b)(1) of this section, is
amended by striking ``specified'' and all that follows through
the end of the subsection and inserting ``, from funds
available for Major Force Program 11, to carry out family
support programs under this section.''.
(d) Elimination of Pilot Program References and Other
Conforming Amendments.--Section 1788a of title 10, United
States Code, as added by subsection (a) of this section, is
further amended--
(1) by striking ``Armed Forces'' each place it
appears and inserting ``armed forces'';
(2) by striking ``pilot'' each place it appears;
(3) in subsection (a)--
(A) in the subsection heading, by striking
``Pilot''; and
(B) by striking ``up to three'' and all
that follows through ``providing'' and
inserting ``programs to provide''; and
(4) in subsection (e)--
(A) in paragraph (2), by striking ``title
10, United States Code'' and inserting ``this
title''; and
(B) in paragraph (3), by striking ``such
title'' and inserting ``this title''.
(e) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after the item relating to
section 1788 the following new item:
``1788a. Family support programs: immediate family members of members of
special operations forces.''.
(f) Conforming Repeal.--Section 554 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 1788 note) is repealed.
SEC. 556. REIMBURSEMENT FOR STATE LICENSURE AND CERTIFICATION COSTS OF
A SPOUSE OF A MEMBER OF THE ARMED FORCES ARISING
FROM RELOCATION TO ANOTHER STATE.
(a) Reimbursement Authorized.--Section 476 of title 37,
United States Code, is amended by adding at the end the
following new subsection:
``(p)(1) From amounts otherwise made available for a fiscal
year to provide travel and transportation allowances under this
chapter, the Secretary concerned may reimburse a member of the
armed forces for qualified relicensing costs of the spouse of
the member when--
``(A) the member is reassigned, either as a
permanent change of station or permanent change of
assignment, from a duty station in one State to a duty
station in another State; and
``(B) the movement of the member's dependents is
authorized at the expense of the United States under
this section as part of the reassignment.
``(2) Reimbursement provided to a member under this
subsection may not exceed $500 in connection with each
reassignment described in paragraph (1).
``(3) Not later than December 31, 2021, the Secretary of
Defense, in consultation with the Secretary of Homeland
Security with respect to the Coast Guard, shall submit to the
congressional defense committees, the Committee on Homeland
Security and Government Affairs of the Senate, and the
Committee on Oversight and Government Reform of the House of
Representatives a report--
``(A) describing the extent to which the
reimbursement authority provided by this subsection has
been used; and
``(B) containing a recommendation by the
Secretaries regarding whether the authority should be
extended beyond the date specified in paragraph (4).
``(4) No reimbursement may be provided under this
subsection for qualified relicensing costs paid or incurred
after December 31, 2022.
``(5) In this subsection, the term `qualified relicensing
costs' means costs, including exam and registration fees,
that--
``(A) are imposed by the State of the new duty
station to secure a license or certification to engage
in the same profession that the spouse of the member
engaged in while in the State of the original duty
station; and
``(B) are paid or incurred by the member or spouse
to secure the license or certification from the State
of the new duty station after the date on which the
orders directing the reassignment described in
paragraph (1) are issued.''.
(b) Development of Recommendations to Expedite License
Portability for Military Spouses.--
(1) Consultation with states.--The Secretary of
Defense, and the Secretary of Homeland Security with
respect to the Coast Guard, shall consult with States--
(A) to identify barriers to the portability
between States of a license, certification, or
other grant of permission held by the spouse of
a member of the Armed Forces to engage in an
occupation when the spouse moves between States
as part of a permanent change of station or
permanent change of assignment of the member;
and
(B) to develop recommendations for the
Federal Government and the States, together or
separately, to expedite the portability of such
licenses, certifications, and other grants of
permission for military spouses.
(2) Specific considerations.--In conducting the
consultation and preparing the recommendations under
paragraph (1), the Secretaries shall consider the
feasibility of--
(A) States accepting licenses,
certifications, and other grants of permission
described in paragraph (1) issued by another
State and in good standing in that State;
(B) the issuance of a temporary license
pending completion of State-specific
requirements; and
(C) the establishment of an expedited
review process for military spouses.
(3) Report required.--Not later than March 15,
2018, the Secretaries shall submit to the appropriate
congressional committees and the States a report
containing the recommendations developed under this
subsection.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means the congressional
defense committees, the Committee on Homeland Security
and Government Affairs of the Senate, and the Committee
on Oversight and Government Reform of the House of
Representatives.
SEC. 557. TEMPORARY EXTENSION OF EXTENDED PERIOD OF PROTECTIONS FOR
MEMBERS OF UNIFORMED SERVICES RELATING TO
MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.
Section 710(d) of the Honoring America's Veterans and
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-
154; 50 U.S.C. 3953 note) is amended--
(1) in paragraph (1), by striking ``December 31,
2017'' and inserting ``December 31, 2019''; and
(2) in paragraph (3), by striking ``January 1,
2018'' and inserting ``January 1, 2020''.
SEC. 558. ENHANCING MILITARY CHILDCARE PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Hours of Operation of Military Childcare Development
Centers.--Each Secretary of a military department shall ensure,
to the extent practicable, that the hours of operation of each
childcare development center under the jurisdiction of the
Secretary are established and maintained in manner that takes
into account the demands and circumstances of members of the
Armed Forces, including members of the reserve components, who
use such center in facilitation of the performance of their
military duties.
(b) Matters to Be Taken Into Account.--The demands and
circumstances to be taken into account under subsection (a) for
purposes of setting and maintaining the hours of operation of a
childcare development center shall include the following:
(1) Mission requirements of units whose members use
the childcare development center.
(2) The unpredictability of work schedules, and
fluctuations in day-to-day work hours, of such members.
(3) The potential for frequent and prolonged
absences of such members for training, operations, and
deployments.
(4) The location of the childcare development
center on the military installation concerned,
including the location in connection with duty
locations of members and applicable military family
housing.
(5) Such other matters as the Secretary of the
military department concerned considers appropriate for
purposes of this section.
(c) Childcare Coordinators for Military Installations.--
Each Secretary of a military department may provide for a
childcare coordinator at each military installation under the
jurisdiction of the Secretary at which are stationed
significant numbers of members of the Armed Forces with
accompanying dependent children, as determined by the
Secretary. The childcare coordinator may work with the
commander of the installation to ensure that childcare is
available and responsive to the needs of members assigned to
the installation.
SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR CHILDCARE
SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense may appoint,
without regard to any provision of subchapter I of chapter 33
of title 5, United States Code, qualified childcare services
providers in the competitive service if the Secretary
determines that--
(1) there is a critical hiring need for childcare
services providers for Department of Defense child
development centers; and
(2) there is a shortage of childcare services
providers.
(b) Regulations.--The Secretary shall carry out this
section in accordance with regulations prescribed by the
Secretary for purposes of this section.
(c) Deadline for Implementation.--The Secretary shall
prescribe the regulations required by subsection (b), and
commence implementation of subsection (a), by not later than
May 1, 2018.
(d) Briefing.--Not later than 90 days after the end of each
of fiscal years 2019 and 2021, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives, the Committee on Armed Services of
the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate on the use of
the appointment authority provided by subsection (a).
(e) Childcare Services Provider Defined.--In this section,
the term ``childcare services provider'' means a person who
provides childcare services for dependent children of members
of the Armed Forces and civilian employees of the Department of
Defense in child development centers on Department
installations.
(f) Expiration of Authority.--The appointment authority
provided by subsection (a) expires on September 30, 2021.
SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR TELEWORK
FACILITIES FOR MILITARY SPOUSES ON MILITARY
INSTALLATIONS OUTSIDE THE UNITED STATES.
(a) In General.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program to assess the feasability and
advisability of providing telework facilities for military
spouses on military installations outside the United States.
The Secretary shall consult with the host nation or nations
concerned in carrying out the pilot program.
(b) Number of Installations.--The Secretary shall carry out
the pilot program at not less than two military installations
outside the United States selected by the Secretary for
purposes of the pilot program.
(c) Duration.--The duration of the pilot program shall be a
period selected by the Secretary, but not more than three
years.
(d) Elements.--The pilot program shall include the
following elements:
(1) The pilot program shall be conducted as one or
more public-private partnerships between the Department
of Defense and a private corporation or partnership of
private corporations.
(2) The corporation or corporations participating
in the pilot program shall contribute to the carrying
out of the pilot program an amount equal to the amount
committed by the Secretary to the pilot program at the
time of its commencement.
(3) The Secretary shall enter into one or more
memoranda of understanding with the corporation or
corporations participating in the pilot program for
purposes of the pilot program, including the amounts to
be contributed by such corporation or corporations
pursuant to paragraph (2).
(4) The telework undertaken by military spouses
under the pilot program may only be for United States
companies.
(5) The pilot program shall permit military spouses
to provide administrative, informational technology,
professional, and other necessary support to companies
through telework from Department installations outside
the United States.
(e) Funding.--Of the amount authorized to be appropriated
for fiscal year 2018 by section 421 and available for military
personnel as specified in the funding table in section 4401, up
to $1,000,000 may be available to carry out the pilot program,
including entry into memoranda of understanding pursuant to
subsection (d)(3) and payment by the Secretary of the amount
committed by the Secretary to the pilot program pursuant to
subsection (d)(2).
Subtitle G--Decorations and Awards
SEC. 561. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARLIN M.
CONNER FOR ACTS OF VALOR DURING WORLD WAR II.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 3741 of such title to Garlin M. Conner for the acts of
valor during World War II described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Garlin M. Conner during
combat on January 24, 1945, as a member of the United States
Army in the grade of First Lieutenant in France while serving
with Company K, 3d Battalion, 7th Infantry Regiment, 3d
Infantry Division, for which he was previously awarded the
Distinguished-Service Cross.
SEC. 562. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO
SPECIALIST FRANK M. CRARY FOR ACTS OF VALOR IN
VIETNAM.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Distinguished-Service Cross under
section 3742 of such title to Specialist Frank M. Crary for the
acts of valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Frank M. Crary on April 7,
1966, as a member of the Army serving in the grade of
Specialist in Vietnam while serving with Company D, 1st
Battalion (Airborne), 12th Cavalry Regiment, 1st Cavalry
Division.
Subtitle H--Miscellaneous Reporting Requirements
SEC. 571. ANALYSIS AND REPORT ON ACCOMPANIED AND UNACCOMPANIED TOURS OF
DUTY IN REMOTE LOCATIONS WITH HIGH FAMILY SUPPORT
COSTS.
(a) Analysis Required.--The Secretary of Defense shall
conduct a comparative analysis of accompanied tours of duty and
unaccompanied tours of duty of members of the Armed Forces in
remote locations with high family support costs (including
facility construction and operation costs), including--
(1) the Azores;
(2) United States Naval Station, Guantanamo Bay,
Cuba;
(3) Okinawa, Japan;
(4) the Republic of Korea;
(5) Kwajalein Atoll;
(6) Al Udeid Air Base, Qatar; and
(7) such other locations as the Secretary considers
appropriate for purposes of the analysis.
(b) Reporting Requirement.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the results of the analysis conducted under
subsection (a).
SEC. 572. REVIEW AND REPORTS ON POLICIES FOR REGULAR AND RESERVE
OFFICER CAREER MANAGEMENT.
(a) Review Required.--The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall conduct a review of the policies of the Department of
Defense for the career management of regular and reserve
officers of the Armed Forces pursuant to the Defense Officer
Personnel Management Act (commonly referred to as ``DOPMA'')
and the Reserve Officer Personnel Management Act (commonly
referred to as ``ROPMA'').
(b) Elements of Review.--The review required by subsection
(a) shall include the following:
(1) A statistical analysis, based on exit surveys
and other data available to the military departments,
on the impact that current personnel policies under the
Defense Officer Personnel Management Act have on
recruiting and retention of qualified regular and
reserve officers of the Armed Forces. Specifically, the
statistical analysis shall include an estimate of the
number of officers who leave the Armed Forces each year
because of dissatisfaction with the current personnel
policies, including career progression, promotion
policies, and a perceived lack of opportunity for
schooling and broadening assignments.
(2) An analysis of the extent to which current
personnel policies inhibit the professional development
of officers.
(3) An analysis of the impact that increased
flexibility in promotion, assignments, and career
length would have on officer competency in their
military occupational specialties.
(4) An analysis of the efficacy of officer talent
management systems currently used by the military
departments.
(5) An analysis of the benefits and limitations of
the current promotion timelines and the ``up-or-out''
system required by policy and law.
(6) An analysis of the reasons and frequency with
which officers in the grade of O-3 or above are passed
over for promotion to the next higher grade,
particularly those officers who have pursued advanced
degrees, broadening assignments, and non-traditional
career patterns.
(7) The utility and feasibility of creating new
competitive categories or an independent career and
promotion path for officers in low-density military
occupational specialties.
(8) An analysis of how best to encourage and
facilitate the recruitment and retention of officers
with technical expertise.
(9) The utility and feasibility of encouraging
officers to pursue careers of lengths that vary from
the traditional 20-year military career and the
mechanisms that could be employed to encourage officers
to pursue these varying career lengths.
(10) An analysis of what actions have been or could
be taken within current statutory authority to address
officer management challenges.
(11) An analysis of what actions can be taken by
the Armed Forces to change the institutional culture
regarding commonly held perceptions on appropriate
promotion timelines, career progression, and
traditional career patterns.
(12) An analysis of how the Armed Forces can avoid
an officer corps disproportionately weighted toward
officers serving in the grades of major, lieutenant
colonel, and colonel and Navy grades of lieutenant
commander, commander, and captain, if statutory officer
grade caps are relaxed.
(13) The utility and feasibility of allowing
officers to repeatedly and seamlessly transition
between active duty and reserve active-status
throughout the course of their military careers.
(14) An analysis of the current officer force-
shaping authorities and any changes needed to these
authorities to improve recruiting, retention, and
readiness.
(15) An analysis of any other matters the Secretary
of Defense considers appropriate to improve the
effective recruitment and retention of officers.
(c) Reporting Requirements.--
(1) Initial report.--Not later than March 1, 2018,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report evaluating the impact on
officer retention of granting promotion boards the
authority to recommend officers of particular merit be
placed at the top of the promotion list.
(2) Complete report.--Not later than July 31, 2018,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report setting forth the results of
the review conducted under subsection (a).
(3) Scope of report.--If any recommendation of the
Secretary of Defense in a report required by this
subsection requires legislative or administrative
action for implementation, the report shall include a
proposal for legislative action, or a description of
administrative action, as applicable, to implement such
recommendation.
SEC. 573. REVIEW AND REPORT ON EFFECTS OF PERSONNEL REQUIREMENTS AND
LIMITATIONS ON THE AVAILABILITY OF MEMBERS OF THE
NATIONAL GUARD FOR THE PERFORMANCE OF FUNERAL
HONORS DUTY FOR VETERANS.
(a) Review Required.--The Secretary of Defense shall
undertake a review of the effects of the personnel requirements
and limitations described in subsection (b) with respect to the
members of the National Guard in order to determine whether or
not such requirements unduly limit the ability of the Armed
Forces to meet the demand for personnel to perform funeral
honors in connection with funerals of veterans.
(b) Personnel Requirements and Limitations.--The personnel
requirements and limitations described in this subsection are
the following:
(1) Requirements, such as the ceiling on the
authorized number of members of the National Guard on
active duty pursuant to section 115(b)(2)(B) of title
10, United States Code, or end-strength limitations,
that may operate to limit the number of members of the
National Guard available for the performance of funeral
honors duty.
(2) Any other requirements or limitations
applicable to the reserve components of the Armed
Forces in general, or the National Guard in particular,
that may operate to limit the number of members of the
National Guard available for the performance of funeral
honors duty.
(c) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review undertaken pursuant to
subsection (a). The report shall include the following:
(1) A description of the review.
(2) Such recommendations as the Secretary considers
appropriate in light of the review for legislative or
administrative action to expand the number of members
of the National Guard available for the performance of
funeral honors functions at funerals of veterans.
SEC. 574. REVIEW AND REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE, AND
STATUS OF NATIONAL GUARD AND RESERVE TECHNICIANS.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the following:
(1) Authority for the employment, use, and status
of National Guard technicians under section 709 of
title 32, United States Code (commonly referred to as
the National Guard Technicians Act of 1968).
(2) Authorities for the employment, use, and status
of National Guard and Reserve technicians under
sections 10216 through 10218 of title 10, United States
Code.
(3) Any other authorities on the employment, use,
and status of National Guard and Reserve technicians
under law.
(b) Purposes.--The purposes of the review under subsection
(a) shall be as follows:
(1) To define the mission and requirements of
National Guard and Reserve technicians.
(2) To identify means to improve the management and
administration of the National Guard and Reserve
technician workforce.
(3) To identify means to enhance the capability of
the Department of Defense to recruit and retain
National Guard and Reserve technicians.
(4) To assess the current career progression tracks
of National Guard and Reserve technicians.
(c) Consultation.--In conducting the review under
subsection (a), the Secretary of Defense shall consult with the
Chief of the National Guard Bureau, the Chief of Army Reserve,
the Chief of Air Force Reserve, and representatives of National
Guard and Reserve technicians, including collective bargaining
representatives of such technicians.
(d) Inclusion of Recent Authorities in Review.--The
Secretary of Defense shall ensure that the review conducted
under subsection (a) takes into account authorities, and
modifications of authorities, for the employment, use, and
status of National Guard and Reserve technicians contained in
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328).
(e) Required Review Elements.--In meeting the purposes of
the review conducted under subsection (a), as set forth in
subsection (b), the Secretary of Defense shall address, in
particular, the following:
(1) The extent to which National Guard and Reserve
technicians are assigned military duties inconsistent
with, or of a different nature than, their civilian
duties, the impact of such assignments on unit
readiness, and the effect of such assignments on the
career progression of technicians.
(2) The use by the Department of Defense
(especially within the National Guard) of selective
retention boards to separate National Guard and Reserve
technicians from military service (with the effect of
thereby separating them from civilian service) before
they accrue a full, unreduced retirement annuity in
connection with Federal civilian service, and whether
that use is consistent with the authority in section
10216(f) of title 10, United States Code, that
technicians be permitted to remain in service past
their mandatory separation date until they qualify for
an unreduced retirement annuity.
(3) The impact on recruitment and retention, and
the budgetary impact, of permitting National Guard and
Reserve technicians who receive an enlistment incentive
before becoming a technician to retain such incentive
upon becoming a technician.
(f) Reporting Requirement.--Not later than April 1, 2018,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing--
(1) the results of the review conducted under
subsection (a), including a discussion of the matters
set forth in subsections (b) and (e); and
(2) such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the review in order to improve
and enhance the employment, use, and status of National
Guard and Reserve technicians.
SEC. 575. ASSESSMENT AND REPORT ON EXPANDING AND CONTRACTING FOR
CHILDCARE SERVICES OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--The Secretary of Defense shall
conduct an assessment of the feasibility and advisability of
the following:
(1) Expanding the operating hours of childcare
facilities of the Department of Defense in order to
meet childcare services requirements for swing-shift,
night-shift, and weekend workers.
(2) Using contracts with private-sector childcare
services providers to expand the availability of
childcare services for members of the Armed Forces at
locations outside military installations at costs
similar to the current costs for childcare services
through child development centers on military
installations.
(3) Contracting with private-sector childcare
services providers to operate childcare facilities of
the Department on military installations.
(4) Expanding childcare services as described in
paragraphs (1) through (3) to members of the National
Guard and Reserves in a manner that does not
substantially raise costs of childcare services for the
military departments or conflict with others who have a
higher priority for space in childcare services
programs, such as members of the Armed Forces on active
duty.
(b) Reporting Requirement.--Not later than September 1,
2018, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of the
assessment conducted under subsection (a).
SEC. 576. REVIEW AND REPORT ON COMPENSATION PROVIDED CHILDCARE SERVICES
PROVIDERS OF THE DEPARTMENT OF DEFENSE.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the compensation provided for childcare
services providers within the Department of Defense, including
positions subject to General Schedule pay grades and positions
occupied by nonappropriated fund instrumentality employees.
(b) Elements of Review.--The review conducted under
subsection (a) shall include the following:
(1) A comparison of the compensation provided for
childcare services provider positions within the
Department with the compensation provided to childcare
services providers in the private sector who provide
similar childcare services.
(2) An assessment of the mix of General Schedule
pay grades and compensation levels for nonappropriated
fund instrumentality employees currently required by
the Department to most effectively recruit and retain
childcare services providers for dependents of members
of the Armed Forces.
(3) A comparison of the budget implications of the
current General Schedule pay grade mix and
nonappropriated fund instrumentality compensation
levels with the pay grade mix and compensation levels
determined pursuant to paragraph (2) to be required by
the Department to most effectively recruit and retain
childcare services providers for dependents of members
of the Armed Forces.
(c) Reporting Requirement.--Not later than September 1,
2018, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of the review
conducted under subsection (a).
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND
REPORT ON THE OFFICE OF COMPLEX INVESTIGATIONS
WITHIN THE NATIONAL GUARD BUREAU.
(a) Assessment Required.--The Comptroller General of the
United States shall conduct an assessment on the purpose,
structure, and effectiveness of the Office of Complex
Investigations within the National Guard Bureau.
(b) Elements of Assessment.--The assessment conducted under
subsection (a) shall address the following:
(1) The purpose of the Office of Complex
Investigations and the criteria used to determine which
cases will be investigated by the office.
(2) The services provided by the Office of Complex
Investigations.
(3) The authority under which the Office of Complex
Investigations may investigate violations of State law.
(4) The structure of the Office of Complex
Investigations, including--
(A) the number of individuals assigned,
both permanently and temporarily, to the
office;
(B) the organizational structure of the
office; and
(C) the annual budget of the office, the
source of funding, and the extent to which
States are required to reimburse the Department
of Defense for activities conducted by the
office.
(5) The extent to which the investigations
conducted by the Office of Complex Investigations could
be conducted by another State or Federal entity.
(6) The policies governing the Office of Complex
Investigations, and the extent to which the office
adheres to these policies.
(7) The training provided to investigators and
other employees of the Office of Complex
Investigations.
(8) Any other matters the Comptroller General
considers relevant to the assessment.
(c) Reporting Requirement.--Not later than October 31,
2018, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the results of the assessment conducted under
subsection (a).
SEC. 578. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER GENERAL OF THE
UNITED STATES REPORT ON INTEGRITY OF THE DEPARTMENT
OF DEFENSE WHISTLEBLOWER PROGRAM.
Section 536(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2124) is
amended by striking ``18 months after the date of the enactment
of this Act'' and inserting ``December 31, 2018''.
Subtitle I--Other Matters
SEC. 581. EXPANSION OF UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY
ENROLLMENT AUTHORITY TO INCLUDE CIVILIAN EMPLOYEES
OF THE HOMELAND SECURITY INDUSTRY.
(a) Definition.--Subsection (b) of section 9314a of title
10, United States Code, is amended to read as follows:
``(b) Covered Private Sector Employee Defined.--(1) In this
section, the term `covered private sector employee' means--
``(A) an individual employed by a private firm that
is engaged in providing to the Department of Defense
significant and substantial defense-related systems,
products, or services; or
``(B) an individual employed by a private firm in
one of the critical infrastructure sectors identified
in Presidential Policy Directive 21 (Critical
Infrastructure Security and Resilience).
``(2) A covered private sector employee admitted for
instruction at the United States Air Force Institute of
Technology remains eligible for such instruction only so long
as the person remains employed by the same firm.''.
(b) Use of Defined Term.--Section 9314a of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``defense industry
employees described in subsection (b)''
and inserting ``a covered private
sector employee''; and
(ii) by striking ``Any such defense
industry employee'' and inserting ``A
covered private sector employee'';
(B) in paragraph (2), by striking ``defense
industry employees'' and inserting ``covered
private sector employees''; and
(C) in paragraph (3), by striking ``defense
industry employee'' both places it appears and
inserting ``covered private sector employee'';
(2) in subsection (c)--
(A) by striking ``Defense industry
employees'' and inserting ``A covered private
sector employee''; and
(B) by striking ``defense industry
employees'' and inserting ``covered private
sector employees'';
(3) in subsection (d)(1), by striking ``defense
industry employees'' and inserting ``a covered private
sector employee''; and
(4) in subsection (f), by striking ``defense
industry employees'' and inserting ``covered private
sector employees''.
(c) Other Conforming Amendments.--Section 9314a of title
10, United States Code, is further amended--
(1) in subsection (a)(1), by striking ``a defense
focused'' and inserting ``a defense-focused or homeland
security-focused''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``or
homeland security'' after ``and defense''; and
(B) in paragraph (2), by inserting before
the period at the end the following: ``or the
Department of Homeland Security, as
applicable''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 9314a
of title 10, United States Code, is amended to read as
follows:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of certain private sector civilians''.
(2) Table of sections.--The table of sections at
the beginning of chapter 901 of title 10, United States
Code, is amended by striking the item relating to
section 9314a and inserting the following new item:
``9314a. United States Air Force Institute of Technology: admission of
certain private sector civilians.''.
SEC. 582. CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL CORPS
AS A BASIC BRANCH OF THE ARMY.
(a) Conditional Designation.--Subject to subsection (b),
section 3063(a) of title 10, United States Code, is amended--
(1) in paragraph (12), by striking ``and'';
(2) by redesignating paragraph (13) as paragraph
(14); and
(3) by inserting after paragraph (12) the following
new paragraph (13):
``(13) Explosive Ordnance Disposal Corps; and''.
(b) Delayed Effective Date and Condition on Execution.--
(1) Effective date.--The amendments made by
subsection (a) shall take effect on October 1, 2020,
but only if the report required by paragraph (2) is not
submitted before that date as required by such
paragraph.
(2) Reporting requirement.--Not later than
September 30, 2020, the Secretary of the Army shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
containing certifications that the following actions
have occurred as of that date:
(A) The defense budget materials display
funding requirements for explosive ordnance
disposal separately and a program of record is
established and maintained for explosive
ordnance disposal.
(B) A process has been established to
ensure that, by not later than five years after
the date of the enactment of this Act, there
is, and will continue to be, at least one
general officer in the Army qualified regarding
issues involving explosive ordnance disposal to
ensure officer professional development and
upward mobility.
(C) The Ordnance Personnel Proponency
Office is, and will continue to be, manned with
an explosive ordnance disposal officer to
oversee explosive ordnance disposal officer and
enlisted personnel proponency.
(D) Explosive ordnance disposal officer
education has been included in a basic officer
leadership course, a captains career course,
and a policy and planning course specific to
explosive ordnance disposal as part of
intermediate level education and pre-command
courses.
(E) The office of the Army Deputy Chief of
Staff, G8, and the office of the Army Deputy
Chief of Staff, G3, have, and will continue to
be, manned with explosive ordnance disposal
officers responsible for the decision
management decision packages, ammunition
organizational integration, and force
modernization related to explosive ordnance
disposal.
(F) The Army has established and maintained
explosive ordnance disposal cells at the Army
Forces Command, Army Service Component
Commands, Army Special Operations Command, Army
Training and Doctrine Command, and the Army
Capability and Integration Center.
(3) Notice of report.--The Secretary of the Army
shall notify the Law Revision Counsel of the House of
Representatives of the submission of the report under
paragraph (2) so that the Law Revision Counsel does not
execute the amendments made by subsection (a).
SEC. 583. DESIGNATION OF OFFICE WITHIN OFFICE OF THE SECRETARY OF
DEFENSE TO OVERSEE USE OF FOOD ASSISTANCE PROGRAMS
BY MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall designate an office or
official within the Office of the Secretary of Defense for
purposes as follows:
(1) To discharge responsibility for overseeing the
efforts of the Department of Defense to collect,
analyze, and monitor data on the use of food assistance
programs by members of the Armed Forces on active duty.
(2) To establish and maintain relationships with
other departments and agencies of the Federal
Government to facilitate the discharge of the
responsibility specified in paragraph (1).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
Subtitle A--Pay and Allowances
SECTION 601. ANNUAL ADJUSTMENT OF BASIC MONTHLY PAY.
The adjustment in the rates of monthly basic pay required
by subsection (a) of section 1009 of title 37, United States
Code, to be made on January 1, 2018, shall take effect,
notwithstanding any determination made by the President under
subsection (e) of such section with respect to an alternative
pay adjustment to be made on such date.
SEC. 602. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM MEMBERS
LIVING IN UNITS UNDER MILITARY HOUSING
PRIVATIZATION INITIATIVE.
(a) Prohibition.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2886. Prohibiting collection of amounts in addition to rent from
members assigned to units
``(a) Prohibition.--An agreement for acquiring or
constructing a military family housing unit or military
unaccompanied housing unit under this subchapter which is
entered into between the Secretary and an eligible entity shall
prohibit the entity from imposing on a member of the armed
forces who occupies the unit a supplemental payment, such as an
out-of-pocket fee, in addition to the amount of rent the
eligible entity charges for a unit of similar size and
composition, without regard to whether or not the amount of the
member's basic allowance for housing is less than the amount of
the rent.
``(b) Permitting Certain Additional Payments.--Nothing in
this section shall be construed to prohibit an eligible entity
from imposing an additional payment for optional services
provided to residents, such as access to a gym or a parking
space, or an additional payment for non-essential utility
services, as determined in accordance with regulations
promulgated by the Secretary.
``(c) No Effect on Rental Guarantees or Differential Lease
Payments.--Nothing in this section shall be construed to limit
or otherwise affect the authority of the Secretary to enter
into rental guarantee agreements under section 2876 of this
title or to make differential lease payments under section 2877
of this title, so long as such agreements or payments do not
require a member of the armed forces who is assigned to a
military family housing unit or military unaccompanied housing
unit under this subchapter to pay an out-of-pocket fee or
payment in addition to the member's basic housing allowance.''.
(b) Clerical Amendment.--The table of sections for
subchapter IV of chapter 169 of such title is amended by adding
at the end the following new item:
``2886. Prohibiting collection of amounts in addition to rent from
members assigned to units.''.
SEC. 603. LIMITATION ON MODIFICATION OF PAYMENT AUTHORITY FOR MILITARY
HOUSING PRIVATIZATION INITIATIVE HOUSING.
(a) In General.--For each month during 2018, the Secretary
of Defense shall pay to a lessor of covered housing 1 percent
of the amount calculated under section 403(b)(3)(A)(i) of title
37, United States Code, for the area in which the covered
housing exists.
(b) Definition.--In this section, the term ``covered
housing'' means a unit of housing--
(1) acquired or constructed under the alternative
authority of subchapter IV of chapter 169 of title 10,
United States Code (known as the Military Housing
Privatization Initiative);
(2) that is leased to a member of a uniformed
service who resides in such unit; and
(3) for which the lessor charges such member rent
that equals or exceeds the amount calculated under
section 403(b)(3)(A) of title 37, United States Code.
(c) GAO Review.--Not later than March 1, 2018, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a review of the following:
(1) The management of the Military Housing
Privatization Initiative to date.
(2) Plans for the Military Housing Privatization
Initiative after March 1, 2018.
(3) The viability of the Military Housing
Privatization Initiative after March 1, 2018.
(4) Alternatives to the Military Housing
Privatization Initiative.
SEC. 604. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES,
AND THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING
A PERMANENT CHANGE OF STATION WITHIN THE UNITED
STATES.
(a) Housing Treatment.--
(1) In general.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 403
the following new section:
``Sec. 403a. Housing treatment for certain members of the armed forces,
and their spouses and other dependents, undergoing
a permanent change of station within the United
States
``(a) Housing Treatment for Certain Members Who Have a
Spouse or Other Dependents.--
``(1) Housing treatment regulations.--The Secretary
of Defense shall prescribe regulations that permit a
member of the armed forces described in paragraph (2)
who is undergoing a permanent change of station within
the United States to request the housing treatment
described in subsection (b) during the covered
relocation period of the member.
``(2) Eligible members.--A member described in this
paragraph is any member who--
``(A) has a spouse who is gainfully
employed or enrolled in a degree, certificate
or license granting program at the beginning of
the covered relocation period;
``(B) has one or more dependents attending
an elementary or secondary school at the
beginning of the covered relocation period;
``(C) has one or more dependents enrolled
in the Exceptional Family Member Program; or
``(D) is caring for an immediate family
member with a chronic or long-term illness at
the beginning of the covered relocation period.
``(b) Housing Treatment.--
``(1) Continuation of housing for the spouse and
other dependents.--If a spouse or other dependent of a
member whose request under subsection (a) is approved
resides in Government-owned or Government-leased
housing at the beginning of the covered relocation
period, the spouse or other dependent may continue to
reside in such housing during a period determined in
accordance with the regulations prescribed pursuant to
this section.
``(2) Early housing eligibility.--If a spouse or
other dependent of a member whose request under
subsection (a) is approved is eligible to reside in
Government-owned or Government-leased housing following
the member's permanent change of station within the
United States, the spouse or other dependent may
commence residing in such housing at any time during
the covered relocation period.
``(3) Temporary use of government-owned or
government-leased housing intended for members without
a spouse or dependent.--If a spouse or other dependent
of a member relocates at a time different from the
member in accordance with a request approved under
subsection (a), the member may be assigned to
Government-owned or Government-leased housing intended
for the permanent housing of members without a spouse
or dependent until the member's detachment date or the
spouse or other dependent's arrival date, but only if
such Government-owned or Government-leased housing is
available without displacing a member without a spouse
or dependent at such housing.
``(4) Equitable basic allowance for housing.--If a
spouse or other dependent of a member relocates at a
time different from the member in accordance with a
request approved under subsection (a), the amount of
basic allowance for housing payable may be based on
whichever of the following areas the Secretary
concerned determines to be the most equitable:
``(A) The area of the duty station to which
the member is reassigned.
``(B) The area in which the spouse or other
dependent resides, but only if the spouse or
other dependent resides in that area when the
member departs for the duty station to which
the member is reassigned, and only for the
period during which the spouse or other
dependent resides in that area.
``(C) The area of the former duty station
of the member, but only if that area is
different from the area in which the spouse or
other dependent resides.
``(c) Rule of Construction Related to Certain Basic
Allowance for Housing Payments.--Nothing in this section shall
be construed to limit the payment or the amount of basic
allowance for housing payable under section 403(d)(3)(A) of
this title to a member whose request under subsection (a) is
approved.
``(d) Housing Treatment Education.--The regulations
prescribed pursuant to this section shall ensure the relocation
assistance programs under section 1056 of title 10 include, as
part of the assistance normally provided under such section,
education about the housing treatment available under this
section.
``(e) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to
subparagraph (B), the term `covered relocation period',
when used with respect to a permanent change of station
of a member of the armed forces, means the period
that--
``(i) begins 180 days before the date of
the permanent change of station; and
``(ii) ends 180 days after the date of the
permanent change of station.
``(B) The regulations prescribed pursuant to this
section may provide for a shortening or lengthening of
the covered relocation period of a member for purposes
of this section.
``(2) Dependent.--The term `dependent' has the
meaning given that term in section 401 of this title.
``(3) Permanent change of station.--The term
`permanent change of station' means a permanent change
of station described in section 452(b)(2) of t his
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 such title is amended by
inserting after the item relating to section 403 the
following new item:
``403a. Housing treatment for certain members of the armed forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2018.
SEC. 605. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN
CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018''.
SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA INCLUDING
STATEN ISLAND.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, using the most recent data
available to the Secretary, shall reevaluate the basic housing
allowance prescribed under section 403(b) of title 37, United
States Code, for the military housing area that includes Staten
Island, New York.
Subtitle B--Bonus and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for
enlisted members assigned to certain high-priority
units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve
enlistment and reenlistment bonus for persons with
prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with
prior service.
(7) Section 478a(e), relating to reimbursement of
travel expenses for inactive-duty training outside of
normal commuting distance.
(8) Section 910(g), relating to income replacement
payments for reserve component members experiencing
extended and frequent mobilization for active duty
service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'':
(1) Section 302c-1(f), relating to accession and
retention bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus
for registered nurses.
(3) Section 302e(a)(1), relating to incentive
special pay for nurse anesthetists.
(4) Section 302g(e), relating to special pay for
Selected Reserve health professionals in critically
short wartime specialties.
(5) Section 302h(a)(1), relating to accession bonus
for dental officers.
(6) Section 302j(a), relating to accession bonus
for pharmacy officers.
(7) Section 302k(f), relating to accession bonus
for medical officers in critically short wartime
specialties.
(8) Section 302l(g), relating to accession bonus
for dental specialist officers in critically short
wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 312(f), relating to special pay for
nuclear-qualified officers extending period of active
service.
(2) Section 312b(c), relating to nuclear career
accession bonus.
(3) Section 312c(d), relating to nuclear career
annual incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 331(h), relating to general bonus
authority for enlisted members.
(2) Section 332(g), relating to general bonus
authority for officers.
(3) Section 333(i), relating to special bonus and
incentive pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and
incentive pay authorities for officers in health
professions.
(6) Section 336(g), relating to contracting bonus
for cadets and midshipmen enrolled in the Senior
Reserve Officers' Training Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or
special duty pay.
(9) Section 353(i), relating to skill incentive pay
or proficiency bonus.
(10) Section 355(h), relating to retention
incentives for members qualified in critical military
skills or assigned to high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 301b(a), relating to aviation officer
retention bonus.
(2) Section 307a(g), relating to assignment
incentive pay.
(3) Section 308(g), relating to reenlistment bonus
for active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for
members of precommissioning programs pursuing foreign
language proficiency.
(6) Section 324(g), relating to accession bonus for
new officers in critical skills.
(7) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(8) Section 327(h), relating to incentive bonus for
transfer between Armed Forces.
(9) Section 330(f), relating to accession bonus for
officer candidates.
SEC. 616. REPORT REGARDING THE NATIONAL PILOT SHORTAGE.
(a) In General.--Not later than April 30, 2018, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report regarding the extent of the national
pilot shortage and the impact that such shortage has on the
ability of the Department of Defense to retain pilots.
(b) Elements.--The report under subsection (a) shall
include assessments of the following:
(1) The severity of the national pilot shortage,
including which of the following are most acutely
affected by such shortage--
(A) geographic areas of the United States;
and
(B) sectors of the commercial aviation
industry;
(2) Compensation practices within the commercial
aviation industry, including whether and how such
practices affect the ability of the Department of
Defense to retain pilots.
(3) The annual business case of the Secretary of
the Air Force for aviation bonus payments under section
334(c)(2) of title 37, United States Code,
specifically--
(A) whether the business case meets the
requirements under such section of title 37;
(B) whether the business case justifies the
bonus amount for each aircraft type category;
and
(C) whether projections indicate that the
business case will reduce the pilot shortage,
and, if so, how quickly for each aircraft type
category.
(4) Non-monetary incentives the Secretary of the
Air Force has used to retain pilots.
(5) Other incentives available under current law
and policies of the Department of Defense to increase
retention of pilots.
(6) Such other matters as the Comptroller General
considers appropriate.
SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES FOR
ENLISTED MEMBERS WHO OPERATE REMOTELY PILOTED
AIRCRAFT.
(a) In General.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 334 the following new
section:
``Sec. 334a. Special aviation incentive pay and bonus authorities:
enlisted members who operate remotely piloted
aircraft
``(a) Aviation Incentive Pay.--
``(1) Incentive pay authorized.--The Secretary
concerned may pay aviation incentive pay under this
section to an enlisted member in a regular or reserve
component of a uniformed service who--
``(A) is entitled to basic pay under
section 204 of this title or compensation under
206 of this title;
``(B) is designated as a remotely piloted
aircraft pilot, or is in training leading to
such a designation;
``(C) engages in, or is in training leading
to, frequent and regular performance of
operational flying duty or proficiency flying
duty;
``(D) engages in or remains in aviation
service for a specified period; and
``(E) meets such other criteria as the
Secretary concerned determines appropriate.
``(2) Enlisted members not currently engaged in
flying duty.--The Secretary concerned may pay aviation
incentive pay under this section to an enlisted member
who is otherwise qualified for such pay but who is not
currently engaged in the performance of operational
flying duty or proficiency flying duty if the Secretary
determines, under regulations prescribed under section
374 of this title, that payment of aviation pay to that
enlisted member is in the best interests of the
service.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an enlisted member in a
regular or reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) is within one year of completing the
enlistment of the member;
``(3) reenlists or voluntarily extends the
enlistment of the member--
``(A) for a period of at least one year; or
``(B) in the case of an enlisted member
serving pursuant to an indefinite reenlistment,
executes a written agreement--
``(i) to remain on active duty for
a period of at least one year; or
``(ii) to remain in an active
status in a reserve component for a
period of at least one year; and
``(4) meets such other criteria as the Secretary
concerned determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus or incentive pay
to be paid under this section, except that--
``(A) aviation incentive pay under
subsection (a) shall be paid at a monthly rate
not to exceed $1,000 per month; and
``(B) an aviation bonus under subsection
(b) may not exceed $35,000 for each 12-month
period of obligated service agreed to under
subsection (d).
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
bonus under this section, an enlisted member determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Enlisted Members Performing
Inactive Duty Training.--An enlisted member of reserve
component who is entitled to compensation under section 206 of
this title and who is authorized aviation incentive pay under
this section may be paid an amount of incentive pay that is
proportionate to the compensation received under section 206 of
this title for inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive
pay paid to an enlisted member under subsection (a)
shall be in addition to any other pay and allowance to
which the enlisted member is entitled, except that an
enlisted member may not receive a payment under such
subsection and section 351(a)(2) or 353(a) of this
title for the same skill and period of service.
``(2) Aviation bonus.--An aviation bonus paid to an
enlisted member under subsection (b) shall be in
addition to any other pay and allowance to which the
enlisted member is entitled, except that an enlisted
member may not receive a bonus payment under such
subsection and section 331 or 353(b) of this title for
the same skill and period of service.
``(g) Repayment.--An enlisted member who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of service
for which the incentive pay or bonus is paid, as specified in
the written agreement under subsection (d) in the case of a
bonus, shall be subject to the repayment provisions of section
373 of this title.
``(h) Definitions.--In this section:
``(1) Aviation service.--The term `aviation
service' means participation in aerial flight
performed, under regulations prescribed by the
Secretary concerned, by an eligible enlisted member who
is a remotely piloted aircraft pilot.
``(2) Operational flying duty.--The term
`operational flying duty' means flying performed under
competent orders by enlisted members of the regular or
reserve components while serving in assignments in
which basic flying skills are normally maintained in
the performance of assigned duties as determined by the
Secretary concerned, and flying duty performed by
members in training that leads to designation as a
remotely piloted aircraft pilot by the Secretary
concerned.
``(3) Proficiency flying duty.--The term
`proficiency flying duty' means flying performed under
competent orders by enlisted members of the regular or
reserve components while serving in assignments in
which such skills would normally not be maintained in
the performance of assigned duties.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2018.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 334 the following new item:
``334a. Special aviation incentive pay and bonus authorities: enlisted
members who operate remotely piloted aircraft.''.
SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 2008
CONSOLIDATION OF SPECIAL PAY AUTHORITIES.
(a) Repayment Provisions.--
(1) Title 10.--The following provisions of title
10, United States Code, are each amended by inserting
``or 373'' before ``of title 37'':
(A) Section 510(i).
(B) Subsections (a)(3) and (c) of section
2005.
(C) Paragraphs (1) and (2) of section
2007(e).
(D) Section 2105.
(E) Section 2123(e)(1)(C).
(F) Section 2128(c).
(G) Section 2130a(d).
(H) Section 2171(g).
(I) Section 2173(g)(2).
(J) Paragraphs (1) and (2) of section
2200a(e).
(K) Section 4348(f).
(L) Section 6959(f).
(M) Section 9348(f).
(N) Subsections (a)(2) and (b) of section
16135.
(O) Section 16203(a)(1)(B).
(P) Section 16301(h).
(Q) Section 16303(d).
(R) Paragraphs (1) and (2) of section
16401(f).
(2) Title 14.--Section 182(g) of title 14, United
States Code, is amended by inserting ``or 373'' before
``of title 37''.
(b) Officers Appointed Pursuant to an Agreement Under
Section 329 of Title 37.--Section 641 of title 10, United
States Code, is amended by striking paragraph (6).
(c) Reenlistment Leave.--The matter preceding paragraph (1)
of section 703(b) of title 10, United States Code, is amended
by inserting ``or paragraph (1) or (3) of section 351(a)''
after ``section 310(a)(2)''.
(d) Rest and Recuperation Absence for Qualified Members
Extending Duty at Designated Location Overseas.--The matter
following paragraph (4) of section 705(a) of title 10, United
States Code, is amended by inserting ``or 352'' after ``section
314''.
(e) Rest and Recuperation Absence for Certain Members
Undergoing Extended Deployment to Combat Zone.--Section
705a(b)(1)(B) of title 10, United States Code, is amended by
inserting ``or 352(a)'' after ``section 305''.
(f) Additional Incentives for Health Professionals of the
Indian Health Service.--Section 116(a) of the Indian Health
Care Improvement Act (25 U.S.C. 1616i(a)) is amended by
inserting ``or 335(b)'' after ``section 302(b)''.
(g) Military Pay and Allowances Continuance While in a
Missing Status.--Section 552(a)(2) of title 37, United States
Code, is amended by inserting ``or section 351(a)(2)'' after
``section 301''.
(h) Military Pay and Allowances.--Section 907(d) of title
37, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or
351'' after ``section 301'';
(B) in subparagraph (B), by inserting ``or
352'' after ``section 301c'';
(C) in subparagraph (C), by inserting ``or
353(a)'' after ``section 304'';
(D) in subparagraph (D), by inserting ``or
352'' after ``section 305'';
(E) in subparagraph (E), by inserting ``or
352'' after ``section 305a'';
(F) in subparagraph (F), by inserting ``or
352'' after ``section 305b'';
(G) in subparagraph (G), by inserting ``or
352'' after ``section 307a'';
(H) in subparagraph (I), by inserting ``or
352'' after ``section 314'';
(I) in subparagraph (J), by striking
``316'' and inserting ``353(b)''; and
(J) in subparagraph (K), by striking
``323'' and inserting ``section 355''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or
352'' after ``section 307'';
(B) in subparagraph (B), by striking
``308'' and inserting ``331'';
(C) in subparagraph (C), by striking
``309'' and inserting ``331''; and
(D) in subparagraph (D), by inserting ``or
353'' after ``section 320''.
(i) Pay and Allowances of Officers of the Public Health
Service.--Section 208(a)(2) of the Public Health Service Act
(42 U.S.C. 210(a)(2)) is amended by inserting ``or 373'' after
``303a(b)''.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
SEC. 621. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS OF SPECIAL
SURVIVOR INDEMNITY ALLOWANCES UNDER THE SURVIVOR
BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (H), by striking
``and'' at the end; and
(B) by striking subparagraph (I) and
inserting the following new subparagraphs:
``(I) for months from October 2016 through
December 2018, $310; and
``(J) for months during any calendar year
after 2018, the amount determined in accordance
with paragraph (6).''; and
(2) by striking paragraph (6) and inserting the
following new paragraph (6):
``(6) Cost-of-living adjustments after 2018.--
``(A) In general.--The amount of the
allowance payable under paragraph (1) for
months during any calendar year beginning after
2018 shall be--
``(i) the amount payable pursuant
to paragraph (2) for months during the
preceding calendar year, plus
``(ii) an amount equal to the
percentage of the amount determined
pursuant to clause (i) which percentage
is equal to the percentage increase in
retired pay of members and former
members of the armed forces for such
calendar year under section 1401a of
this title.
``(B) Public notice on amount of allowance
payable.--The Secretary of Defense shall
publish in the Federal Register each year the
amount of the allowance payable under paragraph
(1) for months in such year by reason of the
operation of this paragraph.''.
SEC. 622. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS ELECTING
LUMP SUM PAYMENTS OF RETIRED PAY UNDER THE
MODERNIZED RETIREMENT SYSTEM FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Definition of Base Amount.--Section 1447(6)(A) of title
10, United States Code, is amended in the matter preceding
clause (i) by inserting ``or 1415(b)(1)(B)'' after ``section
1409(b)(2)''.
(b) Coordination With Reductions in Retired Pay.--Section
1452 of such title is amended--
(1) in subsection (a)(1), by inserting ``, other
than retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' in the matter preceding
subparagraph (A) after ``, the retired pay'';
(2) in subsection (b)(1), by inserting ``, other
than retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' after ``The retired
pay''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``,
other than retired pay received as a lump sum
under section 1415(b)(1)(A) of this title,''
after ``The retired pay''; and
(B) in paragraph (4), by inserting ``or
1415(b)(1)(B)'' after ``section 1409(b)(2)''.
SEC. 623. TECHNICAL CORRECTION REGARDING ELECTION TO PARTICIPATE IN
MODERNIZED RETIREMENT SYSTEM FOR RESERVE COMPONENT
MEMBERS EXPERIENCING A BREAK IN SERVICE.
(a) Persons Experiencing a Break in Service.--Section
12739(f)(2)(B)(iii) of title 10, United States Code, is amended
by striking ``on the date of the reentry'' and inserting
``within 30 days after the date of the reentry''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendment made by section 631(b) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 843), to which the amendment made
by subsection (a) relates.
SEC. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER'S CURRENT PAY GRADE
AND YEARS OF SERVICE IN A DIVISION OF PROPERTY
INVOLVING DISPOSABLE RETIRED PAY.
(a) In General.--Section 1408 of title 10, United States
Code, is amended--
(1) in subsection (a)(4)--
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ``(as determined
pursuant to subparagraph (B)''; and
(B) by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) For purposes of subparagraph (A), in the case
of a division of property as part of a final decree of
divorce, dissolution, annulment, or legal separation
that becomes final prior to the date of a member's
retirement, the total monthly retired pay to which the
member is entitled shall be--
``(i) in the case of a member not described
in clause (ii), the amount of retired pay to
which the member would have been entitled using
the member's retired pay base and years of
service on the date of the decree of divorce,
dissolution, annulment, or legal separation, as
computed under section 1406 or 1407 of this
title, whichever is applicable, increased by
the sum of the cost-of-living adjustments
that--
``(I) would have occurred under
section 1401a(b) of this title between
the date of the decree of divorce,
dissolution, annulment, or legal
separation and the time of the member's
retirement using the adjustment
provisions under section 1401a of this
title applicable to the member upon
retirement; and
``(II) occur under 1401a of this
title after the member's retirement; or
``(ii) in the case of a member who becomes
entitled to retired pay pursuant to chapter
1223 of this title, the amount of retired pay
to which the member would have been entitled
using the member's retired pay base and
creditable service points on the date of the
decree of divorce, dissolution, annulment, or
legal separation, as computer under chapter
1223 of this title, increased by the sum of the
cost-of-living adjustments as described in
clause (i) that apply with respect to the
member.''; and
(2) in subsection (d), by adding at the end the
following new paragraph:
``(8) A division of property award computed as a percentage
of a member's disposable retired pay shall be increased by the
same percentage as any cost-of-living adjustment made under
section 1401a after the member's retirement.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on December 23, 2016, as if enacted
immediately following the enactment of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) to
which such amendments relate.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to any division of property as part of
a final decree of divorce, dissolution, annulment, or legal
separation involving a member of the Armed Forces to which
section 1408 of title 10, United States Code, applies that
becomes final after December 23, 2016.
SEC. 625. CONTINUATION PAY FOR THE COAST GUARD.
For providing continuation pay for the United States Coast
Guard under section 356 of title 37, United States Code, funds
are hereby authorized to be appropriated for fiscal year 2018
in the amount of $3,286,277.
Subtitle D--Other Matters
SEC. 631. LAND CONVEYANCE AUTHORITY, ARMY AND AIR FORCE EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) Conveyance Authorized.--The Army and Air Force Exchange
Service may convey, by sale, exchange, or a combination
thereof, all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, that--
(1) is located at 8901 Autobahn Drive in Dallas,
Texas; and
(2) was purchased using nonappropriated funds of
the Army and Air Force Exchange Service.
(b) Consideration.--
(1) In general.--Consideration for the real
property conveyed under subsection (a) shall be at
least equal to the fair market value of the property,
as determined by the Army and Air Force Exchange
Service.
(2) Treatment of cash consideration.--
Notwithstanding section 574 of title 40, United States
Code, any cash consideration received from the
conveyance of the property under subsection (a) may be
retained by the Army and Air Force Exchange Service
because the property was acquired using nonappropriated
funds.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Army and Air Force Exchange Service. The recipient of the
property shall be required to cover the cost of the survey.
(d) Additional Terms and Conditions.--The Army and Air
Force Exchange Service may require such additional terms and
conditions in connection with the conveyance under subsection
(a) as the Army and Air Force Exchange Service considers
appropriate to protect the interests of the United States.
(e) Inapplicability of Certain Provisions of Law.--Section
2696 of title 10, United States Code, shall not apply to a
conveyance of property under this section.
SEC. 632. AUTHORITY FOR THE SECRETARIES OF THE MILITARY DEPARTMENTS TO
PROVIDE FOR CARE OF REMAINS OF THOSE WHO DIE ON
ACTIVE DUTY AND ARE INTERRED IN A FOREIGN CEMETERY.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) In the case of a decedent under the
jurisdiction of a Secretary of a military department at
the time of death, enduring care of remains interred in
a foreign cemetery if the burial location was
designated by such Secretary.''.
SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR FOOTWEAR
FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES
ON INITIAL ENTRY INTO THE ARMED FORCES.
Section 418(d) of title 37, United States Code, is amended
by adding at the end the following new paragraphs:
``(4) This subsection does not apply to the furnishing of
athletic footwear to members of the Army, the Navy, the Air
Force, or the Marine Corps upon their initial entry into the
armed forces, or prohibit the provision of a cash allowance to
such members for such purpose, if the Secretary of Defense
determines that compliance with paragraph (2) would result in a
sole source contract for procurement of athletic footwear for
the purpose stated in paragraph (1) because there would be only
a sole certified source of supply for such footwear.
``(5) The Secretary of Defense shall ensure that all
procurements of athletic footwear to which this subsection
applies are made using firm fixed price contracts.''.
SEC. 634. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT COLLECTORS
INTERACTIONS WITH UNIT COMMANDERS OF MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall review and update
Department of Defense Directive 1344.09 and any associated
regulations to ensure that such regulations comply with Federal
consumer protection laws with respect to the collection of
debt.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF THE
UNIFORMED SERVICES FOR CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
(a) TRICARE Reserve Select.--Paragraph (2) of section
1076d(f) of title 10, United States Code, is amended to read as
follows:
``(2) The term `TRICARE Reserve Select' means--
``(A) medical care at facilities of the
uniformed services to which a dependent
described in section 1076(a)(2) of this title
is entitled; and
``(B) health benefits under the TRICARE
Select self-managed, preferred provider network
option under section 1075 of this title made
available to beneficiaries by reason of this
section and subject to the cost-sharing
requirements set forth in such section 1075.''.
(b) TRICARE Retired Reserve.--Section 1076e is amended--
(1) In subsection (b), in the subsection heading,
by striking ``Retired Reserve'';
(2) In subsection (c), by striking ``Retired
Reserve'' the last place it appears; and
(3) in subsection (f), by striking paragraph (2)
and inserting the following:
``(2) The term `TRICARE Retired Reserve' means--
``(A) medical care at facilities of the
uniformed services to which a dependent
described in section 1076(a)(2) of this title
is entitled; and
``(B) health benefits under the TRICARE
Select self-managed, preferred provider network
option under section 1075 of this title made
available to beneficiaries by reason of this
section and subject to the cost-sharing
requirements set forth in such section 1075.''.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE TRICARE
PHARMACY BENEFITS PROGRAM AND TREATMENT OF CERTAIN
PHARMACEUTICAL AGENTS.
(a) In General.--Paragraph (6) of section 1074g(a) of title
10, United States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2018 through 2027,
the cost-sharing amounts under this subsection for eligible
covered beneficiaries shall be determined in accordance with
the following table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for a 30- amount for day amount for a 90-day
``For: day a 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2018 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2019 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2020 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2021 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2022 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2023 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2024 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2025 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2026 $16 $48 $14 $44 $85
------------------------------------------------------------------------
2027 $16 $48 $14 $44 $85
------------------------------------------------------------------------
``(B) For any year after 2027, the cost-sharing amounts
under this subsection for eligible covered beneficiaries shall
be equal to the cost-sharing amounts for the previous year
adjusted by an amount, if any, determined by the Secretary to
reflect changes in the costs of pharmaceutical agents and
prescription dispensing, rounded to the nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-
sharing amounts under this subsection for a dependent of a
member of the uniformed services who dies while on active duty,
a member retired under chapter 61 of this title, or a dependent
of a member retired under such chapter shall be equal to the
cost-sharing amounts, if any, for 2017.''.
(b) Treatment of Certain Pharmaceutical Agents.--
(1) Pharmacy benefits program.--Such section is
amended by adding at the end the following new
paragraph:
``(10) Notwithstanding paragraphs (2), (5), and (6), in
order to encourage the use by covered beneficiaries of
pharmaceutical agents that provide the best clinical
effectiveness to covered beneficiaries and the Department of
Defense (as determined by the Secretary, including
considerations of better care, healthier people, and smarter
spending), the Secretary may, upon the recommendation of the
Pharmacy and Therapeutics Committee established under
subsection (b) and review by the Uniform Formulary Beneficiary
Advisory Panel established under subsection (c)--
``(A) exclude from the pharmacy benefits program
any pharmaceutical agent that the Secretary determines
provides very little or no clinical effectiveness to
covered beneficiaries and the Department under the
program; and
``(B) give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by
treating it, for purposes of cost-sharing under
paragraph (6), as a generic product under the TRICARE
retail pharmacy program and mail order pharmacy
program.''.
(2) Medical contracts.--Section 1079 of such title
is amended by adding at the end the following new
subsection:
``(q) In the case of any pharmaceutical agent (as defined
in section 1074g(g) of this title) provided under a contract
entered into under this section by a physician, in an
outpatient department of a hospital, or otherwise as part of
any medical services provided under such a contract, the
Secretary of Defense may, under regulations prescribed by the
Secretary, adopt special reimbursement methods, amounts, and
procedures to encourage the use of high-value products and
discourage the use of low-value products, as determined by the
Secretary.''.
(3) Regulations.--In order to implement
expeditiously the reforms authorized by the amendments
made by paragraphs (1) and (2), the Secretary of
Defense may prescribe such changes to the regulations
implementing the TRICARE program (as defined in section
1072 of title 10, United States Code) as the Secretary
considers appropriate--
(A) by prescribing an interim final rule;
and
(B) not later than one year after
prescribing such interim final rule and
considering public comments with respect to
such interim final rule, by prescribing a final
rule.
SEC. 703. PROVISION OF HYPERBARIC OXYGEN THERAPY FOR CERTAIN MEMBERS OF
THE ARMED FORCES.
(a) HBOT Treatment.--
(1) In general.--Chapter 55 of title 10, United
States Code, is amended by inserting after section
1074n the following new section:
``Sec. 1074o. Provision of hyperbaric oxygen therapy for certain
members
``(a) In General.--The Secretary may furnish hyperbaric
oxygen therapy available at a military medical treatment
facility to a covered member if such therapy is prescribed by a
physician to treat post-traumatic stress disorder or traumatic
brain injury.
``(b) Covered Member Defined.--In this section, the term
`covered member' means a member of the armed forces who is--
``(1) serving on active duty; and
``(2) diagnosed with post-traumatic stress disorder
or traumatic brain injury.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 1074n the following
new item:
``1074o. Provision of hyperbaric oxygen therapy for certain members.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
SEC. 704. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 ARE
ELIGIBLE FOR HOSPICE CARE SERVICES UNDER THE
TRICARE PROGRAM.
Section 1079(a)(15) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, except that hospice care may be provided to an
individual under the age of 21 concurrently with health care
services or hospitalization for the same condition''.
SEC. 705. PHYSICAL EXAMINATIONS FOR MEMBERS OF A RESERVE COMPONENT WHO
ARE SEPARATING FROM THE ARMED FORCES.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Physical Examinations for Certain Members of a
Reserve Component.--(1) The Secretary concerned shall provide a
physical examination pursuant to subsection (a)(5) to each
member of a reserve component who--
``(A) during the two-year period before the date on
which the member is scheduled to be separated from the
armed forces served on active duty in support of a
contingency operation for a period of more than 30
days;
``(B) will not otherwise receive such an
examination under such subsection; and
``(C) elects to receive such a physical
examination.
``(2) The Secretary concerned shall--
``(A) provide the physical examination under
paragraph (1) to a member during the 90-day period
before the date on which the member is scheduled to be
separated from the armed forces; and
``(B) issue orders to such a member to receive such
physical examination.
``(3) A member may not be entitled to health care benefits
pursuant to subsection (a), (b), or (c) solely by reason of
being provided a physical examination under paragraph (1).
``(4) In providing to a member a physical examination under
paragraph (1), the Secretary concerned shall provide to the
member a record of the physical examination.''.
SEC. 706. MENTAL HEALTH ASSESSMENTS BEFORE MEMBERS SEPARATE FROM THE
ARMED FORCES.
(a) In General.--Section 1145(a)(5)(A) of title 10, United
States Code, is amended by inserting ``and a mental health
assessment conducted pursuant to section 1074n of this title''
after ``a physical examination''.
(b) Conforming Amendment.--Section 1074n(a) of such title
is amended by inserting ``(and before separation from active
duty pursuant to section 1145(a)(5)(A) of this title)'' after
``each calendar year''.
SEC. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR
MEMBERS OF THE RESERVE COMPONENTS.
Section 1720D(a)(2)(A) of title 38, United States Code, is
amended--
(1) by striking ``on active duty''; and
(2) by inserting before the period at the end the
following: ``that was suffered by the member while
serving on active duty, active duty for training, or
inactive duty training''.
SEC. 708. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL SURGERY UNDER
THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall implement
processes and procedures to ensure that a covered beneficiary
under the TRICARE program whose pregnancy is complicated with
(or suspected of complication with) a fetal condition may elect
to receive expedited evaluation, nondirective counseling, and
medical treatment from a perinatal or pediatric specialist
capable of providing surgical management and intervention in
utero.
(b) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given
those terms in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. MAINTENANCE OF INPATIENT CAPABILITIES OF MILITARY MEDICAL
TREATMENT FACILITIES LOCATED OUTSIDE THE UNITED
STATES.
Section 1073d of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e) Maintenance of Inpatient Capabilities at Military
Medical Treatment Facilities Located Outside the United
States.--(1) In carrying out subsection (a), the Secretary of
Defense shall ensure that each covered facility maintains, at a
minimum, inpatient capabilities that the Secretary determines
are similar to the inpatient capabilities of such facility on
September 30, 2016.
``(2) The Secretary may not eliminate the inpatient
capabilities of a covered facility until the day that is 180
days after the Secretary provides a briefing to the Committees
on Armed Services of the Senate and the House of
Representatives regarding the proposed elimination. During any
such briefing, the Secretary shall certify the following:
``(A) The Secretary has entered into agreements
with hospitals or medical centers in the host nation of
such covered facility that--
``(i) replace the inpatient capabilities
the Secretary proposes to eliminate; and
``(ii) ensure members of the armed forces
and covered beneficiaries who receive health
care from such covered facility, have, within a
distance the Secretary determines is
reasonable, access to quality health care,
including case management and translation
services.
``(B) The Secretary has consulted with the
commander of the geographic combatant command in which
such covered facility is located to ensure that the
proposed elimination would have no impact on the
operational plan for such geographic combatant command.
``(C) Before the Secretary eliminates the inpatient
capabilities of such covered facility, the Secretary
shall provide each member of the armed forces or
covered beneficiary who receives health care from the
covered facility with--
``(i) a transition plan for continuity of
health care for such member or covered
beneficiary; and
``(ii) a public forum to discuss the
concerns of the member or covered beneficiary
regarding the proposed reduction.
``(3) In this subsection, the term `covered facility' means
a military medical treatment facility located outside the
United States.''.
SEC. 712. MODIFICATION OF PRIORITY FOR EVALUATION AND TREATMENT OF
INDIVIDUALS AT MILITARY TREATMENT FACILITIES.
Subsection (b) of section 717 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended to read as follows:
``(b) Priority of Covered Beneficiaries.--
``(1) In general.--Except as provided in paragraph
(2), the evaluation and treatment of covered
beneficiaries at military treatment facilities shall be
prioritized ahead of the evaluation and treatment of
veterans and civilians at such facilities under
subsection (a).
``(2) Waiver.--The Secretary may waive the
requirement under paragraph (1) in order to provide
timely evaluation and treatment for individuals who
are--
``(A) severely wounded or injured by acts
of terror that occur in the United States; or
``(B) residents of the United States who
are severely wounded or injured by acts of
terror outside the United States.''.
SEC. 713. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1073c(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(E), by striking ``miliary''
and inserting ``military'';
(2) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``commander'' and
inserting ``military commander or director''; and
(3) by adding at the end the following new
paragraph:
``(4) If the Secretary of Defense determines it
appropriate, a military director (or any other senior military
officer or officers) of a military medical treatment facility
may be a commanding officer for purposes of chapter 47 of this
title (the Uniform Code of Military Justice) with respect to
military personnel assigned to the military medical treatment
facility.''.
SEC. 714. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER
TRICARE RETAIL PHARMACY PROGRAM.
Section 1074g(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) With respect to the TRICARE retail pharmacy program
described in subsection (a)(2)(E)(ii), the Secretary shall
ensure that a contract entered into with a TRICARE pharmacy
program contractor includes requirements described in section
1860D-12(b)(6) of the Social Security Act (42 U.S.C. 1395w-
112(b)(6)) to ensure the provision of information regarding the
pricing standard for prescription drugs.''.
SEC. 715. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING
RESPONSIBILITIES.
Subsection (b) of section 705 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended to read as follows:
``(b) Execution of Contracting Responsibility.--With
respect to any acquisition of managed care support services
under the TRICARE program initiated after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2018, the Under Secretary of Defense for Acquisition and
Sustainment shall be responsible for--
``(1) decisions relating to such acquisition;
``(2) approving the acquisition strategy; and
``(3) conducting pre-solicitation, pre-award, and
post-award acquisition reviews.''.
SEC. 716. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE
DEATHS AND SEVERITY OF INJURIES CAUSED BY AGENTS OF
WAR.
Section 1107a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Additional Authority to Reduce Deaths and Severity of
Injuries Caused by Agents of War.--(1) In a case in which an
emergency use of an unapproved product or an emergency
unapproved use of an approved product cannot be authorized
under section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3) because the emergency does not involve an
actual or threatened attack with a biological, chemical,
radiological, or nuclear agent or agents, the Secretary of
Defense may authorize an emergency use outside the United
States of the product to reduce the number of deaths or the
severity of harm to members of the armed forces (or individuals
associated with deployed members of the armed forces) caused by
a risk or agent of war.
``(2) Except as otherwise provided in this subsection, an
authorization by the Secretary under paragraph (1) shall have
the same effect with respect to the armed forces as an
emergency use authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
``(3) The Secretary may issue an authorization under
paragraph (1) with respect to the emergency use of an
unapproved product or the emergency unapproved use of an
approved product only if--
``(A) the committee established under paragraph (5)
has recommended that the Secretary issue the
authorization; and
``(B) the Assistant Secretary of Defense for Health
Affairs makes a written determination, after
consultation with the Commissioner of Food and Drugs,
that, based on the totality of scientific evidence
available to the Assistant Secretary, criteria
comparable to those specified in section 564(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
3(c)) have been met.
``(4) With respect to the emergency use of an unapproved
product or the emergency unapproved use of an approved product
under this subsection, the Secretary of Defense shall establish
such scope, conditions, and terms under this subsection as the
Secretary considers appropriate, including scope, conditions,
and terms comparable to those specified in section 564 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
``(5)(A) There is established in the Department of Defense
a Department of Defense Emergency Use Authorization Committee
(in this paragraph referred to as the `Committee') to advise
the Assistant Secretary of Defense for Health Affairs on
proposed authorizations under this subsection.
``(B) Members of the Committee shall be appointed by the
Secretary of Defense and shall consist of prominent health care
professionals who are not employees of the Department of
Defense (other than for purposes of serving as a member of the
Committee).
``(C) The Committee may be established as a subcommittee of
another Federal advisory committee.
``(6) In this subsection:
``(A) The term `biological product' has the meaning
given that term in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
``(B) The terms `device' and `drug' have the
meanings given those terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(C) The term `product' means a drug, device, or
biological product.
``(D) The terms `unapproved product' and
`unapproved use of an approved product' have the
meanings given those terms in section 564(a)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
3(a)(4)).''.
SEC. 717. MODIFICATION OF DETERMINATION OF AVERAGE WAIT TIMES AT URGENT
CARE CLINICS AND PHARMACIES AT MILITARY MEDICAL
TREATMENT FACILITIES UNDER PILOT PROGRAM.
(a) Urgent Care Clinics.--Subsection (c)(2) of section 744
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended to read as follows:
``(2) Determination.--In carrying out paragraph
(1), the Secretary shall determine the average wait
time to display under such paragraph by using a formula
derived from best practices in the health care
industry.''.
(b) Pharmacies.--Subsection (d)(2) of such section is
amended to read as follows:
``(2) Determination.--In carrying out paragraph
(1), the Secretary shall determine the average wait
time to display under such paragraph by using a formula
derived from best practices in the health care
industry.''.
SEC. 718. REQUIREMENT FOR REIMBURSEMENT BY DEPARTMENT OF DEFENSE TO
ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS
FOR COSTS OF VACCINES PROVIDED TO COVERED
BENEFICIARIES.
Section 719 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1074g note) is
amended--
(1) in the section heading, by striking
``authorization of reimbursement'' and inserting
``reimbursement''; and
(2) in subsection (a)(1), by striking ``may'' and
inserting ``shall''.
SEC. 719. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as
amended by section 722 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291), section 723 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), and
section 741(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), is further amended by
striking ``September 30, 2018'' and inserting ``September 30,
2019''.
SEC. 720. RESIDENCY REQUIREMENTS FOR PODIATRISTS.
(a) Requirement.--In addition to any other qualification
required by law or regulation, the Secretary of Defense shall
ensure that to serve as a podiatrist in the Armed Forces, an
individual must have successfully completed a three-year
podiatric medicine and surgical residency.
(b) Application.--Subsection (a) shall apply with respect
to an individual who is commissioned as an officer in the Armed
Forces on or after the date that is one year after the date of
the enactment of this Act.
SEC. 721. AUTHORIZATION OF PHYSICAL THERAPIST ASSISTANTS AND
OCCUPATIONAL THERAPY ASSISTANTS TO PROVIDE SERVICES
UNDER THE TRICARE PROGRAM.
(a) Addition to List of Authorized Professional Providers
of Care.--The Secretary of Defense shall revise section
199.6(c) of title 32, Code of Federal Regulations, as in effect
on the date of the enactment of this Act, to add to the list of
individual professional providers of care who are authorized to
provide services to beneficiaries under the TRICARE program, as
defined in section 1072 of title 10, United States Code, the
following types of health care practitioners:
(1) Licensed or certified physical therapist
assistants who meet the qualifications for physical
therapist assistants specified in section 484.4 of
title 42, Code of Federal Regulations, or any successor
regulation, to furnish services under the supervision
of a physical therapist.
(2) Licensed or certified occupational therapy
assistants who meet the qualifications for occupational
therapy assistants specified in such section 484.4, or
any successor regulation, to furnish services under the
supervision of an occupational therapist.
(b) Supervision.--The Secretary of Defense shall establish
in regulations requirements for the supervision of physical
therapist assistants and occupational therapy assistants,
respectively, by physical therapists and occupational
therapists, respectively.
(c) Manuals and Other Guidance.--The Secretary of Defense
shall update the CHAMPVA Policy Manual and other relevant
manuals and subregulatory guidance of the Department of Defense
to carry out the revisions and requirements of this section.
SEC. 722. SELECTION OF MILITARY COMMANDERS AND DIRECTORS OF MILITARY
MEDICAL TREATMENT FACILITIES.
(a) In General.--Not later than January 1, 2019, the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall establish the common
qualifications and core competencies required for an individual
to serve as a military commander or director of a military
medical treatment facility.
(b) Objective.--The objective of the Secretary under this
section shall be to ensure that each individual selected to
serve as a military commander or director of a military medical
treatment facility is highly qualified to serve as health
system executive.
(c) Standards.--In establishing common qualifications and
core competencies under subsection (a), the Secretary shall
include standards with respect to the following:
(1) Professional competence.
(2) Moral and ethical integrity and character.
(3) Formal education in health care executive
leadership and in health care management.
(4) Such other matters the Secretary determines to
be appropriate.
Subtitle C--Reports and Other Matters
SEC. 731. PILOT PROGRAM ON HEALTH CARE ASSISTANCE SYSTEM.
(a) Pilot Program.--The Secretary of Defense shall carry
out a pilot program to provide a health care assistance service
to certain covered beneficiaries enrolled in TRICARE Select
using purchased care to improve the health outcomes and patient
experience for covered beneficiaries with complex medical
conditions.
(b) Elements.--The pilot program under subsection (a) may
include the following elements:
(1) Assisting beneficiaries with complex medical
conditions to understand and use the health benefits
under the TRICARE program.
(2) Supporting such beneficiaries in accessing and
navigating the purchased care health care delivery
system.
(3) Providing such beneficiaries with information
to allow the beneficiaries to make informed decisions
regarding the quality, safety, and cost of available
health care services.
(4) Improving the health outcomes for such
beneficiaries.
(c) Duration.--The Secretary shall carry out the pilot
program for an amount of time determined appropriate by the
Secretary during the five-year period beginning 180 days after
the date of the enactment of this Act.
(d) Report.--Not later than January 1, 2021, the Secretary
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing an
evaluation of the success of the pilot program under subsection
(a), including--
(1) an analysis of the implementation of the
elements under subsection (b); and
(2) the feasibility of incorporating such elements
into TRICARE support contracts.
(e) Definitions.--In this section, the terms ``covered
beneficiary'', ``TRICARE program'', and ``TRICARE Select'' have
the meaning given those terms in section 1072 of title 10,
United States Code.
SEC. 732. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON MENTAL
HEALTH READINESS OF PART-TIME MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a feasibility study and cost estimate for a pilot
program that uses predictive analytics and screening to
identify mental health risk and provide early, targeted
intervention for part-time members of the reserve components of
the Armed Forces to improve readiness and mission success.
(b) Elements.--The feasibility study conducted under
subsection (a) shall include elements to assess the following
with respect to the pilot program studied under such
subsection:
(1) The anticipated improvement in quality of
behavioral health services for part-time members of the
reserve components of the Armed Forces and the impact
of such improvement in quality of behavioral health
services on their families and employers.
(2) The anticipated impact on the culture
surrounding behavioral health treatment and help-
seeking behavior.
(3) The feasibility of embedding mental health
professionals with units that--
(A) perform core mission sets and
capabilities; and
(B) carry out high-risk and high-demand
missions.
(4) The particular preventative mental health needs
of units at different states of their operational
readiness cycle.
(5) The need for additional personnel of the
Department of Defense to implement the pilot program.
(6) The cost of implementing the pilot program
throughout the reserve components of the Armed Forces.
(7) The benefits of an integrated operational
support team for the Air National Guard and Army
National Guard units.
(c) Comparison to Full-time Members of Reserve
Components.--As part of the feasibility study conducted under
subsection (a), the Secretary shall assess the mental health
risk of part-time members of the reserve components of the
Armed Forces as compared to full-time members of the reserve
components of the Armed Forces.
(d) Use of Existing Models.--In conducting the feasibility
study under subsection (a), the Secretary, to the extent
practicable, shall make use of existing models for preventative
mental health care.
SEC. 733. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND RELATED SERVICES
FOR CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan of
the Department of Defense to improve pediatric care and related
services for children of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) In order to ensure that children receive
developmentally appropriate and age-appropriate health
care services from the Department, a plan to align
preventive pediatric care under the TRICARE program
with--
(A) standards for such care as required by
the Patient Protection and Affordable Care Act
(Public Law 111-148);
(B) guidelines established for such care by
the Early and Periodic Screening, Diagnosis,
and Treatment program under the Medicaid
program carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
and
(C) recommendations by organizations that
specialize in pediatrics.
(2) A plan to develop a uniform definition of
``pediatric medical necessity'' for the Department that
aligns with recommendations of organizations that
specialize in pediatrics in order to ensure that a
consistent definition of such term is used in providing
health care in military treatment facilities and by
health care providers under the TRICARE program.
(3) A plan to develop measures to evaluate and
improve access to pediatric care, coordination of
pediatric care, and health outcomes for such children.
(4) A plan to include an assessment of access to
pediatric specialty care in the annual report to
Congress on the effectiveness of the TRICARE program.
(5) A plan to improve the quality of and access to
behavioral health care under the TRICARE program for
children of members of the Armed Forces, including
intensive outpatient and partial hospitalization
services.
(6) A plan to mitigate the impact of permanent
changes of station and other service-related
relocations of members of the Armed Forces on the
continuity of health care services received by such
children who have special medical or behavioral health
needs.
(7) A plan to mitigate deficiencies in data
collection, data utilization, and data analysis to
improve pediatric care and related services for
children of members of the Armed Forces.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in section
1072 of title 10, United States Code.
SEC. 734. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF
MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall conduct a
longitudinal medical study on blast pressure exposure of
members of the Armed Forces during combat and training,
including members who train with any high overpressure weapon
system, such as anti-tank recoilless rifles or heavy-caliber
sniper rifles.
(b) Elements.--The study required under subsection (a)
shall--
(1) monitor, record, and analyze data on blast
pressure exposure for any member of the Armed Forces
who is likely to be exposed to a blast in training or
combat;
(2) assess the feasibility and advisability of
including blast exposure history as part of the service
record of a member, as a blast exposure log, in order
to ensure that, if medical issues arise later, the
member receives care for any service-connected
injuries; and
(3) review the safety precautions surrounding heavy
weapons training to account for emerging research on
blast exposure and the effects of such exposure on
cognitive performance of members of the Armed Forces.
(c) Reports.--
(1) Interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an interim
report on the study methods and action plan for the
study under subsection (a).
(2) Final report.--Not later than four years after
the date the Secretary begins the study under
subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the results of
such study.
SEC. 735. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.
(a) Study.--The Secretary of Defense shall conduct a study
on the effectiveness of the training provided to military
health care providers regarding opioid prescribing practices,
initiatives in opioid safety, the use of the VA/DOD Clinical
Practice Guideline for Management of Opioid Therapy for Chronic
Pain, and other related training.
(b) Elements.--The study under subsection (a) shall address
the effectiveness of training with respect to the following:
(1) Identifying and treating individuals with
chronic pain.
(2) Reducing the total number of prescription
opioids dispensed by the Department of Defense to
beneficiaries of health care furnished by the
Department.
(3) Prescribing practices for opioid analgesic
therapy, including--
(A) reducing average dosage sizes;
(B) reducing the average number of dosages;
(C) reducing initial and average durations
of opioid analgesic therapy;
(D) reducing dose escalation when opioid
analgesic therapy results in adequate pain
reduction; and
(E) reducing the average number of
prescription opioid analgesics dispensed by the
Department of Defense.
(4) Reducing the number of overdoses due to
prescription opioids for patients with acute pain and
patients undergoing opioid therapy for chronic pain.
(5) Providing counseling and referrals to treatment
alternatives to opioid analgesics.
(6) Providing education on the risks of opioid
medications to individuals for whom such medications
are prescribed, and to their families, with special
consideration given to raising awareness among
adolescents on such risks.
(7) Effectiveness in communicating to military
health care providers changes in policies of the
Department of Defense regarding opioid safety and
prescribing practices.
(c) Assessment.--The Secretary of Defense shall also
consider the feasibility and advisability of further
strengthening opioid prescribing practices by means of the
following:
(1) Developing and implementing a physician
advisory committee of the Department of Defense
regarding education programs for prescribers of opioid
analgesics.
(2) Developing methods to encourage health care
providers of the Department to use physical therapy or
alternative methods to treat acute or chronic pain.
(3) Developing curricula regarding pain management
and safe opioid analgesic prescription practices that
incorporate opioid analgesic prescribing guidelines
issued by the Centers for Disease Control and
Prevention.
(d) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the results of the study under
subsection (a) and the assessment under subsection (c).
SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit a report to the
congressional defense committees on the implementation by the
Department of Defense of the recommendations from the
Government Accountability Office report entitled ``Actions
Needed to Ensure Post-Traumatic Stress Disorder and Traumatic
Brain Injury Are Considered in Misconduct Separations'' and
published May 16, 2017.
SEC. 737. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN
INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED
FORCES TO TOXIC SUBSTANCES.
(a) In General.--The Secretary of Defense shall conduct a
declassification review of documents related to any known
incident in which not fewer than 100 members of the Armed
Forces were intentionally exposed to a toxic substance that
resulted in at least one case of a disability that a member of
the medical profession has determined to be associated with
that toxic substance.
(b) Limitation.--The declassification required by
subsection (a) shall be limited to information necessary for an
individual who was potentially exposed to a toxic substance to
determine the following:
(1) Whether that individual was exposed to that
toxic substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may have
resulted from exposure to that toxic substance.
(c) Exception.--The Secretary of Defense is not required to
declassify documents under subsection (a) if the Secretary
determines that declassification of those documents would
materially and immediately threaten the security of the United
States.
(d) Definitions.--In this section:
(1) Armed forces.--The term ``Armed Forces'' has
the meaning given that term in section 101 of title 10,
United States Code.
(2) Exposed.--The term ``exposed'' means, with
respect to a toxic substance, that an individual came
into contact with that toxic substance in a manner that
could be hazardous to the health of that individual,
that may include if that toxic substance was inhaled,
ingested, or touched the skin or eyes.
(3) Exposure.--The term ``exposure'' means, with
respect to a toxic substance, an event during which an
individual was exposed to that toxic substance.
(4) Toxic substance.--The term ``toxic substance''
means any substance determined by the Administrator of
the Environmental Protection Agency to be harmful to
the environment or hazardous to the health of an
individual if inhaled or ingested by or absorbed
through the skin of that individual.
SEC. 738. COORDINATION BY VETERANS HEALTH ADMINISTRATION OF EFFORTS TO
UNDERSTAND EFFECTS OF BURN PITS.
The Under Secretary for Health of the Department of
Veterans Affairs, acting through the Office of Public Health of
the Veterans Health Administration, shall coordinate efforts
related to furthering understanding of burn pits, the effect of
burn pits on veterans, and effective treatments relating to
such effects, including with respect to research efforts and
training of clinical staff on related matters.
SEC. 739. TRICARE TECHNICAL AMENDMENTS.
(a) Definition of TRICARE Standard.--Paragraph (15) of
section 1072 of title 10, United States Code, is amended to
read as follows:
``(15) The term `TRICARE Standard' means the
TRICARE program made available prior to January 1,
2018, covering health benefits contracted for under the
authority of section 1079(a) or 1086(a) of this title
and subject to the same rates and conditions as apply
to persons covered under those sections.''.
(b) Cost-sharing Amounts.--
(1) TRICARE select.--
(A) Allowance of cost-sharing amounts as
determined by the secretary.--Subsection (d) of
section 1075 of such title is amended by adding
at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in paragraph
(1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance
civilian network.--Paragraph (1) of such
subsection is amended, in the first column of
the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance
civilian network''.
(2) TRICARE prime.--
(A) Allowance of cost-sharing amounts as
determined by the secretary.--Subsection (b) of
section 1075a of such title is amended by
adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in paragraph
(1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance
civilian network.--Paragraph (1) of such
section is amended, in the first column of the
table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance
civilian network''.
(c) Medical Care for Dependents.--
(1) Reference to medically necessary vitamins.--
Paragraphs (3) and (18) of section 1077(a) of such
title are amended by striking ``subsection (g)'' each
place it appears and inserting ``subsection (h)''.
(2) Eligibility of dependents to purchase hearing
aids.--Section 1077(g) of such title is amended by
striking ``of former members of the uniformed
services'' and inserting ``eligible for care under this
section''.
(d) Modification of Reference to Fiscal Year.--
(1) Contracts for medical care for spouses and
children.--Section 1079(b) such title is amended by
striking ``fiscal year'' each place it appears and
inserting ``calendar year''.
(2) Contracts for health benefits for certain
members, former members, and their dependents.--Section
1086(b) of such title is amended by striking ``fiscal
year'' each place it appears and inserting ``calendar
year''.
(e) Referrals and Preauthorizations for TRICARE Prime.--
(1) Preauthorization for care at residential
treatment centers.--Section 1095f(b) of such title is
amended by adding at the end the following new
paragraph:
``(4) Inpatient care at a residential treatment
center.''.
(2) Reference.--Section 1075a(c) of such title is
amended by striking ``section 1075f(a)'' and inserting
``section 1095f(a)''.
(f) Applicability of Premium for Dependent Coverage.--
Section 1110b(c)(1) of such title is amended by striking
``section 1075 of this section'' and inserting ``section 1075
or 1075a of this title, as appropriate''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
Subtitle A--Acquisition Policy and Management
SEC. 801. STATEMENTS OF PURPOSE FOR DEPARTMENT OF DEFENSE ACQUISITION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall revise the Defense
Federal Acquisition Regulation Supplement to include the
following statements of purpose:
(1) The defense acquisition system (as defined in
section 2545 of title 10, United States Code) exists to
manage the investments of the United States in
technologies, programs, and product support necessary
to achieve the national security strategy prescribed by
the President pursuant to section 108 of the National
Security Act of 1947 (50 U.S.C. 3043) and to support
the United States Armed Forces.
(2) The investment strategy of the Department of
Defense shall be postured to support not only the
current United States Armed Forces, but also future
Armed Forces of the United States.
(3) The primary objective of Department of Defense
acquisition is to acquire quality products that satisfy
user needs with measurable improvements to mission
capability and operational support, in a timely manner,
and at a fair and reasonable price.
SEC. 802. MANAGEMENT OF INTELLECTUAL PROPERTY MATTERS WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Management of Intellectual Property.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section 2321
the following new section:
``Sec. 2322. Management of intellectual property matters within the
Department of Defense
``(a) Policy Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall develop policy on the acquisition or
licensing of intellectual property--
``(1) to enable coordination and consistency across
the military departments and the Department of Defense
in strategies for acquiring or licensing intellectual
property and communicating with industry;
``(2) to ensure that program managers are aware of
the rights afforded the Federal Government and
contractors in intellectual property and that program
managers fully consider and use all available
techniques and best practices for acquiring or
licensing intellectual property early in the
acquisition process; and
``(3) to encourage customized intellectual property
strategies for each system based on, at a minimum, the
unique characteristics of the system and its
components, the product support strategy for the
system, the organic industrial base strategy of the
military department concerned, and the commercial
market.
``(b) Cadre of Intellectual Property Experts.--(1) The
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition and Sustainment, shall establish a
cadre of personnel who are experts in intellectual property
matters. The purpose of the cadre is to ensure a consistent,
strategic, and highly knowledgeable approach to acquiring or
licensing intellectual property by providing expert advice,
assistance, and resources to the acquisition workforce on
intellectual property matters, including acquiring or licensing
intellectual property.
``(2) The Under Secretary shall establish an appropriate
leadership structure and office within which the cadre shall be
managed, and shall determine the appropriate official to whom
members of the cadre shall report.
``(3) The cadre of experts shall be assigned to a program
office or an acquisition command within a military department
to advise, assist, and provide resources to a program manager
or program executive officer on intellectual property matters
at various stages of the life cycle of a system. In performing
such duties, the experts shall--
``(A) interpret and provide counsel on laws,
regulations, and policies relating to intellectual
property;
``(B) advise and assist in the development of an
acquisition strategy, product support strategy, and
intellectual property strategy for a system;
``(C) conduct or assist with financial analysis and
valuation of intellectual property;
``(D) assist in the drafting of a solicitation,
contract, or other transaction;
``(E) interact with or assist in interactions with
contractors, including communications and negotiations
with contractors on solicitations and awards; and
``(F) conduct or assist with mediation if technical
data delivered pursuant to a contract is incomplete or
does not comply with the terms of agreements.
``(4)(A) In order to achieve the purpose set forth in
paragraph (1), the Under Secretary shall ensure the cadre has
the appropriate number of staff and such staff possesses the
necessary skills, knowledge, and experience to carry out the
duties under paragraph (2), including in relevant areas of law,
contracting, acquisition, logistics, engineering, financial
analysis, and valuation. The Under Secretary, in coordination
with the Defense Acquisition University and in consultation
with academia and industry, shall develop a career path,
including development opportunities, exchanges, talent
management programs, and training, for the cadre. The Under
Secretary may use existing authorities to staff the cadre,
including those in subparagraphs (B), (C), (D), and (F).
``(B) Civilian personnel from within the Office of the
Secretary of Defense, Joint Staff, military departments,
Defense Agencies, and combatant commands may be assigned to
serve as members of the cadre, upon request of the Director.
``(C) The Under Secretary may use the authorities for
highly qualified experts under section 9903 of title 5, to hire
experts as members of the cadre who are skilled professionals
in intellectual property and related matters.
``(D) The Under Secretary may enter into a contract with a
private-sector entity for specialized expertise to support the
cadre. Such entity may be considered a covered Government
support contractor, as defined in section 2320 of this title.
``(E) In establishing the cadre, the Under Secretary shall
give preference to civilian employees of the Department of
Defense, rather than members of the armed forces, to maintain
continuity in the cadre.
``(F) The Under Secretary is authorized to use amounts in
the Defense Acquisition Workforce Development Fund for the
purpose of recruitment, training, and retention of the cadre,
including paying salaries of newly hired members of the cadre
for up to three years.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2322. Management of intellectual property matters within the
Department of Defense.''.
(b) Additional Acquisition Position.--Subsection 1721(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(12) Intellectual property.''.
SEC. 803. PERFORMANCE OF INCURRED COST AUDITS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2313a the following
new section:
``Sec. 2313b. Performance of incurred cost audits
``(a) Compliance With Standards of Risk and Materiality.--
Not later than October 1, 2020, the Secretary of Defense shall
comply with commercially accepted standards of risk and
materiality in the performance of each incurred cost audit of
costs associated with a contract of the Department of Defense.
``(b) Conditions for the Use of Qualified Auditors to
Perform Incurred Cost Audits.--(1) To support the need of the
Department of Defense for timely and effective incurred cost
audits, and to ensure that the Defense Contract Audit Agency is
able to allocate resources to higher-risk and more complex
audits, the Secretary of Defense shall use qualified private
auditors to perform a sufficient number of incurred cost audits
of contracts of the Department of Defense to--
``(A) eliminate, by October 1, 2020, any backlog of
incurred cost audits of the Defense Contract Audit
Agency;
``(B) ensure that incurred cost audits are
completed not later than one year after the date of
receipt of a qualified incurred cost submission;
``(C) maintain an appropriate mix of Government and
private sector capacity to meet the current and future
needs of the Department of Defense for the performance
of incurred cost audits;
``(D) ensure that qualified private auditors
perform incurred cost audits on an ongoing basis to
improve the efficiency and effectiveness of the
performance of incurred cost audits; and
``(E) limit multiyear auditing to ensure that
multiyear auditing is conducted only--
``(A) to address outstanding incurred cost
audits for which a qualified incurred cost
submission was submitted to the Defense
Contract Audit Agency more than 12 months
before the date of the enactment of this
section; or
``(B) when the contractor being audited
submits a written request, including a
justification for the use of multiyear
auditing, to the Under Secretary of Defense
(Comptroller).
``(2) The Secretary of Defense shall consult with Federal
agencies that have awarded contracts or task orders to
qualified private auditors to ensure that the Department of
Defense is using, as appropriate, best practices relating to
contracting with qualified private auditors.
``(3) The Secretary of Defense shall ensure that a
qualified private auditor performing an incurred cost audit
under this section--
``(A) has no conflict of interest in performing
such an audit, as defined by generally accepted
government auditing standards;
``(B) possesses the necessary independence to
perform such an audit, as defined by generally accepted
government auditing standards;
``(C) signs a nondisclosure agreement, as
appropriate, to protect proprietary or nonpublic data;
``(D) accesses and uses proprietary or nonpublic
data furnished to the qualified private auditor only
for the purposes stated in the contract;
``(E) takes all reasonable steps to protect
proprietary and nonpublic data furnished during the
audit; and
``(F) does not use proprietary or nonpublic data
provided to the qualified private auditor under the
authority of this section to compete for Government or
nongovernment contracts.
``(c) Procedures for the Use of Qualified Private
Auditors.--(1) Not later than October 1, 2018, the Secretary of
Defense shall submit to the congressional defense committees a
plan to implement the requirements of subsection (b). Such plan
shall include, at a minimum--
``(A) a description of the incurred cost audits
that the Secretary determines are appropriate to be
conducted by qualified private auditors, including the
approximate number and dollar value of such incurred
cost audits;
``(B) an estimate of the number and dollar value of
incurred cost audits to be conducted by qualified
private auditors for each of the fiscal years 2019
through 2025 necessary to meet the requirements of
subsection (b); and
``(C) all other elements of an acquisition plan as
required by the Federal Acquisition Regulation.
``(2) Not later than April 1, 2019, the Secretary of
Defense or a Federal department or agency authorized by the
Secretary shall award a contract or issue a task order under an
existing contract to two or more qualified private auditors to
perform incurred cost audits of costs associated with contracts
of the Department of Defense. The Defense Contract Management
Agency or a contract administration office of a military
department shall use a contract or a task order awarded or
issued pursuant to this paragraph for the performance of an
incurred cost audit, if doing so will assist the Secretary in
meeting the requirements in subsection (b).
``(3) To improve the quality of incurred cost audits and
reduce duplication of performance of such audits, the Secretary
of Defense may provide a qualified private auditor with
information on past or ongoing audit results or other relevant
information on the entities the qualified private auditor is
auditing.
``(4) The Secretary of Defense shall consider the results
of an incurred cost audit performed under this section without
regard to whether the Defense Contract Audit Agency or a
qualified private auditor performed the audit.
``(5) The contracting officer for a contract that is the
subject of an incurred cost audit shall have the sole
discretion to determine what action should be taken based on an
audit finding on direct costs of the contract.
``(d) Qualified Private Auditor Requirements.--(1) A
qualified private auditor awarded a contract or issued an task
order under subsection (c)(2) shall conduct an incurred cost
audit in accordance with the generally accepted government
auditing standards.
``(2) A qualified private auditor awarded a contract or
issued an task order under subsection (c)(2) shall develop and
maintain complete and accurate working papers on each incurred
cost audit. All working papers and reports on the incurred cost
audit prepared by such qualified private auditor shall be the
property of the Department of Defense, except that the
qualified private auditor may retain a complete copy of all
working papers to support such reports made pursuant to this
section.
``(3) A breach of contract by a qualified private auditor
with respect to use of proprietary or nonpublic data may
subject the qualified private auditor to--
``(A) criminal, civil, administrative, and
contractual actions for penalties, damages, and other
appropriate remedies by the United States; and
``(B) civil actions for damages and other
appropriate remedies by the contractor or subcontractor
whose data are affected by the breach.
``(e) Peer Review.--(1) Effective October 1, 2022, the
Defense Contract Audit Agency may issue unqualified audit
findings for an incurred cost audit only if the Defense
Contract Audit Agency is peer reviewed by a commercial auditor
and passes such peer review. Such peer review shall be
conducted in accordance with the peer review requirements of
generally accepted government auditing standards, including the
requirements related to frequency of peer reviews, and shall be
deemed to meet the requirements of the Defense Contract Audit
Agency for a peer review under such standards.
``(2) Not later than October 1, 2019, the Secretary of
Defense shall provide to the Committees on Armed Services of
the Senate and the House of Representatives an update on the
process of securing a commercial auditor to perform the peer
review referred to in paragraph (1).
``(f) Numeric Materiality Standards for Incurred Cost
Audits.--(1) Not later than October 1, 2020, the Department of
Defense shall implement numeric materiality standards for
incurred cost audits to be used by auditors that are consistent
with commercially accepted standards of risk and materiality.
``(2) Not later than October 1, 2019, the Secretary of
Defense shall submit to the congressional defense committees a
report containing proposed numeric materiality standards
required under paragraph (1). In developing such standards, the
Secretary shall consult with commercial auditors that conduct
incurred cost audits, the advisory panel authorized under
section 809 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889), and other
governmental and nongovernmental entities with relevant
expertise.
``(g) Timeliness of Incurred Cost Audits.--(1) The
Secretary of Defense shall ensure that all incurred cost audits
performed by qualified private auditors or the Defense Contract
Audit Agency are performed in a timely manner.
``(2) The Secretary of Defense shall notify a contractor of
the Department of Defense within 60 days after receipt of an
incurred cost submission from the contractor whether the
submission is a qualified incurred cost submission.
``(3) With respect to qualified incurred cost submissions
received on or after the date of the enactment of this section,
audit findings shall be issued for an incurred cost audit not
later than one year after the date of receipt of such qualified
incurred cost submission.
``(4) Not later than October 1, 2020, and subject to
paragraph (5), if audit findings are not issued within one year
after the date of receipt of a qualified incurred cost
submission, the audit shall be considered to be complete and no
additional audit work shall be conducted.
``(5) The Under Secretary of Defense (Comptroller) may
waive the requirements of paragraph (4) on a case-by-case basis
if the Director of the Defense Contract Audit Agency submits a
written request. The Director of the Defense Contract Audit
Agency shall include in the report required under section 2313a
of this title the total number of waivers issued and the
reasons for issuing each such waiver.
``(h) Review of Audit Performance.--Not later than April 1,
2025, the Comptroller General of the United States shall submit
to the congressional defense committees a report that evaluates
for the period beginning on October 1, 2019, and ending on
August 31, 2023--
``(1) the timeliness, individual cost, and quality
of incurred cost audits, set forth separately by
incurred cost audits performed by the Defense Contract
Audit Agency and by qualified private auditors;
``(2) the cost to contractors of the Department of
Defense for incurred cost audits, set forth separately
by incurred cost audits performed by the Defense
Contract Audit Agency and by qualified private
auditors;
``(3) the effect, if any, on other types of audits
conducted by the Defense Contract Audit Agency that
results from incurred cost audits conducted by
qualified private auditors; and
``(4) the capability and capacity of qualified
private auditors to conduct incurred cost audits for
the Department of Defense.
``(i) Definitions.--In this section:
``(1) The term `commercial auditor' means a private
entity engaged in the business of performing audits.
``(2) The term `incurred cost audit' means an audit
of charges to the Government by a contractor under a
flexibly priced contract.
``(3) The term `flexibly priced contract' has the
meaning given the term `flexibly-priced contracts and
subcontracts' in part 30 of the Federal Acquisition
Regulation (section 30.001 of title 48, Code of Federal
Regulations).
``(4) The term `generally accepted government
auditing standards' means the generally accepted
government auditing standards of the Comptroller
General of the United States.
``(5) The term `numeric materiality standard' means
a dollar amount of misstatements, including omissions,
contained in an incurred cost audit that would be
material if the misstatements, individually or in the
aggregate, could reasonably be expected to influence
the economic decisions of the Government made on the
basis of the incurred cost audit.
``(6) The term `qualified incurred cost submission'
means a submission by a contractor of costs incurred
under a flexibly priced contract that has been
qualified by the Department of Defense as sufficient to
conduct an incurred cost audit.
``(7) The term `qualified private auditor' means a
commercial auditor--
``(A) that performs audits in accordance
with generally accepted government auditing
standards; and
``(B) that has received a passing peer
review rating, as defined by generally accepted
government auditing standards.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2313a the following new item:
``2313b. Performance of incurred cost audits.''.
(c) Amendment to Duties of the Advisory Panel on
Streamlining and Codifying Acquisition Regulations.--Subsection
(c)(2) of section 809 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889), as
amended by section 863(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2303),
is amended--
(1) in subparagraph (D) by striking ``and'' at the
end;
(2) by redesignating subparagraph (E) as
subparagraph (F);
(3) by adding after subparagraph (D) the following
new subparagraph:
``(E) improve the efficiency of the
contract auditing process, including through
the development of risk-based materiality
standards; and''; and
(4) in subparagraph (F) (as so redesignated), by
striking ``subparagraphs (A) through (D)'' and
inserting ``subparagraphs (A) through (E)''.
SEC. 804. REPEAL OF CERTAIN AUDITING REQUIREMENTS.
Section 190 of title 10, United States Code, as proposed to
be added by section 820(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2274), is amended by striking subsection (f).
SEC. 805. INCREASED SIMPLIFIED ACQUISITION THRESHOLD.
Section 134 of title 41, United States Code, is amended by
striking ``$100,000'' and inserting ``$250,000''.
SEC. 806. REQUIREMENTS RELATED TO THE MICRO-PURCHASE THRESHOLD.
(a) Increase in Threshold.--Section 1902(a)(1) of title 41,
United States Code, is amended by striking ``$3,000'' and
inserting ``$10,000''.
(b) Convenience Checks.--A convenience check may not be
used for an amount in excess of one half of the micro-purchase
threshold under section 1902(a) of title 41, United States
Code, or a lower amount established by the head of the agency.
SEC. 807. PROCESS FOR ENHANCED SUPPLY CHAIN SCRUTINY.
(a) Process.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall establish
a process for enhancing scrutiny of acquisition decisions in
order to improve the integration of supply chain risk
management into the overall acquisition decision cycle.
(b) Elements.--The process under subsection (a) shall
include the following elements:
(1) Designation of a senior official responsible
for overseeing the development and implementation of
the process.
(2) Development or integration of tools to support
commercial due-diligence, business intelligence, or
otherwise analyze and monitor commercial activity to
understand business relationships with entities
determined to be threats to the United States.
(3) Development of risk profiles of products or
services based on commercial due-diligence tools and
data services.
(4) Development of education and training curricula
for the acquisition workforce that supports the
process.
(5) Integration, as needed, with intelligence
sources to develop threat profiles of entities
determined to be threats to the United States.
(6) Periodic review and assessment of software
products and services on computer networks of the
Department of Defense to remove prohibited products or
services.
(7) Synchronization of the use of current
authorities for making supply chain decisions,
including section 806 of Public Law 111-383 (10 U.S.C.
2304 note) or improved use of suspension and debarment
officials.
(8) Coordination with interagency, industrial, and
international partners, as appropriate, to share
information, develop Government-wide strategies for
dealing with significant entities determined to be
significant threats to the United States, and
effectively use authorities in other departments and
agencies to provide consistent, Government-wide
approaches to supply chain threats.
(9) Other matters as the Secretary considers
necessary.
(c) Notification.--Not later than 90 days after
establishing the process required by subsection (a), the
Secretary shall provide a written notification to the
Committees on Armed Services of the Senate and House of
Representatives that the process has been established. The
notification also shall include the following:
(1) Identification of the official designated under
subsection (b)(1).
(2) Identification of tools and services currently
available to the Department of Defense under subsection
(b)(2).
(3) Assessment of additional tools and services
available under subsection (b)(2) that the Department
of Defense should evaluate.
(4) Identification of, or recommendations for, any
statutory changes needed to improve the effectiveness
of the process.
(5) Projected resource needs for implementing any
recommendations made by the Secretary.
SEC. 808. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Chief Management Officer, shall form a committee of
senior executives from United States firms in the national
technology and industrial base to meet with the Secretary, the
Secretaries of the military departments, and members of the
Joint Chiefs of Staff to exchange information, including, as
appropriate, classified information, on technology threats to
the national security of the United States and on the emerging
technologies from the national technology and industrial base
that may become available to counter such threats in a timely
manner.
(b) Meetings.--The defense policy advisory committee on
technology formed pursuant to subsection (a) shall meet with
the Secretary and the other Department of Defense officials
specified in such subsection collectively at least once
annually in each of fiscal years 2018 through 2022. The
Secretary of Defense shall provide the congressional defense
committees annual briefings on the meetings.
(c) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the defense
policy advisory committee on technology established pursuant to
this section.
SEC. 809. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION, AND
SUSTAINMENT AUTHORITIES OF THE MILITARY DEPARTMENTS
TO THE UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Review.--The Secretary of Defense shall carry out a
review of the authorities available to the Secretaries of the
military departments and the acquisition executives of the
military departments for the development, acquisition, and
sustainment of technology, equipment, and services for the
military departments in order to determine the feasibility and
advisability of the provision of such authorities to the
Commander of the United States Special Operations Command and
the acquisition executive of the Command for the development,
acquisition, and sustainment of special operations-peculiar
technology, equipment, and services.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by subsection
(a). The report shall include the following:
(1) A description of the review.
(2) An identification of the authorities the
Secretary recommends for provision to the Commander of
the United States Special Operations Command and the
acquisition executive of the Command as described in
subsection (a), and recommendations for any
modifications of such authorities that the Secretary
considers appropriate for purposes of the United States
Special Operations Command.
(3) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate for the provision of authorities identified
pursuant to paragraph (2) as described in subsection
(a).
(4) Such other matters as the Secretary considers
appropriate in light of the review.
SEC. 810 . TECHNICAL AND CONFORMING AMENDMENTS RELATED TO PROGRAM
MANAGEMENT PROVISIONS.
(a) Repeal of Duplicative Provision Related to Program and
Project Management.--Subsection (c) of section 503 of title 31,
United States Code, as added by section 861(a)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2298), is repealed.
(b) Repeal of Duplicative Provision Related to Program
Management Officers and Program Management Policy Council.--
Section 1126 of title 31, United States Code, as added by
section 861(b)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2299), is
repealed.
(c) Repeal of Obsolete Provisions.--Section 861 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2299) is repealed.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. MODIFICATIONS TO COST OR PRICING DATA AND REPORTING
REQUIREMENTS.
(a) Modifications to Submissions of Cost or Pricing Data.--
(1) Title 10.--Subsection (a) of section 2306a of
title 10, United States Code, is amended--
(A) by striking ``December 5, 1990'' each
place it appears and inserting ``June 30,
2018'';
(B) by striking ``December 5, 1991'' each
place it appears and inserting ``July 1,
2018'';
(C) by striking ``$100,000'' each place it
appears and inserting ``$750,000'';
(D) in paragraph (1)--
(i) in subparagraphs (A)(i),
(B)(i), (C)(i), (C)(ii), and (D)(i), by
striking ``$500,000'' and inserting
``$2,000,000''; and
(ii) in subparagraph (B)(ii), by
striking ``$500,000'' and inserting
``$750,000'';
(E) in paragraph (6), by striking
``December 5, 1990'' and inserting ``June 30,
2018''; and
(F) in paragraph (7), by striking ``to the
amount'' and all that follows through ``higher
multiple of $50,000.'' and inserting ``in
accordance with section 1908 of title 41.''.
(2) Title 41.--Section 3502 of title 41, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking ``October 13,
1994'' each place it appears and
inserting ``June 30, 2018'';
(ii) by striking ``$100,000'' each
place it appears and inserting
``$750,000'';
(iii) in paragraphs (1)(A), (2)(A),
(3)(A), (3)(B), and (4)(A), by striking
``$500,000'' and inserting
``$2,000,000''; and
(iv) in paragraph (2)(B), by
striking ``$500,000'' and inserting
``$750,000'';
(B) in subsection (f), by striking
``October 13, 1994'' and inserting ``June 30,
2018''; and
(C) in subsection (g), by striking ``to the
amount'' and all that follows through ``higher
multiple of $50,000.'' and inserting ``in
accordance with section 1908.''.
(b) Modification to Authority to Require Submission.--
Paragraph (1) of section 2306a(d) of title 10, United States
Code, is amended by striking ``the contracting officer shall
require submission of'' and all the follows through ``to the
extent necessary'' and inserting ``the offeror shall be
required to submit to the contracting officer data other than
certified cost or pricing data (if requested by the contracting
officer), to the extent necessary''.
(c) Comptroller General Review of Modifications to Cost or
Pricing Data Submission Requirements.--Not later than March 1,
2022, the Comptroller General of the United States shall submit
to the congressional defense committees a report on the
implementation and effect of the amendments made by subsections
(a) and (b).
(d) Requirements for Defense Contract Audit Agency
Report.--
(1) In general.--Section 2313a of title 10, United
States Code, is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (A)--
(I) by inserting ``and
dollar value'' after
``number''; and
(II) by inserting ``, set
forth separately by type of
audit'' after ``pending'';
(ii) in subparagraph (C), by
inserting ``, both from the date of
receipt of a qualified incurred cost
submission and from the date the audit
begins'' after ``audit'';
(iii) by amending subparagraph (D)
to read as follows:
``(D) the sustained questioned costs, set
forth separately by type of audit, both as a
total value and as a percentage of the total
questioned costs for the audit;'';
(iv) by striking subparagraph (E);
and
(v) by inserting after subparagraph
(D) the following new subparagraphs:
``(E) the total number and dollar value of
incurred cost audits completed, and the method
by which such incurred cost audits were
completed;
``(F) the aggregate cost of performing
audits, set forth separately by type of audit;
``(G) the ratio of sustained questioned
costs to the aggregate costs of performing
audits, set forth separately by type of audit;
and
``(H) the total number and dollar value of
audits that are pending for a period longer
than one year as of the end of the fiscal year
covered by the report, and the fiscal year in
which the qualified submission was received,
set forth separately by type of audit;''; and
(B) by adding at the end the following new
subsection:
``(d) Definitions.--
``(1) The terms `incurred cost audit' and
`qualified incurred cost submission' have the meaning
given those terms in section 2313b of this title.
``(2) The term `sustained questioned costs' means
questioned costs that were recovered by the Federal
Government as a result of contract negotiations related
to such questioned costs.''.
(2) Exemption to report termination requirements.--
Section 1080(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note), as amended by section
1061(j) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2405;
10 U.S.C. 111 note), does not apply to the report
required to be submitted to Congress under section
2313a of title 10, United States Code.
(e) Adjustment to Value of Covered Contracts for
Requirements Relating to Allowable Costs.--Subparagraph (B) of
section 2324(l)(1) of title 10, United States Code, is amended
by striking ``to the equivalent'' and all that follows through
``higher multiple of $50,000.'' and inserting ``in accordance
with section 1908 of title 41.''.
SEC. 812. APPLICABILITY OF COST AND PRICING DATA CERTIFICATION
REQUIREMENTS.
Section 830(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended--
(1) in paragraph (1)(A), by striking ``same
product'' and inserting ``same or similar product'';
(2) by redesignating paragraph (2) as paragraph
(4); and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) Determination of same or similar product.--
The Secretary of Defense and the Secretary of State
shall jointly determine whether a product is considered
to be a similar product for the purposes of this pilot
program.
``(3) Waiver of cost or pricing certification.--The
Secretary of Defense may waive the certification
requirement under section 2306a(a)(2) of title 10,
United States Code, if the Secretary determines that
the Federal Government has sufficient data and
information regarding the reasonableness of the
price.''.
SEC. 813. SUNSET OF CERTAIN PROVISIONS RELATING TO THE PROCUREMENT OF
GOODS OTHER THAN UNITED STATES GOODS.
(a) Chemical Weapons Antidote.--Section 2534(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) Chemical weapons antidote.--Subsections
(a)(2) and (b)(2) shall cease to be effective on
October 1, 2018.''.
(b) Photovoltaic Devices.--Effective October 1, 2018,
section 858 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 2534 note) is repealed.
SEC. 814. COMPTROLLER GENERAL REPORT ON HEALTH AND SAFETY RECORDS.
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Secretary of Defense and the congressional defense
committees a report on the safety and health records of
Department of Defense contractors.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A description of the existing
procedures of the Department of Defense to
evaluate the safety and health records of
current and prospective contractors.
(B) An evaluation of the adherence of the
Department of Defense to such procedures.
(C) An assessment of the current incidence
of safety and health violations by Department
of Defense contractors.
(D) An assessment of whether the Secretary
of Labor has the resources to investigate and
identify safety and health violations by
Department of Defense contractors.
(E) An assessment of whether the Secretary
of Labor should consider assuming an expanded
investigatory role or a targeted enforcement
program for ensuring the safety and health of
individuals working under Department of Defense
contracts.
SEC. 815. LIMITATION ON UNILATERAL DEFINITIZATION.
(a) Limitation.--Section 2326 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c), (d), (e),
(f), (g), (h), and (i) as subsections (d), (e), (f),
(g), (h), (i), and (j) respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Limitation on Unilateral Definitization by
Contracting Officer.--With respect to any undefinitized
contractual action with a value greater than $50,000,000, if
agreement is not reached on contractual terms, specifications,
and price within the period or by the date provided in
subsection (b)(1), the contracting officer may not unilaterally
definitize those terms, specifications, or price over the
objection of the contractor until--
``(1) the service acquisition executive for the
military department that awarded the contract, or the
Under Secretary of Defense for Acquisition and
Sustainment if the contract was awarded by a Defense
Agency or other component of the Department of Defense,
approves the definitization in writing;
``(2) the contracting officer provides a copy of
the written approval to the contractor; and
``(3) a period of 30 calendar days has elapsed
after the written approval is provided to the
contractor.''.
(b) Conforming Amendment.--Section 2326(b)(3) of such title
is amended by striking ``subsection (g)'' and inserting
``subsection (h)''.
(c) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to implement section 2326 of
title 10, United States Code, as amended by this section.
SEC. 816. AMENDMENT TO SUSTAINMENT REVIEWS.
Section 2441(a) of title 10, United States Code, is amended
by adding at the end the following: ``The Secretary concerned
shall make the memorandum and supporting documentation for each
sustainment review available to the Under Secretary of Defense
for Acquisition and Sustainment within 30 days after the review
is completed.''.
SEC. 817. USE OF PROGRAM INCOME BY ELIGIBLE ENTITIES THAT CARRY OUT
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Section 2414 of title 10, United States Code, is amended--
(1) in the section heading, by striking
``limitation'' and inserting ``funding''; and
(2) by adding at the end the following new
subsection:
``(d) Use of Program Income.--
``(1) An eligible entity that earned income in a
specified fiscal year from activities carried out
pursuant to a procurement technical assistance program
funded under this chapter may expend an amount of such
income, not to exceed 25 percent of the cost of
furnishing procurement technical assistance in such
specified fiscal year, during the fiscal year following
such specified fiscal year, to carry out a procurement
technical assistance program funded under this chapter.
``(2) An eligible entity that does not enter into a
cooperative agreement with the Secretary for a fiscal
year--
``(A) shall notify the Secretary of the
amount of any income the eligible entity
carried over from the previous fiscal year; and
``(B) may retain an amount of such income
equal to 10 percent of the value of assistance
furnished by the Secretary under this section
during the previous fiscal year.
``(3) In determining the value of assistance
furnished by the Secretary under this section for any
fiscal year, the Secretary shall account for the amount
of any income the eligible entity carried over from the
previous fiscal year.''.
SEC. 818. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
(a) Release of Contract Award Information.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that all required post-award debriefings, while protecting the
confidential and proprietary information of other offerors,
include, at a minimum, the following:
(1) In the case of a contract award in excess of
$100,000,000, a requirement for disclosure of the
agency's written source selection award determination,
redacted to protect the confidential and proprietary
information of other offerors for the contract award,
and, in the case of a contract award in excess of
$10,000,000 and not in excess of $100,000,000 with a
small business or nontraditional contractor, an option
for the small business or nontraditional contractor to
request such disclosure.
(2) A requirement for a written or oral debriefing
for all contract awards and task or delivery orders
valued at $10,000,000 or higher.
(3) Provisions ensuring that both unsuccessful and
winning offerors are entitled to the disclosure
described in paragraph (1) and the debriefing described
in paragraph (2).
(4) Robust procedures, consistent with section
2305(b)(5)(D) of title 10, United States Code, and
provisions implementing that section in the Federal
Acquisition Regulation, to protect the confidential and
proprietary information of other offerors.
(b) Opportunity for Follow-up Questions.--Section
2305(b)(5) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and''
and inserting a semicolon;
(B) in clause (vi), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(vii) an opportunity for a disappointed offeror
to submit, within two business days after receiving a
post-award debriefing, additional questions related to
the debriefing.''; and
(3) by inserting after subparagraph (B) the
following new subparagraph:
``(C) The agency shall respond in writing to any additional
question submitted under subparagraph (B)(vii) within five
business days after receipt of the question. The agency shall
not consider the debriefing to be concluded until the agency
delivers its written responses to the disappointed offeror.''.
(c) Commencement of Post-briefing Period.--Section
3553(d)(4) of title 31, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) respectively;
(2) by striking ``The period'' and inserting ``(A)
The period''; and
(3) by adding at the end the following new
subparagraph:
``(B) For procurements conducted by any component of the
Department of Defense, the 5-day period described in
subparagraph (A)(ii) does not commence until the day the
Government delivers to a disappointed offeror the written
responses to any questions submitted pursuant to section
2305(b)(5)(B)(vii) of title 10.''.
SEC. 819. AMENDMENTS RELATING TO INFORMATION TECHNOLOGY.
(a) Elimination of Sunset Relating to Transparency and Risk
Management of Major Information Technology Investments.--
Subsection (c) of section 11302 of title 40, United States
Code, is amended by striking the first paragraph (5).
(b) Elimination of Sunset Relating to Information
Technology Portfolio, Program, and Resource Reviews.--Section
11319 of title 40, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d); and
(2) in subsection (d), as so redesignated, by
striking paragraph (6).
(c) Extension of Sunset Relating to Federal Data Center
Consolidation Initiative.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 44 U.S.C. 3601 note) is amended by striking
``2018'' and inserting ``2020''.
SEC. 820. CHANGE TO DEFINITION OF SUBCONTRACT IN CERTAIN CIRCUMSTANCES.
Section 1906(c)(1) of title 41, United States Code, is
amended by adding at the end the following: ``The term does not
include agreements entered into by a contractor for the supply
of commodities that are intended for use in the performance of
multiple contracts with the Federal Government and other
parties and are not identifiable to any particular contract.''.
SEC. 821. AMENDMENT RELATING TO APPLICABILITY OF INFLATION ADJUSTMENTS.
Section 1908(d) of title 41, United States Code, is amended
by inserting before the period at the end the following: ``and
shall apply, in the case of the procurement of property or
services by contract, to a contract, and any subcontract at any
tier under the contract, in effect on that date without regard
to the date of award of the contract or subcontract.''.
SEC. 822. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION
PROCESS.
(a) Additional Requirements.--Subsection (b) of section 813
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat 2270; 10 U.S.C. 2305 note) is
amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(7) the Department of Defense would realize no,
or minimal, additional innovation or future
technological advantage by using a different
methodology; and
``(8) with respect to a contract for procurement of
goods, the goods procured are predominantly expendable
in nature, nontechnical, or have a short life
expectancy or short shelf life.''.
(b) Reporting Requirement.--
(1) In general.--Subsection (d) of such section is
amended by striking ``contract exceeding $10,000,000''
and inserting ``contract exceeding $5,000,000''.
(2) Applicability.--The amendment made by this
subsection shall apply with respect to the second,
third, and fourth reports submitted under subsection
(d) of section 813 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat 2271; 10 U.S.C. 2305 note).
SEC. 823. EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES.
Subsection (d) of section 2305a of title 10, United States
Code, is amended by striking the second and third sentences and
inserting the following: ``If the contract value exceeds
$4,000,000, the maximum number specified in the solicitation
shall not exceed 5 unless--
``(1) the solicitation is issued pursuant to a
indefinite delivery-indefinite quantity contract for
design-build construction; or
``(2)(A) the head of the contracting activity,
delegable to a level no lower than the senior
contracting official within the contracting activity,
approves the contracting officer's justification with
respect to an individual solicitation that a maximum
number greater than 5 is in the interest of the Federal
Government; and
``(B) the contracting officer provides written
documentation of how a maximum number greater than 5 is
consistent with the purposes and objectives of the two-
phase selection procedures.''.
SEC. 824. CONTRACT CLOSEOUT AUTHORITY.
Section 836(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended by striking ``entered into prior to fiscal year 2000''
and inserting ``entered into on a date that is at least 17
fiscal years before the current fiscal year''.
SEC. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF
PENALTIES FOR COST OVERRUNS.
(a) In General.--Section 828 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note) is amended--
(1) in subsection (a), by striking ``each fiscal
year beginning with fiscal year 2015'' and inserting
``each of fiscal years 2018 through 2022'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or
underrun'';
(B) in paragraph (2)--
(i) by striking ``or underruns'';
and
(ii) by striking ``,Technology, and
Logistics'' and inserting ``and
Sustainment'';
(C) in paragraph (3)--
(i) by striking ``and cost
underruns''; and
(ii) by striking ``or underruns'';
and
(D) in paragraph (4), by striking ``,
except that the cost overrun penalty may not be
a negative amount'';
(3) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(4) by inserting after subsection (b) the following
new subsection:
``(c) Total Cost Overrun Penalty.--Notwithstanding the
amount of a cost overrun penalty determined in (b), the total
cost overrun penalty for a military department (including any
cost overrun penalty for joint programs of military
departments) for a fiscal year may not exceed $50,000,000.'';
and
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1)--
(i) in the paragraph heading, by
inserting ``or procurement'' after
``evaluation'';
(ii) by striking ``each fiscal year
beginning with fiscal year 2015'' and
inserting ``each of fiscal years 2018
through 2022'';
(iii) by striking ``each research''
and inserting ``the research'';
(iv) by striking ``evaluation
account'' and inserting ``evaluation or
procurement accounts''; and
(v) by striking ``percentage'' and
inserting ``amount''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by
striking ``amount'' and inserting
``amounts'';
(ii) by striking ``percentage
reduction'' and inserting
``reductions'';
(iii) by striking ``evaluation
accounts'' and inserting ``evaluation
or procurement accounts'';
(iv) by striking ``paragraph (1) is
the percentage reduction'' and
inserting ``paragraph (1) are the
reductions''; and
(v) by inserting ``, when
combined,'' after ``equal''.
(b) Prior Fiscal Years.--The requirements of section 828 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as in effect on the
day before the date of the enactment of this Act, shall
continue to apply with respect to fiscal years beginning on or
before October 1, 2016.
SEC. 826. MODIFICATION TO ANNUAL MEETING REQUIREMENT OF CONFIGURATION
STEERING BOARDS.
Section 814(c)(4) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4529; 10 U.S.C. 2430 note) is amended--
(1) by striking ``The Secretary'' and inserting
``(A) Annual meeting.--Except as provided
in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new
subparagraph:
``(B) Exception.--If the service
acquisition executive of the military
department concerned determines, in writing,
that there have been no changes to the program
requirements of a major defense acquisition
program during the preceding year, the
Configuration Steering Board for such major
defense acquisition program is not required to
meet as described in subparagraph (A).''.
SEC. 827. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED GOVERNMENT
ACCOUNTABILITY OFFICE BID PROTESTS.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to determine the effectiveness of
requiring contractors to reimburse the Department of Defense
for costs incurred in processing covered protests.
(b) Duration.--The pilot program shall--
(1) begin on the date that is two years after the
date of the enactment of this Act; and
(2) end on the date that is five years after the
date of the enactment of this Act.
(c) Report.--Not later than 90 days after the date on which
the pilot program under subsection (a) ends, the Secretary
shall provide a report to the Committees on Armed Services of
the House of Representatives and the Senate assessing the
feasibility of making permanent such pilot program.
(d) Covered Protest Defined.--In this section, the term
``covered protest'' means a bid protest that was--
(1) denied in an opinion issued by the Government
Accountability Office;
(2) filed by a party with revenues in excess of
$250,000,000 (based on fiscal year 2017 constant
dollars) during the previous year; and
(3) filed on or after October 1, 2019 and on or
before September 30, 2022.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION PROGRAM.
Section 2430(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``in the case
of a program that is not a program for the acquisition
of an automated information system (either a product or
a service),'' after ``(B)''; and
(2) in paragraph (2)--
(A) by striking ``does not include an
acquisition program'' and inserting the
following: ``does not include--
``(A) an acquisition program''; and
(B) by striking the period at the end and
inserting the following: ``; or
``(B) an acquisition program for a defense business
system (as defined in section 2222(i)(1) of this title)
carried out using the acquisition guidance issued
pursuant to section 883(e) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2223a note).''.
SEC. 832. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE
SOURCE SELECTION PROCESS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Prohibition.--
(1) In general.--Chapter 144 of title 10, United
States Code, is amended by inserting after section 2441
the following new section:
``Sec. 2442. Prohibition on use of lowest price technically acceptable
source selection process
``(a) In General.--The Department of Defense shall not use
a lowest price technically acceptable source selection process
for the engineering and manufacturing development contract of a
major defense acquisition program.
``(b) Definitions.--In this section:
``(1) Lowest price technically acceptable source
selection process.--The term `lowest price technically
acceptable source selection process' has the meaning
given that term in part 15 of the Federal Acquisition
Regulation.
``(2) Major defense acquisition program.--The term
`major defense acquisition program' has the meaning
given that term in section 2430 of this title.
``(3) Engineering and manufacturing development
contract.--The term `engineering and manufacturing
development contract' means a prime contract for the
engineering and manufacturing development of a major
defense acquisition program.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2441 the following
new item:
``2442. Prohibition on use of lowest price technically acceptable source
selection process.''.
(b) Applicability.--The requirements of section 2442 of
title 10, United States Code, as added by subsection (a), shall
apply to major defense acquisition programs for which budgetary
authority is requested for fiscal year 2019 or a subsequent
fiscal year.
SEC. 833. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL DEVELOPMENT
DECISION AND ACQUISITION SYSTEM MILESTONES.
Section 2547(b) of title 10, United States Code, is
amended--
(1) by striking ``The Secretary'' and inserting
``(1) The Secretary''; and
(2) by adding at the end the following new
paragraph:
``(2) Consistent with the performance of duties under
subsection (a), the Chief of the armed force concerned, or in
the case of a joint program the chiefs of the armed forces
concerned, with respect to major defense acquisition programs,
shall--
``(A) concur with the need for a material solution
as identified in the Material Development Decision
Review prior to entry into the Material Solution
Analysis Phase under Department of Defense Instruction
5000.02;
``(B) concur with the cost, schedule, technical
feasibility, and performance trade-offs that have been
made with regard to the program before Milestone A
approval is granted under section 2366a of this title;
``(C) concur that appropriate trade-offs among
cost, schedule, technical feasibility, and performance
objectives have been made to ensure that the program is
affordable when considering the per unit cost and the
total life-cycle cost before Milestone B approval is
granted under section 2366b of this title; and
``(D) concur that the requirements in the program
capability document are necessary and realistic in
relation to program cost and fielding targets as
required by paragraph (1) before Milestone C approval
is granted.''.
SEC. 834. REQUIREMENT TO EMPHASIZE RELIABILITY AND MAINTAINABILITY IN
WEAPON SYSTEM DESIGN.
(a) Sustainment Factors in Weapon System Design.--
(1) In general.--Chapter 144 of title 10, United
States Code, as amended by section 832, is further
amended by adding at the end the following new section:
``Sec. 2443. Sustainment factors in weapon system design
``(a) In General.--The Secretary of Defense shall ensure
that the defense acquisition system gives ample emphasis to
sustainment factors, particularly those factors that are
affected principally by the design of a weapon system, in the
development of a weapon system.
``(b) Requirements Process.--The Secretary shall ensure
that reliability and maintainability are included in the
performance attributes of the key performance parameter on
sustainment during the development of capabilities
requirements.
``(c) Solicitation and Award of Contracts.--
``(1) Requirement.--The program manager of a weapon
system shall include in the solicitation for and terms
of a covered contract for the weapon system clearly
defined and measurable requirements for engineering
activities and design specifications for reliability
and maintainability.
``(2) Exception.--If the program manager determines
that engineering activities and design specifications
for reliability or maintainability should not be a
requirement in a covered contract or a solicitation for
such a contract, the program manager shall document in
writing the justification for the decision.
``(3) Source selection criteria.--The Secretary
shall ensure that sustainment factors, including
reliability and maintainability, are given ample
emphasis in the process for source selection. The
Secretary shall encourage the use of objective
reliability and maintainability criteria in the
evaluation of competitive proposals.
``(d) Contract Performance.--
``(1) In general.--The Secretary shall ensure that
the Department of Defense uses best practices for
responding to the positive or negative performance of a
contractor in meeting the sustainment requirements of a
covered contract for a weapon system. The Secretary
shall encourage the use of incentive fees and penalties
as appropriate and authorized in paragraph (2) in all
covered contracts for weapons systems.
``(2) Authority for incentive fees and penalties.--
The Secretary of Defense is authorized to include in
any covered contract provisions for the payment of
incentive fees to the contractor based on achievement
of design specification requirements for reliability
and maintainability of weapons systems under the
contract, or the imposition of penalties to be paid by
the contractor to the Government for failure to achieve
such design specification requirements. Information
about such fees or penalties shall be included in the
solicitation for any covered contract that includes
such fees or penalties.
``(3) Measurement of reliability and
maintainability.--In carrying out paragraph (2), the
program manager shall base determinations of a
contractor's performance on reliability and
maintainability data collected during the program. Such
data collection and associated evaluation metrics shall
be described in detail in the covered contract. To the
maximum extent practicable, such data shall be shared
with appropriate contractor and government
organizations.
``(4) Notification.--The Secretary of Defense shall
notify the congressional defense committees upon
entering into a covered contract that includes
incentive fees or penalties authorized in paragraph
(2).
``(e) Covered Contract Defined.--In this section, the term
`covered contract', with respect to a weapon system, means a
contract--
``(1) for the engineering and manufacturing
development of a weapon system, including embedded
software; or
``(2) for the production of a weapon system,
including embedded software.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter I of such chapter, as
amended by section 832, is further amended by adding at
the end the following new item:
``2443. Sustainment factors in weapon system design.''.
(b) Effective Date for Certain Provisions.--Subsections (c)
and (d) of section 2443 of title 10, United States Code, as
added by subsection (a), shall apply with respect to any
covered contract (as defined in that section) for which the
contract solicitation is issued on or after the date occurring
one year after the date of the enactment of this Act.
(c) Engineering Change Authorized.--Subject to the
availability of appropriations, the Secretary of Defense may
fund engineering changes to the design of a weapon system in
the engineering and manufacturing development phase or in the
production phase of an acquisition program to improve
reliability or maintainability of the weapon system and reduce
projected operating and support costs.
SEC. 835. LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT
MAJOR WEAPON SYSTEMS.
(a) Negotiation of Price for Technical Data Before
Development or Production of Major Weapon System.--
(1) Requirement.--Chapter 144 of title 10, United
States Code, is amended by inserting after section 2438
the following new section:
``Sec. 2439. Negotiation of price for technical data before development
or production of major weapon systems
``The Secretary of Defense shall ensure that the Department
of Defense, before selecting a contractor for the engineering
and manufacturing development of a major weapon system, or for
the production of a major weapon system, negotiates a price for
technical data to be delivered under a contract for such
development or production.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2438 the following
new item:
``2439. Negotiation of price for technical data before development or
production of major weapon systems.''.
(3) Effective date.--Section 2439 of title 10,
United States Code, as added by paragraph (1), shall
apply with respect to any contract for engineering and
manufacturing development of a major weapon system, or
for the production of a major weapon system, for which
the contract solicitation is issued on or after the
date occurring one year after the date of the enactment
of this Act.
(b) Written Determination for Milestone B Approval.--
(1) In general.--Subsection (a)(3) of section 2366b
of title 10, United States Code, is amended--
(A) by striking ``and'' at the end of
subparagraph (M); and
(B) by inserting after subparagraph (N) the
following new subparagraph:
``(O) appropriate actions have been taken
to negotiate and enter into a contract or
contract options for the technical data
required to support the program; and''.
(2) Effective date.--Section 2366b(a)(3)(O) of
title 10, United States Code, as added by paragraph
(1), shall apply with respect to any major defense
acquisition program receiving Milestone B approval on
or after the date occurring one year after the date of
the enactment of this Act.
(c) Preference for Negotiation of Customized License
Agreements.--Section 2320 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Preference for Specially Negotiated Licenses.--The
Secretary of Defense shall, to the maximum extent practicable,
negotiate and enter into a contract with a contractor for a
specially negotiated license for technical data to support the
product support strategy of a major weapon system or subsystem
of a major weapon system. In performing the assessment and
developing the corresponding strategy required under subsection
(e) for such a system or subsystem, a program manager shall
consider the use of specially negotiated licenses to acquire
customized technical data appropriate for the particular
elements of the product support strategy.''.
SEC. 836. CODIFICATION OF REQUIREMENTS PERTAINING TO ASSESSMENT,
MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT
COSTS FOR MAJOR WEAPON SYSTEMS.
(a) Codification and Amendment.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section 2337
the following new section:
``Sec. 2337a. Assessment, management, and control of operating and
support costs for major weapon systems
``(a) Guidance Required.--The Secretary of Defense shall
issue and maintain guidance on actions to be taken to assess,
manage, and control Department of Defense costs for the
operation and support of major weapon systems.
``(b) Elements.--The guidance required by subsection (a)
shall, at a minimum--
``(1) be issued in conjunction with the
comprehensive guidance on life-cycle management and the
development and implementation of product support
strategies for major weapon systems required by section
2337 of this title;
``(2) require the military departments to retain
each estimate of operating and support costs that is
developed at any time during the life cycle of a major
weapon system, together with supporting documentation
used to develop the estimate;
``(3) require the military departments to update
estimates of operating and support costs periodically
throughout the life cycle of a major weapon system, to
determine whether preliminary information and
assumptions remain relevant and accurate, and identify
and record reasons for variances;
``(4) establish policies and procedures for the
collection, organization, maintenance, and availability
of standardized data on operating and support costs for
major weapon systems in accordance with section 2222 of
this title;
``(5) establish standard requirements for the
collection and reporting of data on operating and
support costs for major weapon systems by contractors
performing weapon system sustainment functions in an
appropriate format, and develop contract clauses to
ensure that contractors comply with such requirements;
``(6) require the military departments--
``(A) to collect and retain data from
operational and developmental testing and
evaluation on the reliability and
maintainability of major weapon systems; and
``(B) to use such data to inform system
design decisions, provide insight into
sustainment costs, and inform estimates of
operating and support costs for such systems;
``(7) require the military departments to ensure
that sustainment factors are fully considered at key
life-cycle management decision points and that
appropriate measures are taken to reduce operating and
support costs by influencing system design early in
development, developing sound sustainment strategies,
and addressing key drivers of costs;
``(8) require the military departments to conduct
an independent logistics assessment of each major
weapon system prior to key acquisition decision points
(including milestone decisions) to identify features
that are likely to drive future operating and support
costs, changes to system design that could reduce such
costs, and effective strategies for managing such
costs;
``(9) include--
``(A) reliability metrics for major weapon
systems; and
``(B) requirements on the use of metrics
under subparagraph (A) as triggers--
``(i) to conduct further
investigation and analysis into drivers
of those metrics; and
``(ii) to develop strategies for
improving reliability, availability,
and maintainability of such systems at
an affordable cost; and
``(10) require the military departments to conduct
periodic reviews of operating and support costs of
major weapon systems after such systems achieve initial
operational capability to identify and address factors
resulting in growth in operating and support costs and
adapt support strategies to reduce such costs.
``(c) Retention of Data on Operating and Support Costs.--
``(1) In general.--The Director of Cost Assessment
and Program Evaluation shall be responsible for
developing and maintaining a database on operating and
support estimates, supporting documentation, and actual
operating and support costs for major weapon systems.
``(2) Support.--The Secretary of Defense shall
ensure that the Director, in carrying out such
responsibility--
``(A) promptly receives the results of all
cost estimates and cost analyses conducted by
the military departments with regard to
operating and support costs of major weapon
systems;
``(B) has timely access to any records and
data of the military departments (including
classified and proprietary information) that
the Director considers necessary to carry out
such responsibility; and
``(C) with the concurrence of the Under
Secretary of Defense for Acquisition and
Sustainment, may direct the military
departments to collect and retain information
necessary to support the database.
``(d) Major Weapon System Defined.--In this section, the
term `major weapon system' has the meaning given that term in
section 2379(f) of title 10, United States Code.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title is amended
by adding after the item relating to section 2337 the
following new item:
``2337a. Assessment, management, and control of operating and support
costs for major weapon systems.''.
(b) Repeal of Superseded Section.--
(1) Repeal.--Section 832 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 2430 note) is repealed.
(2) Conforming amendment.--Section 2441(c) of title
10, United States Code, is amended by striking
``section 2337 of this title'' and all that follows
through the period and inserting ``sections 2337 and
2337a of this title.''.
SEC. 837. SHOULD-COST MANAGEMENT.
(a) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall amend the Defense Supplement to the Federal
Acquisition Regulation to provide for the appropriate use of
the should-cost review process of a major weapon system in a
manner that is transparent, objective, and provides for the
efficiency of the systems acquisition process in the Department
of the Defense.
(b) Required Elements.--The regulations required under
subsection (a) shall incorporate, at a minimum, the following
elements:
(1) A description of the features of the should-
cost review process.
(2) Establishment of a process for communicating
with the prime contractor on the program the elements
of a proposed should-cost review.
(3) A method for ensuring that identified should-
cost savings opportunities are based on accurate,
complete, and current information and can be quantified
and tracked.
(4) A description of the training, skills, and
experience that Department of Defense and contractor
officials carrying out a should-cost review in
subsection (a) should possess.
(5) A method for ensuring appropriate collaboration
with the contractor throughout the review process.
(6) Establishment of review process requirements
that provide for sufficient analysis and minimize any
impact on program schedule.
SEC. 838. IMPROVEMENTS TO TEST AND EVALUATION PROCESSES AND TOOLS.
(a) Developmental Test Plan Sufficiency Assessments.--
(1) Addition to milestone b brief summary report.--
Section 2366b(c)(1) of title 10, United States Code, is
amended--
(A) by redesignating subparagraph (G) as
subparagraph (H); and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) An assessment of the sufficiency of
developmental test and evaluation plans,
including the use of automated data analytics
or modeling and simulation tools and
methodologies.''.
(2) Addition to milestone c brief summary report.--
Section 2366c(a) of such title is amended by inserting
after paragraph (3) the following new paragraph:
``(4) An assessment of the sufficiency of the
developmental test and evaluation completed, including
the use of automated data analytics or modeling and
simulation tools and methodologies.''.
(3) Responsibility for conducting assessments.--For
purposes of the sufficiency assessments required by
section 2366b(c)(1) and section 2366c(a)(4) of such
title, as added by paragraphs (1) and (2), with respect
to a major defense acquisition program--
(A) if the milestone decision authority for
the program is the service acquisition
executive of the military department that is
managing the program, the sufficiency
assessment shall be conducted by the senior
official within the military department with
responsibility for developmental testing; and
(B) if the milestone decision authority for
the program is the Under Secretary of Defense
for Acquisition and Sustainment, the
sufficiency assessment shall be conducted by
the senior Department of Defense official with
responsibility for developmental testing.
(4) Guidance required.--Within one year after the
date of the enactment of this Act, the senior
Department of Defense official with responsibility for
developmental testing shall develop guidance for the
sufficiency assessments required by section 2366b(c)(1)
and section 2366c(a)(4) of title 10, United States
Code, as added by paragraphs (1) and (2). At a minimum,
the guidance shall require--
(A) for the sufficiency assessment required
by section 2366b(c)(1) of such title, that the
assessment address the sufficiency of--
(i) the developmental test and
evaluation plan;
(ii) the developmental test and
evaluation schedule, including a
comparison to historic analogous
systems;
(iii) the developmental test and
evaluation resources (facilities,
personnel, test assets, data analytics
tools, and modeling and simulation
capabilities);
(iv) the risks of developmental
test and production concurrency; and
(v) the developmental test criteria
for entering the production phase; and
(B) for the sufficiency assessment required
by section 2366c(a)(4) of such title, that the
assessment address--
(i) the sufficiency of the
developmental test and evaluation
completed;
(ii) the sufficiency of the plans
and resources available for remaining
developmental test and evaluation;
(iii) the risks identified during
developmental testing to the production
and deployment phase;
(iv) the sufficiency of the plans
and resources for remaining
developmental test and evaluation; and
(v) the readiness of the system to
perform scheduled initial operational
test and evaluation.
(b) Evaluation of Department of Defense Need for
Centralized Tools for Developmental Test and Evaluation.--The
Secretary of Defense shall evaluate the strategy of the
Department of Defense for developing and expanding the use of
tools designed to facilitate the cost effectiveness and
efficiency of developmental testing, including automated test
methods and tools, modeling and simulation tools, and data
analytics technologies. The evaluation shall include a
determination of the appropriate role of the senior Department
of Defense official with responsibility for developmental
testing in developing enterprise level strategies related to
such types of testing tools.
SEC. 839. ENHANCEMENTS TO TRANSPARENCY IN TEST AND EVALUATION PROCESSES
AND DATA.
(a) Additional Test and Evaluation Duties of Military
Secretaries and Defense Agency Heads.--
(1) Report on comparison of operational test and
evaluation results to legacy items or components.--
Concurrent with the submission of a report required
under section 2399(b)(2) of title 10, United States
Code, the Secretary of a military department or the
head of a Defense Agency may provide to the
congressional defense committees and the Secretary of
Defense a report describing of the performance of the
items or components evaluated as part of the
operational test and evaluation for each major defense
acquisition program conducted under such section by the
Director of Operational Test and Evaluation in relation
to comparable legacy items or components, if such items
or components exist and relevant data are available
without requiring additional testing.
(2) Additional report on operational test and
evaluation activities.--Within 45 days after the
submission of an annual report required by section
139(h) of title 10, United States Code, the Secretaries
of the military departments may each submit to the
congressional defense committees a report addressing
any concerns related to information included in the
annual report, or providing updated or additional
information, as appropriate.
(b) Requirements for Collection of Cost Data on Test and
Evaluation.--
(1) In general.--Not later than one year after the
date of the enactment of this Act and subject to
paragraph (2), the Director of Operational Test and
Evaluation, the senior official of the Department of
Defense with responsibility for developmental testing,
and the Director of the Test Resource Management Center
shall jointly develop policies, procedures, guidance,
and a method to collect data that ensures that
consistent and high quality data are collected on the
full range of estimated and actual developmental, live
fire, and operational testing costs for major defense
acquisition programs.
(2) Concurrence and coordination required.--Before
implementing the policies, procedures, guidance, and
method developed under paragraph (1), the Director of
Operational Test and Evaluation, the senior official of
the Department of Defense with responsibility for
developmental testing, and the Director of the Test
Resource Management Center shall--
(A) obtain the concurrence of the Director
for Cost Assessment and Program Evaluation; and
(B) coordinate with the Secretaries of the
military departments.
(3) Data requirements.--
(A) Electronic database.--Data on estimated
and actual developmental, live fire, and
operational testing costs shall be maintained
in an electronic database maintained by the
Director for Cost Assessment and Program
Evaluation or another appropriate official of
the Department of Defense, and shall be made
available for analysis by testing, acquisition,
and other appropriate officials of the
Department of Defense, as determined by the
Director of Operational Test and Evaluation,
the senior official of the Department of
Defense with responsibility for developmental
testing, or the Director of the Test Resource
Management Center.
(B) Diaggregation by costs.--To the maximum
extent practicable, data collected under this
subsection shall be set forth separately by
costs for developmental testing, operational
testing, and training.
(c) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has the
meaning provided in section 2430 of title 10, United States
Code.
Subtitle D--Provisions Relating to Acquisition Workforce
SEC. 841. ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT WORKFORCE.
(a) Establishment of Program Manager Development Program.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall implement a program manager
development program to provide for the professional
development of high-potential, experienced civilian
personnel. Personnel shall be competitively selected
for the program based on their potential to become a
program manager of a major defense acquisition program,
as defined in section 2430 of title 10, United States
Code. The program shall be administered and overseen by
the Secretary of each military department, acting
through the service acquisition executive for the
department concerned.
(2) Plan required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a comprehensive plan to implement the program
established under paragraph (1). In developing the
plan, the Secretary of Defense shall seek the input of
relevant external parties, including professional
associations, other government entities, and industry.
The plan shall include the following elements:
(A) An assessment of the minimum level of
subject matter experience, education, years of
experience, certifications, and other
qualifications required to be selected into the
program, set forth separately for current
Department of Defense employees and for
personnel hired into the program from outside
the Department of Defense.
(B) A description of hiring flexibilities
to be used to recruit qualified personnel from
outside the Department of Defense.
(C) A description of the extent to which
mobility agreements will be required to be
signed by personnel selected for the program
during their participation in the program and
after their completion of the program. The use
of mobility agreements shall be applied to help
maximize the flexibility of the Department of
Defense in assigning personnel, while not
inhibiting the participation of the most
capable candidates.
(D) A description of the tenure obligation
required of personnel selected for the program.
(E) A plan for training during the course
of the program, including training in
leadership, program management, engineering,
finance and budgeting, market research,
business acumen, contracting, supplier
management, requirement setting and tradeoffs,
intellectual property matters, and software.
(F) A description of career paths to be
followed by personnel in the program in order
to ensure that personnel in the program gain
expertise in the program management functional
career field competencies identified by the
Department in existing guidance and the topics
listed in subparagraph (E), including--
(i) a determination of the types of
advanced educational degrees that
enhance program management skills and
the mechanisms available to the
Department of Defense to facilitate the
attainment of those degrees by
personnel in the program;
(ii) a determination of required
assignments to positions within
acquisition programs, including
position type and acquisition category
of the program office;
(iii) a determination of required
or encouraged rotations to career
broadening positions outside of
acquisition programs; and
(iv) a determination of how the
program will ensure the opportunity for
a required rotation to industry of at
least six months to develop an
understanding of industry motivation
and business acumen, such as by
developing an industry exchange program
for civilian program managers, similar
to the Corporate Fellows Program of the
Secretary of Defense.
(G) A general description of the number of
personnel anticipated to be selected into the
program, how frequently selections will occur,
how long personnel selected into the program
will participate in the program, and how
personnel will be placed into an assignment at
the completion of the program.
(H) A description of benefits that will be
offered under the program using existing human
capital flexibilities to retain qualified
employees, such as student loan repayments,
bonuses, or pay banding.
(I) An assessment of personnel
flexibilities needed to allow the military
departments and the Defense Agencies to
reassign or remove program managers that do not
perform effectively.
(J) A description of how the program will
be administered and overseen by the Secretaries
of each military department, acting through the
service acquisition executive for the
department concerned.
(K) A description of how the program will
be integrated with existing program manager
development efforts at each military
department.
(3) Use of defense acquisition workforce
development fund.--Amounts in the Department of Defense
Acquisition Workforce Development Fund (established
under section 1705 of title 10, United States Code) may
be used to pay the base salary of personnel in the
program established under paragraph (1) during the
period of time such personnel are temporarily assigned
to a developmental rotation or training program
anticipated to last at least six months.
(4) Implementation.--The program established under
paragraph (1) shall be implemented not later than
September 30, 2019.
(b) Independent Study of Incentives for Program Managers.--
(1) Requirement for study.--Not later than 30 days
after the date of the enactment of this Act, the
Secretary of Defense shall enter into a contract with
an independent research entity described in paragraph
(2) to carry out a comprehensive study of incentives
for Department of Defense civilian and military program
managers for major defense acquisition programs,
including--
(A) additional pay options for program
managers to provide incentives to senior
civilian employees and military officers to
accept and remain in program manager roles;
(B) a financial incentive structure to
reward program managers for delivering
capabilities on budget and on time; and
(C) a comparison between financial and non-
financial incentive structures for program
managers in the Department of Defense and an
appropriate comparison group of private
industry companies.
(2) Independent research entity.--The entity
described in this subsection is an independent research
entity that is a not-for-profit entity or a federally
funded research and development center with appropriate
expertise and analytical capability.
(3) Reports.--
(A) To secretary.--Not later than nine
months after the date of the enactment of this
Act, the independent research entity shall
provide to the Secretary a report containing--
(i) the results of the study
required by paragraph (1); and
(ii) such recommendations to
improve the financial incentive
structure of program managers for major
defense acquisition programs as the
independent research entity considers
to be appropriate.
(B) To congress.--Not later than 30 days
after receipt of the report under subparagraph
(A), the Secretary of Defense shall submit such
report, together with any additional views or
recommendations of the Secretary, to the
congressional defense committees.
SEC. 842. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
Section 1705(d)(2)(D) of title 10, United States Code, is
amended to read as follows:
``(D) The Secretary of Defense may adjust the
amount specified in subparagraph (C) for a fiscal year
if the Secretary determines that the amount is greater
or less than reasonably needed for purposes of the Fund
for such fiscal year. The Secretary may not adjust the
amount for a fiscal year to an amount that is more than
$600,000,000 or less than $400,000,000.''.
SEC. 843. IMPROVEMENTS TO THE HIRING AND TRAINING OF THE ACQUISITION
WORKFORCE.
(a) Use of Funds From the Defense Acquisition Workforce
Development Fund to Pay Salaries of Personnel to Manage the
Fund.--
(1) In general.--Subsection 1705(e) of title 10,
United States Code, is amended--
(A) in paragraph (1)--
(i) by inserting ``(A)'' before
``Subject to the provisions of this
subsection''; and
(ii) by adding at the end the
following new subparagraph:
``(B) Amounts in the Fund also may be used to pay
salaries of personnel at the Office of the Secretary of
Defense, military departments, and Defense Agencies to
manage the Fund.''; and
(B) in paragraph (3)--
(i) by striking ``and'' at the end
of subparagraph (C);
(ii) by striking the period and
inserting ``; and'' at the end of
subparagraph (D); and
(iii) by adding at the end the
following new subparagraph:
``(E) describing the amount from the Fund
that may be used to pay salaries of personnel
at the Office of the Secretary of Defense,
military departments, and Defense Agencies to
manage the Fund and the circumstances under
which such amounts may be used for such
purpose.''.
(2) Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall issue, and submit to the congressional
defense committees, the policy guidance required by
subparagraph (E) of section 1705(e)(3) of title 10,
United States Code, as added by paragraph (1).
(b) Comptroller General Review of Effectiveness of Hiring
and Retention Flexibilities for Acquisition Workforce
Personnel.--
(1) In general.--Not later than June 30, 2019, the
Comptroller General of the United States shall submit
to the congressional defense committees a report on the
effectiveness of hiring and retention flexibilities for
the acquisition workforce.
(2) Elements.--The report under this subsection
shall include the following:
(A) A determination of the extent to which
the Department of Defense experiences
challenges with recruitment and retention of
the acquisition workforce, such as post-
employment restrictions.
(B) A description of the hiring and
retention flexibilities available to the
Department to fill civilian acquisition
positions and the extent to which the
Department has used the flexibilities available
to it to target critical or understaffed career
fields.
(C) A determination of the extent to which
the Department has the necessary data and
metrics on its use of hiring and retention
flexibilities for the civilian acquisition
workforce to strategically manage the use of
such flexibilities.
(D) An identification of the factors that
affect the use of hiring and retention
flexibilities for the civilian acquisition
workforce.
(E) Recommendations for any necessary
changes to the hiring and retention
flexibilities available to the Department to
fill civilian acquisition positions.
(F) A description of the flexibilities
available to the Department to remove
underperforming members of the acquisition
workforce and the extent to which any such
flexibilities are used.
(c) Assessment and Report Required on Business-related
Training for the Acquisition Workforce.--
(1) Assessment.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct an assessment
of the following:
(A) The effectiveness of industry
certifications, other industry training
programs, including fellowships, and training
and education programs at educational
institutions outside of the Defense Acquisition
University available to defense acquisition
workforce personnel.
(B) Gaps in knowledge of industry
operations, industry motivation, and business
acumen in the acquisition workforce.
(2) Report.--Not later than December 31, 2018, the
Under Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report containing the results of the assessment
conducted under this subsection.
(3) Elements.--The assessment and report under
paragraphs (1) and (2) shall address the following:
(A) Current sources of training and career
development opportunities, industry rotations,
and other career development opportunities
related to knowledge of industry operations,
industry motivation, and business acumen for
each acquisition position, as designated under
section 1721 of title 10, United States Code.
(B) Gaps in training, industry rotations,
and other career development opportunities
related to knowledge of industry operations,
industry motivation, and business acumen for
each such acquisition position.
(C) Plans to address those gaps for each
such acquisition position.
(D) Consideration of the role industry-
taught classes and classes taught at
educational institutions outside of the Defense
Acquisition University could play in addressing
gaps.
(d) Comptroller General Review of Acquisition Training for
Non-acquisition Workforce Personnel.--
(1) In general.--Not later than June 30, 2019, the
Comptroller General of the United States shall submit
to the congressional defense committees a report on
acquisition-related training for personnel working on
acquisitions but not considered to be part of the
acquisition workforce (as defined in section 101(18) of
title 10, United States Code) (hereafter in this
subsection referred to as ``non-acquisition workforce
personnel'').
(2) Elements.--The report shall address the
following:
(A) The extent to which non-acquisition
workforce personnel play a significant role in
defining requirements, conducting market
research, participating in source selection and
contract negotiation efforts, and overseeing
contract performance.
(B) The extent to which the Department is
able to identify and track non-acquisition
workforce personnel performing the roles
identified in subparagraph (A).
(C) The extent to which non-acquisition
workforce personnel are taking acquisition
training.
(D) The extent to which the Defense
Acquisition Workforce Development Fund has been
used to provide acquisition training to non-
acquisition workforce personnel.
(E) A description of sources of funding
other than the Fund that are available to and
used by the Department to provide non-
acquisition workforce personnel with
acquisition training.
(F) The extent to which additional
acquisition training is needed for non-
acquisition workforce personnel, including the
types of training needed, the positions that
need the training, and any challenges to
delivering necessary additional training.
SEC. 844. EXTENSION AND MODIFICATIONS TO ACQUISITION DEMONSTRATION
PROJECT.
(a) Extension.--Section 1762(g) of title 10, United States
Code, is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2023''.
(b) Increase in Limit on Number of Participants.--Section
1762(c) of title 10, United States Code, is amended by striking
``the demonstration project under this section may not exceed
120,000'' and inserting ``at any one time the demonstration
project under this section may not exceed 130,000''.
(c) Implementation Strategy for Improvements in Acquisition
Demonstration Project.--
(1) Strategy required.--The Secretary of Defense
shall develop an implementation strategy to address
areas for improvement in the demonstration project
required by section 1762 of title 10, United States
Code, as identified in the second assessment of such
demonstration project required by section 1762(e) of
such title.
(2) Elements.--The strategy shall include the
following elements:
(A) Actions that have been or will be taken
to assess whether the flexibility to set
starting salaries at different levels is being
used appropriately by supervisors and managers
to compete effectively for highly skilled and
motivated employees.
(B) Actions that have been or will be taken
to assess reasons for any disparities in career
outcomes across race and gender for employees
in the demonstration project.
(C) Actions that have been or will be taken
to strengthen the link between employee
contribution and compensation for employees in
the demonstration project.
(D) Actions that have been or will be taken
to enhance the transparency of the pay system
for employees in the demonstration project.
(E) A time frame and individual responsible
for each action identified under subparagraphs
(A) through (D).
(3) Briefing required.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense shall provide a briefing to the
Committees on Armed Services of the Senate and House of
Representatives and the Committee on Oversight and
Government Reform of the House of Representatives on
the implementation strategy required by paragraph (1).
Subtitle E--Provisions Relating to Commercial Items
SEC. 846. PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS.
(a) Establishment of Program.--The Administrator shall
establish a program to procure commercial products through
commercial e-commerce portals for purposes of enhancing
competition, expediting procurement, enabling market research,
and ensuring reasonable pricing of commercial products. The
Administrator shall carry out the program in accordance with
this section, through multiple contracts with multiple
commercial e-commerce portal providers, and shall design the
program to be implemented in phases with the objective of
enabling Government-wide use of such portals.
(b) Use of Program.--The head of a department or agency may
procure, as appropriate, commercial products for the department
or agency using the program established pursuant to subsection
(a).
(c) Implementation and Reporting Requirements.--The
Director of the Office of Management and Budget, in
consultation with the Administrator and the heads of other
relevant departments and agencies, shall carry out the
implementation phases set forth in, and submit to the
appropriate congressional committees the items of information
required by, the following paragraphs:
(1) Phase i: implementation plan.--Not later than
90 days after the date of the enactment of this Act, an
implementation plan and schedule for carrying out the
program established pursuant to subsection (a),
including a discussion and recommendations regarding
whether any changes to, or exemptions from, laws that
set forth policies, procedures, requirements, or
restrictions for the procurement of property or
services by the Federal Government are necessary for
effective implementation of this section.
(2) Phase ii: market analysis and consultation.--
Not later than one year after the date of the
submission of the implementation plan and schedule
required under paragraph (1), recommendations for any
changes to, or exemptions from, laws necessary for
effective implementation of this section, and
information on the results of the following actions:
(A) Market analysis and initial
communications with potential commercial e-
commerce portal providers on technical
considerations of how the portals function
(including the use of standard terms and
conditions of the portals by the Government),
the degree of customization that can occur
without creating a Government-unique portal,
the measures necessary to address the
considerations for supplier and product
screening specified in subsection (e), security
of data, considerations pertaining to
nontraditional Government contractors, and
potential fees, if any, to be charged by the
Administrator, the portal provider, or the
suppliers for participation in the program
established pursuant to subsection (a).
(B) Consultation with affected departments
and agencies about their unique procurement
needs, such as supply chain risks for health
care products, information technology,
software, or any other category determined
necessary by the Administrator.
(C) An assessment of the products or
product categories that are suitable for
purchase on the commercial e-commerce portals.
(D) An assessment of the precautions
necessary to safeguard any information
pertaining to the Federal Government,
especially precautions necessary to protect
against national security or cybersecurity
threats.
(E) A review of standard terms and
conditions of commercial e-commerce portals in
the context of Government requirements.
(F) An assessment of the impact on existing
programs, including schedules, set-asides for
small business concerns, and other preference
programs.
(3) Phase iii: program implementation guidance.--
Not later than two years after the date of the
submission of the implementation plan and schedule
required under paragraph (1), guidance to implement and
govern the use of the program established pursuant to
subsection (a), including protocols for oversight of
procurement through the program, and compliance with
laws pertaining to supplier and product screening
requirements, data security, and data analytics.
(4) Additional implementation phases.--A
description of additional implementation phases, as
determined by the Administrator, that includes a
selection of agencies to participate in any such
additional implementation phase (which may include the
award of contracts to multiple commercial e-commerce
portal providers).
(d) Considerations for Commercial e-commerce Portals.--The
Administrator shall consider commercial e-commerce portals for
use under the program established pursuant to subsection (a)
that are widely used in the private sector and have or can be
configured to have features that facilitate the execution of
program objectives, including features related to supplier and
product selection that are frequently updated, an assortment of
product and supplier reviews, invoicing payment, and customer
service.
(e) Information on Suppliers, Products, and Purchases.--
(1) Supplier participation and product screening.--
The Administrator shall provide or ensure electronic
availability to a commercial e-commerce portal provider
awarded a contract pursuant to subsection (a) on a
periodic basis information necessary to ensure
compliance with laws pertaining to supplier and product
screening as identified during implementation phase
III, as described in subsection (c)(3).
(2) Provision of order information.--The
Administrator shall require each commercial e-commerce
portal provider awarded a contract pursuant to
subsection (a) to provide order information as
determined by the Administrator during implementation
phase II, as described in subsection (c)(2).
(f) Relationship to Other Provisions of Law.--
(1) All laws, including laws that set forth
policies, procedures, requirements, or restrictions for
the procurement of property or services by the Federal
Government, apply to the program established pursuant
to subsection (a) unless otherwise provided in this
section.
(2) A procurement of a product made through a
commercial e-commerce portal under the program
established pursuant to subsection (a) is deemed to be
an award of a prime contract for purposes of the goals
established under section 15(g) of the Small Business
Act (15 U.S.C. 644(g)), if the purchase is from a
supplier that is a small business concern.
(3) Nothing in this section shall be construed as
limiting the authority of a department or agency to
restrict competition to small business concerns.
(4) Nothing in this section shall be construed as
limiting the applicability of section 1341 of title 31,
United States Code (popularly referred to as the Anti-
Deficiency Act).
(g) Use of Commercial Practices and Standard Terms and
Conditions.--A procurement of a product through a commercial e-
commerce portal used under the program established pursuant to
subsection (a) shall be made, to the maximum extent
practicable, under the standard terms and conditions of the
portal relating to purchasing on the portal.
(h) Disclosure, Protection, and Use of Information.--In any
contract awarded to a commercial e-commerce portal provider
pursuant to subsection (a), the Administrator shall require
that the provider--
(1) agree not to sell or otherwise make available
to any third party any information pertaining to a
product ordered by the Federal Government through the
commercial e-commerce portal in a manner that
identifies the Federal Government, or any of its
departments or agencies, as the purchaser, except if
the information is needed to process or deliver an
order or the Administrator provides written consent;
(2) agree to take the necessary precautions to
safeguard any information pertaining to the Federal
Government, especially precautions necessary to protect
against national security or cybersecurity threats; and
(3) agree not to use, for pricing, marketing,
competitive, or other purposes, any information related
to a product from a third-party supplier featured on
the commercial e-commerce portal or the transaction of
such a product, except as necessary to comply with the
requirements of the program established pursuant to
subsection (a).
(i) Simplified Acquisition Threshold.--A procurement
through a commercial e-commerce portal used under the program
established pursuant to subsection (a) shall not exceed the
simplified acquisition threshold in section 134 of title 41,
United States Code.
(j) Comptroller General Assessments.--
(1) Assessment of implementation plan.--Not later
than 90 days after the Director of the Office of
Management and Budget submits the implementation plan
described in subsection (c)(1) to the appropriate
congressional committees, the Comptroller General of
the United States shall submit to the appropriate
congressional committees an assessment of the plan,
including any other matters the Comptroller General
considers relevant to the plan.
(2) Assessment of program implementation.--Not
later than three years after the first contract with a
commercial e-commerce portal provider is awarded
pursuant to subsection (a), the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report on the challenges and
benefits the General Services Administration and
participating departments and agencies observe
regarding implementation of the program established
pursuant to subsection (a). The report shall include
the following elements:
(A) A description of the acquisition of the
commercial e-commerce portals (including the
extent to which the portals had to be
configured or otherwise modified to meet the
needs of the program) costs, and the
implementation schedule.
(B) A description of participation by
suppliers, with particular attention to those
described under subsection (e), that have
registered or that have sold goods with at
least one commercial e-commerce portal
provider, including numbers, categories, and
trends.
(C) The effect, if any, of the program on
the ability of agencies to meet goals
established for suppliers and products
described under subsection (e), including goals
established under section 15(g) of the Small
Business Act (15 U.S.C. 644(g)).
(D) A discussion of the limitations, if
any, to participation by suppliers in the
program.
(E) Any other matters the Comptroller
General considers relevant to report.
(k) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
following:
(A) The Committees on Armed Services of the
Senate and House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of
the House of Representatives.
(C) The Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives.
(3) Commercial e-commerce portal.--The term
``commercial e-commerce portal'' means a commercial
solution providing for the purchase of commercial
products aggregated, distributed, sold, or manufactured
via an online portal. The term does not include an
online portal managed by the Government for, or
predominantly for use by, Government agencies.
(4) Commercial product.--The term ``commercial
product'' means a commercially available off-the-shelf
item, as defined in section 104 of title 41, United
States Code, except the term does not include services.
(5) Small business concern.--The term ``small
business concern'' has the meaning given such term
under section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 847. REVISION TO DEFINITION OF COMMERCIAL ITEM.
(a) In General.--Section 103(8) of title 41, United States
Code, is amended by inserting before the period at the end the
following: ``or to multiple foreign governments''.
(b) Effect on Section 2464 of Title 10.--Nothing in the
amendment made by subsection (a) shall affect the meaning of
the term ``commercial item'' for purposes of subsection (a)(5)
of section 2464 of title 10, United States Code, or any
requirement under subsection (a)(3) or subsection (c) of such
section.
SEC. 848. COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new
subsection:
``(b) Items Previously Acquired Using Commercial Item
Acquisition Procedures.--
``(1) Determinations.--A contract for an item
acquired using commercial item acquisition procedures
under part 12 of the Federal Acquisition Regulation
shall serve as a prior commercial item determination
with respect to such item for purposes of this chapter
unless the senior procurement executive of the military
department or the Department of Defense as designated
for purposes of section 1702(c) of title 41 determines
in writing that it is no longer appropriate to acquire
the item using commercial item acquisition procedures.
``(2) Limitation.--(A) Except as provided under
subparagraph (B), funds appropriated or otherwise made
available to the Department of Defense may not be used
for the procurement under part 15 of the Federal
Acquisition Regulation of an item that was previously
acquired under a contract using commercial item
acquisition procedures under part 12 of the Federal
Acquisition Regulation.
``(B) The limitation under subparagraph (A) does
not apply to the procurement of an item that was
previously acquired using commercial item acquisition
procedures under part 12 of the Federal Acquisition
Regulation following--
``(i) a written determination by the head
of contracting activity pursuant to section
2306a(b)(4)(B) of this title that the use of
such procedures was improper; or
``(ii) a written determination by the
senior procurement executive of the military
department or the Department of Defense as
designated for purposes of section 1702(c) of
title 41 that it is no longer appropriate to
acquire the item using such procedures.''.
SEC. 849. REVIEW OF REGULATIONS ON COMMERCIAL ITEMS.
(a) Review of Determinations Not to Exempt Department of
Defense Contracts for Commercial Items and Commercially
Available Off-the-shelf Items From Certain Laws and
Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review each determination of the Federal
Acquisition Regulatory Council pursuant to section
1906(b)(2), section 1906(c)(3), or section 1907(a)(2)
of title 41, United States Code, not to exempt
contracts and subcontracts described in subsection (a)
of section 2375 of title 10, United States Code, from
laws such contracts and subcontracts would otherwise be
exempt from under section 1906(d) of title 41, United
States Code; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
provide an exemption from each law subject to such
determination unless the Secretary determines there is
a specific reason not to provide the exemption.
(b) Review of Certain Contract Clause Requirements
Applicable to Commercial Item Contracts.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall--
(1) review the Department of Defense Supplement to
the Federal Acquisition Regulation to assess all
regulations that require a specific contract clause for
a contract using commercial item acquisition procedures
under part 12 of the Federal Acquisition Regulation,
except for regulations required by law or Executive
order; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1)
unless the Secretary determines on a case-by-case basis
that there is a specific reason not to eliminate the
regulation.
(c) Elimination of Certain Contract Clause Regulations
Applicable to Commercially Available Off-the-shelf Item
Subcontracts.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review the Department of Defense Supplement to
the Federal Acquisition Regulation to assess all
regulations that require a prime contractor to include
a specific contract clause in a subcontract for
commercially available off-the-shelf items unless the
inclusion of such clause is required by law or
Executive order; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1)
unless the Secretary determines on a case-by-case basis
that there is a specific reason not to eliminate the
regulation.
SEC. 850. TRAINING IN COMMERCIAL ITEMS PROCUREMENT.
(a) Training.--Not later than one year after the date of
the enactment of this Act, the President of the Defense
Acquisition University shall establish a comprehensive training
program on part 12 of the Federal Acquisition Regulation. The
training shall cover, at a minimum, the following topics:
(1) The origin of part 12 and the congressional
mandate to prefer commercial procurements.
(2) The definition of a commercial item, with a
particular focus on the ``of a type'' concept.
(3) Price analysis and negotiations.
(4) Market research and analysis.
(5) Independent cost estimates.
(6) Parametric estimating methods.
(7) Value analysis.
(8) Best practices in pricing from commercial
sector organizations, foreign government organizations,
and other Federal, State, and local public sectors
organizations.
(9) Other topics on commercial procurements
necessary to ensure a well-educated acquisition
workforce.
(b) Enrollments Goals.--The President of the Defense
Acquisition University shall set goals for student enrollment
for the comprehensive training program established under
subsection (a).
(c) Supporting Activities.--The Secretary of Defense shall,
in support of the achievement of the goals of this section--
(1) engage academic experts on research topics of
interest to improve commercial item identification and
pricing methodologies; and
(2) facilitate exchange and interface opportunities
between government personnel to increase awareness of
best practices and challenges in commercial item
identification and pricing.
(d) Funding.--The Secretary of Defense shall use amounts
available in the Department of Defense Acquisition Workforce
Development Fund established under section 1705 of title 10,
United States Code, to fund the comprehensive training program
established under subsection (a).
Subtitle F--Provisions Relating to Services Contracting
SEC. 851. IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES.
(a) In General.--
(1) Improvement of planning for acquisition of
services.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2328 the
following new section:
``Sec. 2329. Procurement of services: data analysis and requirements
validation
``(a) In General.--The Secretary of Defense shall ensure
that--
``(1) appropriate and sufficiently detailed data
are collected and analyzed to support the validation of
requirements for services contracts and inform the
planning, programming, budgeting, and execution process
of the Department of Defense;
``(2) requirements for services contracts are
evaluated appropriately and in a timely manner to
inform decisions regarding the procurement of services;
and
``(3) decisions regarding the procurement of
services consider available resources and total force
management policies and procedures.
``(b) Specification of Amounts Requested in Budget.--
Effective October 1, 2022, the Secretary of Defense shall
annually submit to Congress information on services contracts
that clearly and separately identifies the amount requested for
each category of services to be procured for each Defense
Agency, Department of Defense Field Activity, command, or
military installation. Such information shall--
``(1) be submitted at or about the time of the
budget submission by the President under section
1105(a) of title 31;
``(2) cover the fiscal year covered by such budget
submission by the President;
``(3) be consistent with total amounts of estimated
expenditures and proposed appropriations necessary to
support the programs, projects, and activities of the
Department of Defense included in such budget
submission by the President for that fiscal year; and
``(4) be organized using a common enterprise data
structure developed under section 2222 of this title.
``(c) Data Analysis.--(1) Each Secretary of a military
department shall regularly analyze past spending patterns and
anticipated future requirements with respect to the procurement
of services within such military department.
``(2)(A) The Secretary of Defense shall regularly analyze
past spending patterns and anticipated future requirements with
respect to the procurement of services--
``(i) within each Defense Agency and Department of
Defense Field Activity; and
``(ii) across military departments, Defense
Agencies, and Department of Defense Field Activities.
``(B) The Secretaries of the military departments shall
make data on services contracts available to the Secretary of
Defense for purposes of conducting the analysis required under
subparagraph (A).
``(3) The analyses conducted under this subsection shall--
``(A) identify contracts for similar services that
are procured for three or more consecutive years at
each Defense Agency, Department of Defense Field
Activity, command, or military installation;
``(B) evaluate patterns in the procurement of
services, to the extent practicable, at each Defense
Agency, Department of Defense Field Activity, command,
or military installation and by category of services
procured;
``(C) be used to validate requirements for services
contracts entered into after the date of the enactment
of this subsection; and
``(D) be used to inform decisions on the award of
and funding for such services contracts.
``(d) Requirements Evaluation.--Each Services Requirements
Review Board shall evaluate each requirement for a services
contract, taking into consideration total force management
policies and procedures, available resources, the analyses
conducted under subsection (c), and contracting efficacy and
efficiency. An evaluation of a services contract for compliance
with contracting policies and procedures may not be considered
to be an evaluation of a requirement for such services
contract.
``(e) Timely Planning to Avoid Bridge Contracts.--(1)
Effective October 1, 2018, the Secretary of Defense shall
ensure that a requirements owner shall, to the extent
practicable, plan appropriately before the date of need of a
service at a Defense Agency, Department of Defense Field
Activity, command, or military installation to avoid the use of
a bridge contract to provide for continuation of a service to
be performed through a services contract. Such planning shall
include allowing time for a requirement to be validated, a
services contract to be entered into, and funding for the
services contract to be secured.
``(2)(A) Upon the first use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract
to provide for continuation of a service to be performed
through a services contract, the requirements owner, along with
the contracting officer or a designee of the contracting
officer for the contract, shall--
``(i) for a services contract in an amount less
than $10,000,000, provide an update on the status of
the bridge contract (including the rationale for using
the bridge contract) to the commander or the senior
civilian official of the Defense Agency concerned,
Department of Defense Field Activity concerned, command
concerned, or military installation concerned, as
applicable; or
``(ii) for a services contract in an amount equal
to or greater than $10,000,000, provide an update on
the status of the bridge contract (including the
rationale for using the bridge contract) to the service
acquisition executive for the military department
concerned, the head of the Defense Agency concerned,
the combatant commander concerned, or the Under
Secretary of Defense for Acquisition and Sustainment,
as applicable.
``(B) Upon the second use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract
to provide for continuation of a service to be performed
through a services contract in an amount less than $10,000,000,
the commander or senior civilian official referred to in
subparagraph (A)(i) shall provide notification of such second
use to the Vice Chief of Staff of the armed force concerned and
the service acquisition executive of the military department
concerned, the head of the Defense Agency concerned, the
combatant commander concerned, or the Under Secretary of
Defense for Acquisition and Sustainment, as applicable.
``(f) Exception.--Except with respect to the analyses
required under subsection (c), this section shall not apply
to--
``(1) services contracts in support of contingency
operations, humanitarian assistance, or disaster
relief;
``(2) services contracts in support of a national
security emergency declared with respect to a named
operation; or
``(3) services contracts entered into pursuant to
an international agreement.
``(g) Definitions.--In this section:
``(1) The term `bridge contact' means--
``(A) an extension to an existing contract
beyond the period of performance to avoid a
lapse in service caused by a delay in awarding
a subsequent contract; or
``(B) a new short-term contract awarded on
a sole-source basis to avoid a lapse in service
caused by a delay in awarding a subsequent
contract.
``(2) The term `requirements owner' means a member
of the armed forces (other than the Coast Guard) or a
civilian employee of the Department of Defense
responsible for a requirement for a service to be
performed through a services contract.
``(3) The term `Services Requirements Review Board'
has the meaning given in Department of Defense
Instruction 5000.74, titled `Defense Acquisition of
Services' and dated January 5, 2016, or a successor
instruction.''
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2328 the following
new item:
``2329. Procurement of services: data analysis and requirements
validation.''.
SEC. 852. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS FOR
SERVICES CONTRACTS.
(a) In General.--The Secretary of Defense shall encourage
the use of standard guidelines within the Department of Defense
for the evaluation of requirements for services contracts. Such
guidelines shall be available to the Services Requirements
Review Boards (established under Department of Defense
Instruction 5000.74, titled ``Defense Acquisition of Services''
and dated January 5, 2016, or a successor instruction) within
each Defense Agency, each Department of Defense Field Activity,
and each military department for the purpose of standardizing
the requirements evaluation required under section 2329 of
title 10, United States Code, as added by this Act.
(b) Definitions.--In this section--
(1) the terms ``Defense Agency'', ``Department of
Defense Field Activity'', and ``military department''
have the meanings given those terms in section 101 of
title 10, United States Code; and
(2) the term ``total force management policies and
procedures'' means the policies and procedures
established under section 129a of such title.
SEC. 853. REPORT ON OUTCOME-BASED SERVICES CONTRACTS.
Not later than April 1, 2018, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the merits of using
outcome-based services contracts within the Department of
Defense. Such report shall include a comparison of the use of
outcome-based services contracts by the Department of Defense
compared to input-based services contracts, the limitations of
outcome-based services contracts, and an analysis of the cost
implications of both approaches.
SEC. 854. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE CONTRACTS.
(a) Establishment.--The Secretary of Defense shall carry
out a pilot program under which the Secretary may use the
authority under subsection (a) of section 2306c of title 10,
United States Code, to enter into up to five contracts for
periods of not more than 10 years for services described in
subsection (b) of such section. Each contract entered into
pursuant to this subsection may be extended for up to five
additional one-year terms.
(b) Study.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall enter into an agreement with an
independent organization with relevant expertise to
study best practices and lessons learned from using
services contracts for periods longer than five years
by commercial companies, foreign governments, and State
governments, as well as service contracts for periods
longer than five years used by the Federal Government,
such as energy savings performance contracts (as
defined in section to section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(2) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
report on the study conducted under paragraph (1).
(c) Comptroller General Report.--Not later than five years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the pilot program carried out
under this section.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR
ADDITIONAL PROTOTYPE UNITS.
(a) Permanent Authority.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section
2302d the following new section:
``Sec. 2302e. Contract authority for advanced development of initial or
additional prototype units
``(a) Authority.--A contract initially awarded from the
competitive selection of a proposal resulting from a general
solicitation referred to in section 2302(2)(B) of this title
may contain a contract line item or contract option for--
``(1) the provision of advanced component
development, prototype, or initial production of
technology developed under the contract; or
``(2) the delivery of initial or additional items
if the item or a prototype thereof is created as the
result of work performed under the contract.
``(b) Limitations.--
``(1) Minimal amount.--A contract line item or
contract option described in subsection (a)(2) shall
require the delivery of the minimal amount of initial
or additional items to allow for the timely competitive
solicitation and award of a follow-on development or
production contract for those items.
``(2) Term.--A contract line item or contract
option described in subsection (a) shall be for a term
of not more than 2 years.
``(3) Dollar value of work.--The dollar value of
the work to be performed pursuant to a contract line
item or contract option described in subsection (a) may
not exceed $100,000,000, in fiscal year 2017 constant
dollars.
``(4) Applicability.--The authority provided in
subsection (a) applies only to the Secretary of
Defense, the Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2302d the following
new item:
``2302e. Contract authority for advanced development of initial or
additional prototype units.''.
(b) Repeal of Obsolete Authority.--Section 819 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 862. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.
Section 2358(b) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(5) by transactions (other than contracts,
cooperative agreements, and grants) entered into
pursuant to section 2371 or 2371b of this title; or
``(6) by purchases through procurement for
experimental purposes pursuant to section 2373 of this
title.''.
SEC. 863. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS.
Section 2371 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Education and Training.--The Secretary of Defense
shall--
``(1) ensure that management, technical, and
contracting personnel of the Department of Defense
involved in the award or administration of transactions
under this section or other innovative forms of
contracting are afforded opportunities for adequate
education and training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.''.
SEC. 864. OTHER TRANSACTION AUTHORITY FOR CERTAIN PROTOTYPE PROJECTS.
(a) Expanded Authority for Prototype Projects.--Subsection
(a)(2) of section 2371b of title 10, United States Code, is
amended--
(1) by striking ``for a prototype project'' each
place such term appears and inserting ``for a
transaction (for a prototype project)'';
(2) in subparagraph (A)--
(A) by striking ``$50,000,000'' and
inserting ``$100,000,000''; and
(B) by striking ``$250,000,000'' and
inserting ``$500,000,000''; and
(3) in subparagraph (B), by striking
``$250,000,000'' and inserting ``$500,000,000''.
(b) Clarification of Inclusion of Small Businesses
Participating in SBIR or STTR.--Subparagraph (B) of section
2371b(d)(1) of title 10, United States Code, is amended by
inserting ``(including small businesses participating in a
program described under section 9 of the Small Business Act (15
U.S.C. 638))'' after ``small businesses''.
(c) Modification of Cost Sharing Requirement for Use of
Other Transaction Authority.--Subparagraph (C) of such section
is amended by striking ``provided by parties to the
transaction'' and inserting ``provided by sources other than''.
(d) Use of Other Transaction Authority for Ongoing
Prototype Projects.--Subsection (f)(1) of section 2371b of
title 10, United States Code, is amended by adding at the end
the following: ``A transaction includes all individual
prototype subprojects awarded under the transaction to a
consortium of United States industry and academic
institutions.''.
SEC. 865. AMENDMENT TO NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION
PROTOTYPING PROGRAM.
Section 884(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2318; 10
U.S.C. 2302 note) is amended--
(1) by redesignating paragraph (9) as paragraph
(10); and
(2) by inserting after paragraph (8) the following
new paragraph (9):
``(9) Unmanned ground logistics and unmanned air
logistics capabilities enhancement.''.
SEC. 866. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND RAPID
FIELDING.
Section 804(c)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note)
is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
SEC. 867. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND EXPERIMENTAL
AUTHORITY.
In the execution of science and technology and prototyping
programs, the Secretary of Defense shall establish a
preference, to be applied in circumstances determined
appropriate by the Secretary, for using transactions other than
contracts, cooperative agreements, and grants entered into
pursuant to sections 2371 and 2371b of title 10, United States
Code, and authority for procurement for experimental purposes
pursuant to section 2373 of title 10, United States Code.
SEC. 868. PROTOTYPE PROJECTS TO DIGITIZE DEFENSE ACQUISITION
REGULATIONS, POLICIES, AND GUIDANCE, AND EMPOWER
USER TAILORING OF ACQUISITION PROCESS.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
shall conduct development efforts to develop prototypes to
digitize defense acquisition regulations, policies, and
guidance and to develop a digital decision support tool that
facilitates the ability of users to tailor programs in
accordance with existing laws, regulations, and guidance.
(b) Elements.--Under the prototype projects, the Secretary
shall--
(1) convert existing acquisition policies, guides,
memos, templates, and reports to an online, interactive
digital format to create a dynamic, integrated, and
authoritative knowledge environment for purposes of
assisting program managers and the acquisition
workforce of the Department of Defense to navigate the
complex lifecycle for each major type of acquisition
program or activity of the Department;
(2) as part of this digital environment, create a
digital decision support capability that uses decision
trees and tailored acquisition models to assist users
to develop strategies and facilitate coordination and
approvals; and
(3) as part of this environment, establish a
foundational data layer to enable advanced data
analytics on the acquisition enterprise of the
Department, to include business process reengineering
to improve productivity.
(c) Use of Prototypes in Acquisition Activities.--The Under
Secretary of Defense for Research and Engineering shall
encourage the use of these prototypes to model, develop, and
test any procedures, policies, instructions, or other forms of
direction and guidance that may be required to support
acquisition training, practices, and policies of the Department
of Defense.
(d) Funding.--The Secretary may use the authority under
section 1705(e)(4)(B) of title 10, United States Code, to
develop acquisition support prototypes and tools under this
program.
Subtitle H--Provisions Relating to Software Acquisition
SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE ACQUISITION CONSIDERATIONS.
(a) In General.--
(1) Requirement.--Chapter 137 of title 10, United
States Code, as amended by section 802, is further
amended by inserting after section 2322 the following
new section:
``Sec. 2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software
``(a) Consideration Required.--As part of any negotiation
for the acquisition of noncommercial computer software, the
Secretary of Defense shall ensure that such negotiations
consider, to the maximum extent practicable, acquisition, at
the appropriate time in the life cycle of the noncommercial
computer software, of all software and related materials
necessary--
``(1) to reproduce, build, or recompile the
software from original source code and required
libraries;
``(2) to conduct required computer software
testing; and
``(3) to deploy working computer software system
binary files on relevant system hardware.
``(b) Delivery of Software and Related Materials.--Any
noncommercial computer software or related materials required
to be delivered as a result of considerations in subsection (a)
shall, to the extent appropriate as determined by the
Secretary--
``(1) include computer software delivered in a
useable, digital format;
``(2) not rely on external or additional software
code or data, unless such software code or data is
included in the items to be delivered; and
``(3) in the case of negotiated terms that do not
allow for the inclusion of dependent software code or
data, sufficient documentation to support maintenance
and understanding of interfaces and software revision
history.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding
after the item relating to section 2322, as added by
section 802, the following new item:
``2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software.''.
(b) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
updated guidance to implement section 2322a of title 10, United
States Code, as added by subsection (a).
SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE ACQUISITION
REGULATIONS.
(a) Study.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall direct the Defense Innovation Board to
undertake a study on streamlining software development
and acquisition regulations.
(2) Member participation.--The Chairman of the
Defense Innovation Board shall select appropriate
members from the membership of the Board to participate
in the study, and may recommend additional temporary
members or contracted support personnel to the
Secretary of Defense for the purposes of the study. In
considering additional appointments to the study, the
Secretary of Defense shall ensure that members have
significant technical, legislative, or regulatory
expertise and reflect diverse experiences in the public
and private sector.
(3) Scope.--The study conducted pursuant to
paragraph (1) shall--
(A) review the acquisition regulations
applicable to, and organizational structures
within, the Department of Defense with a view
toward streamlining and improving the
efficiency and effectiveness of software
acquisition in order to maintain defense
technology advantage;
(B) review ongoing software development and
acquisition programs, including a cross section
of programs that offer a variety of application
types, functional communities, and scale, in
order to identify case studies of best and
worst practices currently in use within the
Department of Defense;
(C) produce specific and detailed
recommendations for any legislation, including
the amendment or repeal of regulations, as well
as non-legislative approaches, that the members
of the Board conducting the study determine
necessary to--
(i) streamline development and
procurement of software;
(ii) adopt or adapt best practices
from the private sector applicable to
Government use;
(iii) promote rapid adoption of new
technology;
(iv) improve the talent management
of the software acquisition workforce,
including by providing incentives for
the recruitment and retention of such
workforce within the Department of
Defense;
(v) ensure continuing financial and
ethical integrity in procurement; and
(vi) protect the best interests of
the Department of Defense; and
(D) produce such additional recommendations
for legislation as such members consider
appropriate.
(4) Access to information.--The Secretary of
Defense shall provide the Defense Innovation Board with
timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under
this subsection.
(b) Reports.--
(1) Interim reports.--Not later than 150 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit a report to or brief the
congressional defense committees on the interim
findings of the study conducted pursuant to subsection
(a). The Defense Innovation Board shall provide regular
updates to the Secretary of Defense and the
congressional defense committees for purposes of
providing the interim report.
(2) Final report.--Not later than one year after
the Secretary of Defense directs the Defense Advisory
Board to conduct the study, the Board shall transmit a
final report of the study to the Secretary. Not later
than 30 days after receiving the final report, the
Secretary of Defense shall transmit the final report,
together with such comments as the Secretary determines
appropriate, to the congressional defense committees.
SEC. 873. PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT METHODS
TO TAILOR MAJOR SOFTWARE-INTENSIVE WARFIGHTING
SYSTEMS AND DEFENSE BUSINESS SYSTEMS.
(a) Pilot Program.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries of the
military departments and the chiefs of the armed
forces, shall establish a pilot program to tailor and
simplify software development requirements and methods
for major software-intensive warfighting systems and
defense business systems.
(2) Implementation plan for pilot program.--Not
later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments and
the chiefs of the armed forces, shall develop a plan
for implementing the pilot program required under this
subsection, including guidance for implementing the
program and for selecting systems for participation in
the program.
(3) Selection of systems for pilot program.--
(A) The implementation plan shall require
that systems be selected as follows:
(i) For major software-intensive
warfighting systems, one system per
armed force and one defense-wide
system, including at least one major
defense acquisition program or major
automated information system.
(ii) For defense business systems,
not fewer than two systems and not
greater than eight systems.
(B) In selecting systems for participation,
the Secretary shall prioritize systems as
follows:
(i) For major software-intensive
warfighting systems, systems that--
(I) have identified
software development as a high
risk;
(II) have experienced cost
growth and schedule delay; and
(III) did not deliver any
operational capability within
the prior calendar year.
(ii) For defense business systems,
systems that--
(I) have experienced cost
growth and schedule delay;
(II) did not deliver any
operational capability within
the prior calendar year; and
(III) are underperforming
other systems within a defense
business system portfolio with
similar user requirements.
(b) Realignment Plans.--
(1) In general.--Not later than 60 days after
selecting a system for the pilot program under
subsection (a)(3), the Secretary shall develop a plan
for realigning the system by breaking down the system
into smaller increments using agile or iterative
development methods. The realignment plan shall include
a revised cost estimate that is lower than the cost
estimate for the system that was current as of the date
of the enactment of this Act.
(2) Realignment execution.--Each increment for a
realigned system shall--
(A) be designed to deliver a meaningfully
useful capability within the first 180 days
following realignment;
(B) be designed to deliver subsequent
meaningfully useful capabilities in time
periods of less than 180 days;
(C) incorporate multidisciplinary teams
focused on software production that prioritize
user needs and control of total cost of
ownership;
(D) be staffed with highly qualified
technically trained staff and personnel with
management and business process expertise in
leadership positions to support requirements
modification, acquisition strategy, and program
decisionmaking;
(E) ensure that the acquisition strategy
for the realigned system is broad enough to
allow for proposals of a service, system,
modified business practice, configuration of
personnel, or combination thereof for
implementing the strategy;
(F) include periodic engagement with the
user community, as well as representation by
the user community in program management and
software production activity;
(G) ensure that the acquisition strategy
for the realigned system favors outcomes-based
requirements definition and capability as a
service, including the establishment of
technical evaluation criteria as outcomes to be
used to negotiate service-level agreements with
vendors; and
(H) consider options for termination of the
relationship with any vendor unable or
unwilling to offer terms that meet the
requirements of this section.
(c) Removal of Systems.--The Secretary may remove a system
selected for the pilot program under subsection (a)(3) only
after the Secretary submits to the Committees on Armed Services
of the Senate and House of Representatives a written
determination that indicates that the selected system has been
unsuccessful in reducing cost or schedule growth, or is not
meeting the overall needs of the pilot program.
(d) Education and Training in Agile or Iterative
Development Methods.--
(1) Training requirement.--The Secretary shall
ensure that any personnel from the relevant
organizations in each of the military departments and
Defense Agencies participating in the pilot program,
including organizations responsible for engineering,
budgeting, contracting, test and evaluation,
requirements validation, and certification and
accreditation, receive targeted training in agile or
iterative development methods, including the interim
course required by section 891 of this Act.
(2) Support.--In carrying out the pilot program
under subsection (a), the Secretary shall ensure that
personnel participating in the program provide feedback
to inform the development of education and training
curricula as required by section 891.
(e) Sunset.--The pilot program required under subsection
(a) shall terminate on September 30, 2023. Any system selected
under subsection (a)(3) for the pilot program shall continue
after that date through the execution of its realignment plan.
(f) Agile or Iterative Development Defined.--In this
section, the term ``agile or iterative development'', with
respect to software--
(1) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(2) involves--
(A) the incremental development and
fielding of capabilities, commonly called
``spirals'', ``spins'', or ``sprints'', which
can be measured in a few weeks or months; and
(B) continuous participation and
collaboration by users, testers, and
requirements authorities.
SEC. 874. SOFTWARE DEVELOPMENT PILOT PROGRAM USING AGILE BEST
PRACTICES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
identify no fewer than four and up to eight software
development activities within the Department of Defense or
military departments to be developed in a pilot program using
agile acquisition methods.
(b) Streamlined Processes.--Software development activities
identified under subsection (a) shall be selected for the pilot
program and developed without incorporation of the following
contract or transaction requirements:
(1) Earned value management (EVM) or EVM-like
reporting.
(2) Development of integrated master schedule.
(3) Development of integrated master plan.
(4) Development of technical requirement document.
(5) Development of systems requirement documents.
(6) Use of information technology infrastructure
library agreements.
(7) Use of software development life cycle
(methodology).
(c) Roles and Responsibilities.--
(1) In general.--Selected activities shall include
the following roles and responsibilities:
(A) A program manager that is authorized to
make all programmatic decisions within the
overarching activity objectives, including
resources, funding, personnel, and contract or
transaction termination recommendations.
(B) A product owner that reports directly
to the program manager and is responsible for
the overall design of the product,
prioritization of roadmap elements and
interpretation of their acceptance criteria,
and prioritization of the list of all features
desired in the product.
(C) An engineering lead that reports
directly to the program manager and is
responsible for the implementation and
operation of the software.
(D) A design lead that reports directly to
the program manager and is responsible for
identifying, communicating, and visualizing
user needs through a human-centered design
process.
(2) Qualifications.--The Secretary shall establish
qualifications for personnel filling the positions
described in paragraph (1) prior to their selection.
The qualifications may not include a positive education
requirement and must be based on technical expertise or
experience in delivery of software products, including
agile concepts.
(3) Coordination plan for testing and certification
organizations.--The program manager shall ensure the
availability of resources for test and certification
organizations support of iterative development
processes.
(d) Plan.--The Secretary of Defense shall develop a plan
for each selected activity under the pilot program. The plan
shall include the following elements:
(1) Definition of a product vision, identifying a
succinct, clearly defined need the software will
address.
(2) Definition of a product road map, outlining a
noncontractual plan that identifies short-term and
long-term product goals and specific technology
solutions to help meet those goals and adjusts to
mission and user needs at the product owner's
discretion.
(3) The use of a broad agency announcement, other
transaction authority, or other rapid merit-based
solicitation procedure.
(4) Identification of, and continuous engagement
with, end users.
(5) Frequent and iterative end user validation of
features and usability consistent with the principles
outlined in the Digital Services Playbook of the U.S.
Digital Service.
(6) Use of commercial best practices for advanced
computing systems, including, where applicable--
(A) Automated testing, integration, and
deployment;
(B) compliance with applicable commercial
accessibility standards;
(C) capability to support modern versions
of multiple, common web browsers;
(D) capability to be viewable across
commonly used end user devices, including
mobile devices; and
(E) built-in application monitoring.
(e) Program Schedule.--The Secretary shall ensure that each
selected activity includes--
(1) award processes that take no longer than three
months after a requirement is identified;
(2) planned frequent and iterative end user
validation of implemented features and their usability;
(3) delivery of a functional prototype or minimally
viable product in three months or less from award; and
(4) follow-on delivery of iterative development
cycles no longer than four weeks apart, including
security testing and configuration management as
applicable.
(f) Oversight Metrics.--The Secretary shall ensure that the
selected activities--
(1) use a modern tracking tool to execute
requirements backlog tracking; and
(2) use agile development metrics that, at a
minimum, track--
(A) pace of work accomplishment;
(B) completeness of scope of testing
activities (such as code coverage, fault
tolerance, and boundary testing);
(C) product quality attributes (such as
major and minor defects and measures of key
performance attributes and quality attributes);
(D) delivery progress relative to the
current product roadmap; and
(E) goals for each iteration.
(g) Restrictions.--
(1) Use of funds.--No funds made available for the
selected activities may be expended on estimation or
evaluation using source lines of code methodologies.
(2) Contract types.--The Secretary of Defense may
not use lowest price technically acceptable contracting
methods or cost plus contracts to carry out selected
activities under this section, and shall encourage the
use of existing streamlined and flexible contracting
arrangements.
(h) Reports.--
(1) Software development activity commencement.--
(A) In general.--Not later than 30 days
before the commencement of a software
development activity under the pilot program
under subsection (a), the Secretary shall
submit to the congressional defense committees
a report on the activity (in this subsection
referred to as a ``pilot activity'').
(B) Elements.--The report on a pilot
activity under this paragraph shall set forth a
description of the pilot activity, including
the following information:
(i) The purpose of the pilot
activity.
(ii) The duration of the pilot
activity.
(iii) The efficiencies and benefits
anticipated to accrue to the Government
under the pilot program.
(2) Software development activity completion.--
(A) In general.--Not later than 60 days
after the completion of a pilot activity, the
Secretary shall submit to the congressional
defense committees a report on the pilot
activity.
(B) Elements.--The report on a pilot
activity under this paragraph shall include the
following elements:
(i) A description of results of the
pilot activity.
(ii) Such recommendations for
legislative or administrative action as
the Secretary considers appropriate in
light of the pilot activity.
(i) Definitions.--In this section:
(1) Agile acquisition.--The term ``agile
acquisition'' means acquisition using agile or
iterative development.
(2) Agile or iterative development.--The term
``agile or iterative development'', with respect to
software--
(A) means acquisition pursuant to a method
for delivering multiple, rapid, incremental
capabilities to the user for operational use,
evaluation, and feedback not exclusively linked
to any single, proprietary method or process;
and
(B) involves--
(i) the incremental development and
fielding of capabilities, commonly
called ``spirals'', ``spins'', or
``sprints'', which can be measured in a
few weeks or months; and
(ii) continuous participation and
collaboration by users, testers, and
requirements authorities.
SEC. 875. PILOT PROGRAM FOR OPEN SOURCE SOFTWARE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
initiate for the Department of Defense the open source software
pilot program established by the Office of Management and
Budget Memorandum M-16-21 titled ``Federal Source Code Policy:
Achieving Efficiency, Transparency, and Innovation through
Reusable and Open Source Software'' and dated August 8, 2016.
(b) Report to Congress.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide a report to Congress with details of the plan of
the Department of Defense to implement the pilot program
required by subsection (a). Such plan shall include identifying
candidate software programs, selection criteria, intellectual
property and licensing issues, and other matters determined by
the Secretary.
(c) Comptroller General Report.--Not later than June 1,
2019, the Comptroller General of the United States shall
provide a report to Congress on the implementation of the pilot
program required by subsection (a) by the Secretary of Defense.
The report shall address, at a minimum, the compliance of the
Secretary with the requirements of the Office of Management and
Budget Memorandum M-16-21, the views of various software and
information technology stakeholders in the Department of
Defense, and any other matters determined by the Comptroller
General.
Subtitle I--Other Matters
SEC. 881. EXTENSION OF MAXIMUM DURATION OF FUEL STORAGE CONTRACTS.
(a) Extension.--Section 2922(b) of title 10, United States
Code, is amended by striking ``20 years'' and inserting ``30
years''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into on or after
the date of the enactment of this Act, and may be applied to a
contract entered into before that date if the total contract
period under the contract (including options) has not expired
as of the date of any extension of such contract period by
reason of such amendment.
SEC. 882. PROCUREMENT OF AVIATION CRITICAL SAFETY ITEMS.
Section 814(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2271; 10
U.S.C. 2302 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``or an aviation critical
safety item (as defined in section 2319(g) of
this title)'' after ``personal protective
equipment''; and
(B) by inserting ``equipment or'' after
``failure of the''; and
(2) in paragraph (2), by inserting ``or item''
after ``equipment''.
SEC. 883. MODIFICATIONS TO THE ADVISORY PANEL ON STREAMLINING AND
CODIFYING ACQUISITION REGULATIONS.
(a) Extension of Date for Final Report.--
(1) Transmittal of panel final report.--Subsection
(e)(1) of section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 889), as amended by section 863(d) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2303), is amended--
(A) by striking ``Not later than two years
after the date on which the Secretary of
Defense establishes the advisory panel'' and
inserting ``Not later than January 15, 2019'';
and
(B) by striking ``the Secretary.'' and
inserting ``the Secretary of Defense and the
congressional defense committees.''.
(2) Secretary of defense action on final report.--
Subsection (e)(4) of such section is amended--
(A) by striking ``Not later than 30 days''
and inserting ``Not later than 60 days''; and
(B) by striking ``the final report,
together with such comments as the Secretary
determines appropriate,'' and inserting ``such
comments as the Secretary determines
appropriate''.
(b) Termination of Panel.--Such section is further amended
by adding at the end the following new subsection:
``(g) Termination of Panel.--The advisory panel shall
terminate 180 days after the date on which the final report of
the panel is transmitted pursuant to subsection (e)(1).''.
(c) Technical Amendment.--Subsection (d) of such section is
amended by striking ``resources,,'' and inserting
``resources,''.
SEC. 884. REPEAL OF EXPIRED PILOT PROGRAM FOR LEASING COMMERCIAL
UTILITY CARGO VEHICLES.
Section 807(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2401a note)
is repealed.
SEC. 885. EXCEPTION FOR BUSINESS OPERATIONS FROM REQUIREMENT TO ACCEPT
$1 COINS.
(a) In General.--Paragraph (1) of section 5112(p) of title
31, United States Code, is amended by adding at the end the
following new flush sentence:
``This paragraph does not apply with respect to
business operations conducted by any entity under a
contract with an agency or instrumentality of the
United States, including with any nonappropriated fund
instrumentality established under title 10, United
States Code.''.
(b) Conforming Amendment.--Such paragraph is further
amended--
(1) by striking ``and all entities that operate any
business, including vending machines, on any premises
owned by the United States or under the control of any
agency or instrumentality of the United States,
including the legislative and judicial branches of the
Federal Government,''; and
(2) by inserting ``and'' before ``all transit
systems''.
(c) Technical Amendment.--Subparagraph (B) of such
paragraph is amended by striking ``displays'' and inserting
``display''.
SEC. 886. DEVELOPMENT OF PROCUREMENT ADMINISTRATIVE LEAD TIME.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop, make available for public comment, and finalize--
(1) a definition of the term ``Procurement
Administrative Lead Time'' or ``PALT'', to be applied
Department of Defense-wide, that describes the amount
of time from the date on which a solicitation is issued
to the date of an initial award of a contract or task
order of the Department of Defense; and
(2) a plan for measuring and publicly reporting
data on PALT for Department of Defense contracts and
task orders above the simplified acquisition threshold.
(b) Requirement for Definition.--Unless the Secretary
determines otherwise, the amount of time in the definition of
PALT developed under subsection (a) shall--
(1) begin on the date on which the initial
solicitation is issued for a contract or task order of
the Department of Defense by the Secretary of a
military department or head of a Defense Agency; and
(2) end on the date of the award of the contract or
task order.
(c) Coordination.--In developing the definition of PALT,
the Secretary shall coordinate with--
(1) the senior contracting official of each
military department and Defense Agency to determine the
variations of the definition in use across the
Department of Defense and each military department and
Defense Agency; and
(2) the Administrator of the General Services
Administration on modifying the existing data system of
the Federal Government to determine the date on which
the initial solicitation is issued.
(d) Use of Existing Procurement Data Systems.--In
developing the plan for measuring and publicly reporting data
on PALT required by subsection (a), the Secretary shall, to the
maximum extent practicable, rely on the information contained
in the Federal procurement data system established pursuant to
section 1122(a)(4) of title 41, United States Code, including
any modifications to that system.
SEC. 887. NOTIONAL MILESTONES AND STANDARD TIMELINES FOR CONTRACTS FOR
FOREIGN MILITARY SALES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall
establish specific notional milestones and standard
timelines for the Department of Defense to achieve such
milestones in its processing of a foreign military sale
(as authorized under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.)). Such milestones
and timelines--
(A) may vary depending on the complexity of
the foreign military sale; and
(B) shall cover the period beginning on the
date of receipt of a complete letter of request
(as described in chapter 5 of the Security
Assistance Management Manual of the Defense
Security Cooperation Agency) from a foreign
country and ending on the date of the final
delivery of a defense article or defense
service sold through the foreign military sale.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a
report describing the milestones and timelines
developed pursuant to paragraph (1) of this section.
(b) Submissions to Congress.--
(1) Quarterly notification.--During the period
beginning 180 days after the date of the enactment of
this Act and ending on December 31, 2021, the Secretary
shall submit to the appropriate committees of Congress,
on a quarterly basis, a report that includes a list of
each foreign military sale with a value greater than or
equal to the dollar threshold for congressional
notification under section 36 of the Arms Export
Control Act (22 U.S.C. 2776)--
(A) for which the final delivery of a
defense article or defense service has not been
completed; and
(B) that has not met a standard timeline to
achieve a notional milestone as established
under subsection (a).
(2) Annual report.--Not later than November 1,
2019, and annually thereafter until December 31, 2021,
the Secretary shall submit to the appropriate
committees of Congress a report that summarizes--
(A) the number, set forth separately by
dollar value and notional milestone, of foreign
military sales that met the standard timeline
to achieve a notional milestone established
under subsection (a) during the preceding
fiscal year; and
(B) the number, set forth separately by
dollar value and notional milestone, of each
foreign military sale that did not meet the
standard timeline to achieve a notional
milestone established under subsection (a), and
a description of any extenuating factors
explaining why such a sale did not achieve such
milestone.
(c) Definitions.--In this section--
(1) the terms ``defense article'' and ``defense
service'' have the meanings given those terms,
respectively, in section 47 of the Arms Export Control
Act (22 U.S.C. 2794); and
(2) the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 888. ASSESSMENT AND AUTHORITY TO TERMINATE OR PROHIBIT CONTRACTS
FOR PROCUREMENT FROM CHINESE COMPANIES PROVIDING
SUPPORT TO THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, the Secretary
of the Treasury, and the Director of National
Intelligence, shall conduct an assessment of trade
between the People's Republic of China and the
Democratic People's Republic of Korea, including
elements deemed to be important to United States
national security and defense.
(2) Elements.--The assessment required by paragraph
(1) shall--
(A) assess the composition of all trade
between China and the Democratic People's
Republic of Korea, including trade in goods and
services;
(B) identify whether any Chinese commercial
entities that are engaged in such trade
materially support illicit activities on the
part of North Korea;
(C) evaluate the extent to which the United
States Government procures goods or services
from any commercial entity identified under
subparagraph (B);
(D) provide a list of commercial entities
identified under subparagraph (B) that provide
defense goods or services for the Department of
Defense; and
(E) evaluate the ramifications to United
States national security, including any impacts
to the defense industrial base, Department of
Defense acquisition programs, and Department of
Defense logistics or supply chains, of
prohibiting procurements from commercial
entities listed under subparagraph (D).
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the assessment
required by paragraph (1). The report shall be
submitted in unclassified form, but may contain a
classified annex.
(b) Authority.--The Secretary of Defense may terminate
existing contracts or prohibit the award of contracts for the
procurement of goods or services for the Department of Defense
from a Chinese commercial entity included on the list described
under subsection (a)(2)(D) based on a determination informed by
the assessment required under subsection (a)(1).
(c) Notification.--The Secretary of Defense shall submit to
the appropriate committees of Congress a notification of, and
detailed justification for, any exercise of the authority in
subsection (b) not less than 30 days before the date on which
the authority is exercised.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 889. REPORT ON DEFENSE CONTRACTING FRAUD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
defense contracting fraud.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A summary of fraud-related criminal convictions
and civil judgments or settlements over the previous
five fiscal years.
(2) A listing of contractors that within the
previous five fiscal years performed contracts for the
Department of Defense and were debarred or suspended
from Federal contracting based on a criminal conviction
for fraud.
(3) An assessment of the total value of Department
of Defense contracts entered into during the previous
five fiscal years with contractors that have been
indicted for, settled charges of, been fined by any
Federal department or agency for, or been convicted of
fraud in connection with any contract or other
transaction entered into with the Federal Government.
(4) Recommendations by the Inspector General of the
Department of Defense or other appropriate Department
of Defense official regarding how to penalize
contractors repeatedly involved in fraud in connection
with contracts or other transactions entered into with
the Federal Government, including an update on
implementation by the Department of any previous such
recommendations.
SEC. 890. COMPTROLLER GENERAL REPORT ON CONTRACTOR BUSINESS SYSTEM
REQUIREMENTS.
(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the congressional defense committees a
report evaluating the implementation and effectiveness of the
program for the improvement of contractor business systems
established pursuant to section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note). The report shall--
(1) describe how the requirements of such program
were implemented, including the roles and
responsibilities of relevant Defense Agencies and known
costs to the Federal Government and covered
contractors;
(2) analyze the extent to which implementation of
such program has affected, if at all, covered
contractor performance or the management and oversight
of covered contracts of the Department of Defense;
(3) assess how the amendments to contractor
business system requirements made by section 893 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2324) were implemented,
including--
(A) the effects of revising the definition
of ``covered contractor'' in section 893(g)(2)
of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note) and the
feasibility and the potential effects of
further increasing the percentage of the total
gross revenue included in the definition; and
(B) the extent to which third-party
independent auditors have conducted contractor
business system assessments pursuant to section
893(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note);
(4) identify any additional information or
management practices that could enhance the process for
assessing contractor business systems, particularly
when covered contractors have multiple covered
contracts with the Department of Defense; and
(5) include any other matters the Comptroller
General determines to be relevant.
(b) Contractor Business System Definitions.--In this
section, the terms ``covered contractor'', ``covered
contract'', and ``contractor business system'' have the
meanings given in section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note).
SEC. 891. TRAINING ON AGILE OR ITERATIVE DEVELOPMENT METHODS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the President of the Defense Acquisition
University, shall establish a training course at the Defense
Acquisition University on agile or iterative development
methods to provide training for personnel implementing and
supporting the pilot programs required by sections 873 and 874
of this Act.
(b) Course Elements.--
(1) In general.--The course shall be taught in
residence at the Defense Acquisition University and
shall include the following elements:
(A) Training designed to instill a common
understanding of all functional roles and
dependencies involved in developing and
producing a capability using agile or iterative
development methods.
(B) An exercise involving teams composed of
personnel from pertinent functions and
functional organizations engaged in developing
an integrated agile or iterative development
method for a specific program.
(C) Instructors and content from non-
governmental entities, as appropriate, to
highlight commercial best practices in using an
agile or iterative development method.
(2) Course updates.--The Secretary shall ensure
that the course is updated as needed, including through
incorporating lessons learned from the implementation
of the pilot programs required by sections 873 and 874
of this Act in subsequent versions of the course.
(c) Course Attendance.--The course shall be--
(1) available for certified acquisition personnel
working on programs or projects using agile or
iterative development methods; and
(2) mandatory for personnel participating in the
pilot programs required by sections 873 and 874 of this
Act from the relevant organizations in each of the
military departments and Defense Agencies, including
organizations responsible for engineering, budgeting,
contracting, test and evaluation, requirements
validation, and certification and accreditation.
(d) Agile Acquisition Support.--The Secretary and the
senior acquisition executives in each of the military
departments and Defense Agencies, in coordination with the
Director of the Defense Digital Service, shall assign to
offices supporting systems selected for participation in the
pilot programs required by sections 873 and 874 of this Act a
subject matter expert with knowledge of commercial agile
acquisition methods and Department of Defense acquisition
processes to provide assistance and to advise appropriate
acquisition authorities of the expert's observations.
(e) Agile Research Program.--The President of the Defense
Acquisition University shall establish a research program to
conduct research on and development of agile acquisition
practices and tools best tailored to meet the mission needs of
the Department of Defense.
(f) Agile or Iterative Development Defined.--The term
``agile or iterative development'', with respect to software--
(1) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(2) involves--
(A) the incremental development and
fielding of capabilities, commonly called
``spirals'', ``spins'', or ``sprints'', which
can be measured in a few weeks or months; and
(B) continuous participation and
collaboration by users, testers, and
requirements authorities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. TREATMENT OF INCUMBENT UNDER SECRETARY OF DEFENSE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
Section 901(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339; 10
U.S.C. 133a note) is amended by striking paragraph (2).
SEC. 902. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT WITH RESPECT TO SERVICE
ACQUISITION PROGRAMS FOR WHICH THE SERVICE
ACQUISITION EXECUTIVE IS THE MILESTONE DECISION
AUTHORITY.
Effective on February 1, 2018, and immediately after the
coming into effect of the amendment made by section 901(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2340), subsection (b)(6) of
section 133b of title 10, United States Code, as added by such
section 901(b), is amended by striking ``supervisory
authority'' and inserting ``advisory authority''.
SEC. 903. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER SECRETARY OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT.
(a) Repeal of Pending Executive Schedule Amendment.--
Section 901(h) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2342; 5 U.S.C.
5313 note) is amended--
(1) by striking ``new items'' and inserting ``new
item''; and
(2) by striking the item relating to the Under
Secretary of Defense for Acquisition and Sustainment.
(b) Executive Schedule Level III.--Effective on February 1,
2018, section 5314 of title 5, United States Code, is amended
by inserting before the item relating to the Under Secretary of
Defense for Policy the following new item:
``Under Secretary of Defense for Acquisition and
Sustainment.''.
SEC. 904. CONSISTENT PERIOD OF RELIEF FROM ACTIVE DUTY AS A
COMMISSIONED OFFICER OF A REGULAR COMPONENT OF THE
ARMED FORCES FOR APPOINTMENT TO UNDER SECRETARY OF
DEFENSE POSITIONS.
Chapter 4 of title 10, United States Code, is amended--
(1) in section 135(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.'';
(2) in section 136(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.''; and
(3) in section 137(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.''.
SEC. 905. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL DUTIES AND
POWERS OF CERTAIN OFFICIALS WITHIN THE OFFICE OF
THE UNDER SECRETARY OF DEFENSE (COMPTROLLER).
(a) Under Secretary of Defense (Comptroller).--
(1) Qualification for appointment.--Section 135(a)
of title 10, United States Code, as amended by section
904, is further amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) The Under Secretary of Defense (Comptroller) shall be
appointed from among persons who have significant budget,
financial management, or audit experience in complex
organizations.''.
(2) Duties and powers.--Section 135 of title 10,
United States Code, is further amended--
(A) by redesignating subsections (d) and
(e) as subsections (e) and (f), respectively;
and
(B) by inserting after subsection (c) the
following new subsection (d):
``(d) In addition to any duties under subsection (c), the
Under Secretary of Defense (Comptroller) shall, subject to the
authority, direction, and control of the Secretary of Defense,
do the following:
``(1) Provide guidance and instruction on annual
performance plans and evaluations to the following:
``(A) The Assistant Secretaries of the
military departments for financial management.
``(B) Any other official of an agency,
organization, or element of the Department of
Defense with responsibility for financial
management.
``(2) Give directions to the military departments,
Defense Agencies, and other organizations and elements
of the Department of Defense regarding their financial
statements and the audit and audit readiness of such
financial statements.''.
(b) Qualification for Appointment as Deputy Chief Financial
Officer.--The Deputy Chief Financial Officer of the Department
of Defense shall be appointed from among persons who have
significant budget, financial management, or audit experience
in complex organizations.
(c) Applicability.--The appointment qualifications imposed
by the amendments made by subsection (a)(1) and the appointment
qualifications imposed by subsection (b) shall apply with
respect to appointments as Under Secretary of Defense
(Comptroller) and Deputy Chief Financial Officer of the
Department of Defense that are made on or after the date of the
enactment of this Act.
SEC. 906. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES OF
DEFENSE AS DEPUTY UNDER SECRETARIES OF DEFENSE AND
RELATED MATTERS.
(a) Redesignation.--Section 137a of title 10, United States
Code, is amended by striking ``Principal'' each place it
appears.
(b) Increase in Authorized Number.--Section 137a(a)(1) of
title 10, United States Code, is amended by striking ``five''
and inserting ``six''.
(c) Replacement of ATL Position With Two Positions in
Connection With OSD Reform.--Effective on February 1, 2018,
section 137a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by striking paragraph (1) and inserting the
following new paragraphs:
``(1) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Research and Engineering.
``(2) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Acquisition and Sustainment.''.
(d) Conforming Amendments.--
(1) OSD.--Paragraph (6) of section 131(b) of title
10, United States Code, is amended to read as follows:
``(6) The Deputy Under Secretaries of Defense.''.
(2) Precedence.--Section 138(d) of title 10, United
States Code, is amended by striking ``Principal''.
(e) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended--
(1) by striking ``Principal'' in the items relating
to the Principal Deputy Under Secretary of Defense for
Policy, the Principal Deputy Under Secretary of Defense
for Personnel and Readiness, the Principal Deputy Under
Secretary of Defense (Comptroller), and the Principal
Deputy Under Secretary of Defense for Intelligence; and
(2) by inserting before the item relating to the
Deputy Under Secretary of Defense for Policy, as
amended by paragraph (1), the following new items:
``Deputy Under Secretary of Defense for Research
and Engineering.
``Deputy Under Secretary of Defense for Acquisition
and Sustainment.''.
(f) Clerical Amendments.--
(1) Heading amendment.--The heading of section 137a
of title 10, United States Code, is amended to read as
follows:
``Sec. 137a. Deputy Under Secretaries of Defense''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 4 of title 10, United States
Code, is amended by striking the item relating to
section 137a and inserting the following new item:
``137a. Deputy Under Secretaries of Defense.''.
SEC. 907. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC DESIGNATIONS
OF ASSISTANT SECRETARIES OF DEFENSE.
(a) Reduction of Authorized Number.--Section 138(a)(1) of
title 10, United States Code, is amended by striking ``14'' and
inserting ``13''.
(b) Elimination of Certain Specific Designations.--Section
138(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (2), (3), and (4), respectively.
SEC. 908. LIMITATION ON MAXIMUM NUMBER OF DEPUTY ASSISTANT SECRETARIES
OF DEFENSE.
The maximum number of Deputy Assistant Secretaries of
Defense after the date of the enactment of this Act may not
exceed 48.
SEC. 909. APPOINTMENT AND RESPONSIBILITIES OF CHIEF INFORMATION OFFICER
OF THE DEPARTMENT OF DEFENSE.
(a) Appointment Method and Qualifications.--Section 142(a)
of title 10, United States Code, is amended by inserting before
the period at the end the following: ``, who shall be appointed
by the President, by and with the advice and consent of the
Senate, from among civilians who are qualified to serve as such
officer''.
(b) Clarification of Certain Responsibilities.--Section
142(b)(1)(I) of title 10, United States Code, is amended by
striking ``the networking and cyber defense architecture'' and
inserting ``the information technology, networking, information
assurance, cybersecurity, and cyber capability architectures''.
(c) Additional Responsibilities Related to Budgets and
Standards.--Section 142(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(4); and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2)(A) The Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall require the
Secretaries of the military departments and the heads of the
Defense Agencies with responsibilities associated with any
activity specified in paragraph (1) to transmit the proposed
budget for such activities for a fiscal year and for the period
covered by the future-years defense program submitted to
Congress under section 221 of this title for that fiscal year
to the Chief Information Officer for review under subparagraph
(B) before submitting the proposed budget to the Under
Secretary of Defense (Comptroller).
``(B) The Chief Information Officer shall review each
proposed budget transmitted under subparagraph (A) and, not
later than January 31 of the year preceding the fiscal year for
which the budget is proposed, shall submit to the Secretary of
Defense a report containing the comments of the Chief
Information Officer with respect to all such proposed budgets,
together with the certification of the Chief Information
Officer regarding whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary
of Defense shall submit to Congress a report specifying each
proposed budget contained in the most-recent report submitted
under subparagraph (B) that the Chief Information Officer did
not certify to be adequate. The report of the Secretary shall
include the following matters:
``(i) A discussion of the actions that the
Secretary proposes to take, together with any
recommended legislation that the Secretary considers
appropriate, to address the inadequacy of the proposed
budgets specified in the report.
``(ii) Any additional comments that the Secretary
considers appropriate regarding the inadequacy of the
proposed budgets.
``(3)(A) The Secretary of a military department or head of
a Defense Agency may not develop or procure information
technology (as defined in section 11101 of title 40) that does
not fully comply with such standards as the Chief Information
Officer may establish.
``(B) The Chief Information Officer shall implement and
enforce a process for--
``(i) developing, adopting, or publishing standards
for information technology, networking, or cyber
capabilities to which any military department or
defense agency would need to adhere in order to run
such capabilities on defense networks; and
``(ii) certifying on a regular and ongoing basis
that any capabilities being developed or procured meets
such standards as have been published by the Department
at the time of certification.
``(C) The Chief Information Officer shall identify gaps in
standards and mitigation plans for operating in the absence of
acceptable standards.''.
(d) Direction and Precedence.--Section 142 of title 10,
United States Code, is amended by adding at the end the
following new subsections:
``(c) The Chief Information Officer of the Department of
Defense shall report directly to the Secretary of Defense in
the performance of duties under this section.
``(d) The Chief Information Officer of the Department of
Defense takes precedence in the Department of Defense with the
officials serving in positions specified in section 131(b)(4)
of this title. The officials serving in positions specified in
such section and the Chief Information Officer take precedence
among themselves in the order prescribed by the Secretary of
Defense.''.
(e) Alternative Proposal.--Not later than March 1, 2018,
the Secretary of Defense shall submit to the congressional
defense committees a proposal for such alternatives or
modifications to the realignment of responsibilities of the
Chief Information Officer of the Department of Defense required
by the amendments made by subsection (a) as the Secretary
considers appropriate, together with an implementation plan for
such proposal. The proposal may not be carried out unless
approved by statute.
(f) Service of Incumbent Without Further Appointment.--The
individual serving in the position of Chief Information Officer
of the Department of Defense as of January 1, 2019, may
continue to serve in such position commencing as of that date
without further appointment pursuant to section 142 of title
10, United States Code, as amended by this section.
(g) Effective Date of Amendments.--The amendments made by
this section shall take effect on January 1, 2019.
SEC. 910. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Chief Management Officer.--
(1) In general.--Effective February 1, 2018,
section 132a of title 10, United States Code, is
amended to read as follows:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed from
civilian life by the President, by and with the advice and
consent of the Senate.
``(2) The Chief Management Officer shall be appointed from
among persons who have an extensive management or business
background and experience with managing large or complex
organizations. A person may not be appointed as Chief
Management Officer within seven years after relief from active
duty as a commissioned officer of a regular component of an
armed force.
``(b) Responsibilities.--Subject to the authority,
direction, and control of the Secretary of Defense and the
Deputy Secretary of Defense, the Chief Management Officer shall
perform such duties and exercise such powers as the Secretary
or the Deputy Secretary may prescribe, including the following:
``(1) Serving as the chief management officer of
the Department of Defense with the mission of managing
enterprise business operations and shared services of
the Department of Defense.
``(2) Serving as the principal advisor to the
Secretary and the Deputy Secretary on establishing
policies for, and directing, all enterprise business
operations of the Department, including planning and
processes, business transformation, performance
measurement and management, and business information
technology management and improvement activities and
programs, including the allocation of resources for
enterprise business operations and unifying business
management efforts across the Department.
``(3) Exercising authority, direction, and control
over the Defense Agencies and Department of Defense
Field Activities providing shared business services for
the Department that are designated by the Secretary or
the Deputy Secretary for purposes of this paragraph.
``(4) As of January 1, 2019--
``(A) serving as the Chief Information
Officer of the Department for purposes of
section 2222 of this title;
``(B) administering the responsibilities
and duties specified in sections 11315 and
11319 of title 40, section 3506(a)(2) of title
44, and section 2223(a) of this title for
business systems and management; and
``(C) Exercising any responsibilities,
duties, and powers relating to business systems
or management that are exercisable by a chief
information officer for the Department, other
than those responsibilities, duties, and powers
of a chief information officer that are vested
in the Chief Information Officer of the
Department of Defense by section 142 of this
title.
``(5) Serving as the official with principal
responsibility in the Department for providing for the
availability of common, usable, Defense-wide data sets
with applications such as improving acquisition
outcomes and personnel management.
``(6) Authority to direct the Secretaries of the
military departments and the heads of all other
elements of the Department with regard to matters for
which the Chief Management Officer has responsibility
under this section.
``(c) Precedence.--The Chief Management Officer takes
precedence in the Department of Defense after the Secretary of
Defense and the Deputy Secretary of Defense.
``(d) Enterprise Business Operation Defined.--In this
section, the term `enterprise business operations' means those
activities that constitute the cross-cutting business
operations used by multiple components of the Department of
Defense, but not those activities that are directly tied to a
single military department or Department of Defense component.
The term includes business-support functions designated by the
Secretary of Defense or the Deputy Secretary of Defense for
purposes of this section, such as aspects of financial
management, healthcare, acquisition and procurement, supply
chain and logistics, certain information technology, real
property, and human resources operations.''.
(2) Clerical amendment.--Effective February 1,
2018, the table of sections at the beginning of chapter
4 of title 10, United States Code, is amended by
striking the item relating to section 132a and
inserting the following new item:
``132a. Chief Management Officer.''.
(b) Conforming Repeal of Prior Authorities on Chief
Management Officer.--
(1) In general.--Effective on January 31, 2018,
subsection (c) of section 901 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2341; 10 U.S.C. 131 note) is repealed,
and the amendments to be made by paragraph (4) of that
subsection shall not be made.
(2) Further conforming amendments.--Effective on
February 1, 2018, section 132 of title 10, United
States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as
subsection (c).
(c) Conforming Amendments on Precedence in DoD.--Effective
on February 1, 2018, and immediately after the coming into
effect of the amendments made by section 901 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2339; 10 U.S.C. 131 note)--
(1) section 131(b) of title 10, United States Code,
as amended by section 906(d)(1) of this Act, is further
amended--
(A) by redesignating paragraphs (2) through
(9) as paragraphs (3) through (10),
respectively; and
(B) by inserting after paragraph (1) the
following new paragraph (2):
``(2) The Chief Management Officer of the
Department of Defense.'';
(2) section 133a(c) of such title is amended--
(A) in paragraph (1), by striking ``and the
Deputy Secretary of Defense'' and inserting ``,
the Deputy Secretary of Defense, and the Chief
Management Officer of the Department of
Defense''; and
(B) in paragraph (2), by inserting ``the
Chief Management Officer,'' after ``the Deputy
Secretary,''; and
(3) section 133b(c) of such title is amended--
(A) in paragraph (1), by inserting ``the
Chief Management Officer of the Department of
Defense,'' after ``the Deputy Secretary of
Defense,''; and
(B) in paragraph (2), by inserting ``the
Chief Management Officer,'' after ``the Deputy
Secretary,''.
(d) Executive Schedule Level II.--Effective on February 1,
2018, and immediately after the coming into effect of the
amendment made by section 901(h) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2342; 5 U.S.C. 5313 note), section 5313 of title 5,
United States Code, is amended by inserting before the item
relating to the Under Secretary of Defense for Research and
Engineering the following new item:
``Chief Management Officer of the Department of
Defense.''.
(e) Service of Incumbent Deputy Chief Management Officer as
Chief Management Officer Upon Commencement of Latter Position
Without Further Appointment.--The individual serving in the
position of Deputy Chief Management Officer of the Department
of Defense as of February 1, 2018, may continue to serve as
Chief Management Officer of the Department of Defense under
section 132a of title 10, United States Code (as amended by
subsection (a)), commencing as of that date without further
appointment pursuant to such section 132a.
(f) Defense Agencies and Field Activities Providing Shared
Business Services.--
(1) Initial reporting requirement.--Not later than
January 15, 2018, the Secretary of Defense shall submit
to the congressional defense committees a report
specifying each Defense Agency and Department of
Defense Field Activity providing shared business
services for the Department of Defense that is to be
designated by the Secretary of Defense or the Deputy
Secretary of Defense for purposes of subsection (b)(3)
of section 132a of title 10, United States Code (as
amended by subsection (a)), as of the coming into
effect of such section 132a.
(2) Notice to congress on transfer of oversight.--
Upon the transfer to the Chief Management Officer of
the Department of Defense of responsibility for
oversight of shared business services of a Defense
Agency or Department of Defense Field Activity
specified in the report required by paragraph (1), the
Secretary of Defense shall submit to the congressional
defense committees a notice of the transfer, including
the Defense Agency or Field Activity subject to the
transfer and a description of the nature and scope of
the responsibility for oversight transferred.
Subtitle B--Data Management and Analytics
SEC. 911. POLICY ON TREATMENT OF DEFENSE BUSINESS SYSTEM DATA RELATED
TO BUSINESS OPERATIONS AND MANAGEMENT.
(a) Establishment of Policy.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall establish a data policy for the Department of Defense
that mandates that any data contained in a defense business
system related to business operations and management is an
asset of the Department of Defense.
(b) Availability.--As part of the policy required by
subsection (a), the Secretary of Defense shall ensure that,
except as otherwise provided by law or regulation, data
described in such subsection shall be made readily available to
members of the Office of the Secretary of Defense, the Joint
Staff, the military departments, the combatant commands, the
Defense Agencies, the Department of Defense Field Activities,
and all other offices, agencies, activities, and commands of
the Department of Defense, as applicable.
SEC. 912. TRANSPARENCY OF DEFENSE MANAGEMENT DATA.
(a) Common Enterprise Data.--
(1) In general.--Section 2222(e) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(5) Common enterprise data.--The defense business
enterprise shall include enterprise data that may be
automatically extracted from the relevant systems to
facilitate Department of Defense-wide analysis and
management of its business operations.
``(6) Roles and responsibilities.--
``(A) The Chief Management Officer of the
Department of Defense shall have primary
decision-making authority with respect to the
development of common enterprise data. In
consultation with the Defense Business Council,
the Chief Management Officer shall--
``(i) develop an associated data
governance process; and
``(ii) oversee the preparation,
extraction, and provision of data
across the defense business enterprise.
``(B) The Chief Management Officer and the
Under Secretary of Defense (Comptroller)
shall--
``(i) in consultation with the
Defense Business Council, document and
maintain any common enterprise data for
their respective areas of authority;
``(ii) participate in any related
data governance process;
``(iii) extract data from defense
business systems as needed to support
priority activities and analyses;
``(iv) when appropriate, ensure the
source data is the same as that used to
produce the financial statements
subject to annual audit;
``(v) in consultation with the
Defense Business Council, provide
access, except as otherwise provided by
law or regulation, to such data to the
Office of the Secretary of Defense, the
Joint Staff, the military departments,
the combatant commands, the Defense
Agencies, the Department of Defense
Field Activities, and all other
offices, agencies, activities, and
commands of the Department of Defense;
and
``(vi) ensure consistency of the
common enterprise data maintained by
their respective organizations.
``(C) The Director of Cost Assessment and
Program Evaluation shall have access to data
for the purpose of executing missions as
designated by the Secretary of Defense.
``(D) The Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments,
commanders of combatant commands, the heads of
the Defense Agencies, the heads of the
Department of Defense Field Activities, and the
heads of all other offices, agencies,
activities, and commands of the Department of
Defense shall provide access to the relevant
system of such department, combatant command,
Defense Agency, Defense Field Activity, or
office, agency, activity, and command
organization, as applicable, and data extracted
from such system, for purposes of automatically
populating data sets coded with common
enterprise data.''.
(2) Definitions.--Section 2222(i) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(10) Common enterprise data.--The term `common
enterprise data' means business operations or
management-related data, generally from defense
business systems, in a usable format that is
automatically accessible by authorized personnel and
organizations.
``(11) Data governance process.--The term `data
governance process' means a system to manage the timely
Department of Defense-wide sharing of data described
under subsection (a)(6)(A).''.
(b) Duties of Under Secretary of Defense (Comptroller).--
Section 135(b) of title 10, United States Code, is amended in
the second sentence by inserting after ``shall perform'' the
following: ``the duties assigned to the Under Secretary in
section 2222 of this title and''.
(c) Duties of Director of Cost Assessment and Program
Evaluation.--Section 139a(d) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(9) Performing the duties assigned to the
Director in section 2222 of this title.''.
(d) Implementation Plan for Common Enterprise Data.--
(1) Plan required.--Not later than one year after
the date of the enactment of this Act, the Deputy
Secretary of Defense, acting through the Chief
Management Officer of the Department of Defense, shall
develop a plan to implement the amendments made by
subsection (a).
(2) Elements.--At a minimum, the implementation
plan required by paragraph (1) shall include the
following elements:
(A) The major tasks required to implement
the requirements imposed by the amendments made
by subsection (a) and the recommended time
frames for each task.
(B) The estimated resources required to
complete each major task identified pursuant to
subparagraph (A).
(C) Any challenges associated with each
major task identified pursuant to subparagraph
(A) and related steps to mitigate such
challenge.
(D) A description of how data security
issues will be appropriately addressed in the
implementation of such requirements.
(E) A review of the curriculum taught at
the National Defense University, the Defense
Acquisition University, professional military
educational institutions, and appropriate
private sector academic institutions to
determine the extent to which the curricula
include appropriate courses on data management,
data analytics and other evaluation-related
methods.
(3) Role of under secretary of defense
(comptroller).--The Under Secretary of Defense
(Comptroller) shall ensure that the implementation plan
required by paragraph (1) does not conflict with the
financial statement audit priorities and timeline of
the Department of Defense.
(4) Submission to congress.--Upon completion of the
implementation plan required by paragraph (1), the
Chief Management Officer shall submit the plan to the
congressional defense committees.
(e) Application of New Authorities Required.--
(1) Data analytics capability required.--Not later
than September 30, 2020, the Chief Management Officer
of the Department of Defense shall establish and
maintain within the Department of Defense a data
analytics capability for purposes of supporting
enhanced oversight and management of the Defense
Agencies and Department of Defense Field Activities.
(2) Elements.--The data analytics capability shall
permit the following:
(A) The maintenance on a continuing basis
of an accurate tabulation of the amounts
expended by the Defense Agencies and Department
of Defense Field Activities on Government and
contractor personnel.
(B) The maintenance on a continuing basis
of an accurate number of the personnel
currently supporting the Defense Agencies and
Department of Defense Field Activities,
including the following:
(i) Members of the regular
components of the Armed Forces.
(ii) Members of the reserve
components of the Armed Forces.
(iii) Civilian employees of the
Department of Defense.
(iv) Detailees, whether from
another organization or element of the
Department or from another department
or agency of the Federal Government.
(C) The tracking of costs for employing
contract personnel, including federally funded
research and development centers.
(D) The maintenance on a continuing basis
of the following:
(i) An identification of the
functions being performed by each
Defense Agency and Department of
Defense Field Activity.
(ii) An accurate tabulation of the
amounts being expended by each Defense
Agency and Department of Defense Field
Activity on its functions.
(3) Reporting requirements.--
(A) Interim report.--Not later than one
year after the date of the enactment of this
Act, the Chief Management Officer of the
Department of Defense shall submit to the
congressional defense committees a report on
progress in establishing the data analytics
capability. The report shall include the
following:
(i) A description and assessment of
the efforts of the Chief Management
Officer through the date of the report
to establish the data analytics
capability.
(ii) A description of current gaps
in the data required to establish the
data analytics capability, and a
description of the efforts to be
undertaken to eliminate such gaps.
(B) Final report.--Not later than December
31, 2020, the Chief Management Officer shall
submit to the congressional defense committees
a report on the data analytics capability as
established pursuant to this section.
(f) Additional Pilot Programs Required.--
(1) In general.--The Secretary of Defense shall
carry out pilot programs to develop data integration
strategies for the Department of Defense to address
high-priority management challenges of the Department.
(2) Elements.--The pilot programs carried out under
the authority of this subsection shall involve data
integration strategies to address challenges of the
Department with respect to the following:
(A) The budget of the Department.
(B) Logistics.
(C) Personnel security and insider threats.
(D) At least two other high-priority
challenges of the Department identified by the
Secretary for purposes of this subsection.
(3) Report on pilot programs.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the pilot
programs to be carried out under this section,
including the challenge of the Department to be
addressed by the pilot program and the manner in which
the data integration strategy under the pilot program
will address the challenge. If any proposed pilot
program requires legislative action for the waiver or
modification of a statutory requirement that otherwise
prevents or impedes the implementation of the pilot
program, the Secretary shall include in the report a
recommendation for legislative action to waive or
modify the statutory requirement.
SEC. 913. ESTABLISHMENT OF SET OF ACTIVITIES THAT USE DATA ANALYSIS,
MEASUREMENT, AND OTHER EVALUATION-RELATED METHODS
TO IMPROVE ACQUISITION PROGRAM OUTCOMES.
(a) Establishment Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall establish a set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
the acquisition outcomes of the Department of Defense and
enhance organizational learning.
(b) Types of Activities.--The set of activities established
under subsection (a) may include any or all of the following:
--
(1) Establishment of data analytics capabilities
and organizations within an Armed Force.
(2) Development of capabilities in Department of
Defense laboratories, test centers, and federally
funded research and development centers to provide
technical support for data analytics activities that
support acquisition program management and business
process re-engineering activities.
(3) Increased use of existing analytical
capabilities available to acquisition programs and
offices to support improved acquisition outcomes.
(4) Funding of intramural and extramural research
and development activities to develop and implement
data analytics capabilities in support of improved
acquisition outcomes.
(5) Publication, to the maximum extent practicable,
and in a manner that protects classified and
proprietary information, of data collected by the
Department of Defense related to acquisition program
costs and activities for access and analyses by the
general public or Department research and education
organizations.
(6) Promulgation by the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of
the Air Force, and the Commandant of the Marine Corps,
in coordination with the Deputy Secretary of Defense,
the Under Secretary of Defense for Research and
Engineering, and the Under Secretary for Acquisition
and Sustainment, of a consistent policy as to the role
of data analytics in establishing budgets and making
milestone decisions for major defense acquisition
programs.
(7) Continual assessment, in consultation with the
private sector, of the efficiency of current data
collection and analyses processes, so as to minimize
the requirement for collection and delivery of data by,
from, and to Government organizations.
(8) Promulgation of guidance to acquisition
programs and activities on the efficient use, quality,
and sharing of enterprise data between programs and
organizations to improve acquisition program analytics
and outcomes.
(9) Establishment of focused research and
educational activities at the Defense Acquisition
University, and appropriate private sector academic
institutions, to support enhanced use of data
management, data analytics, and other evaluation-
related methods to improve acquisition outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
SEC. 921. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT SECRETARIES OF
THE MILITARY DEPARTMENTS FOR FINANCIAL MANAGEMENT.
(a) Assistant Secretary of the Army.--Section 3016(b)(4) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(b) Assistant Secretary of the Navy.--Section 5016(b)(3) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(c) Assistant Secretary of the Air Force.--Section
8016(b)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(d) Applicability.--The appointment qualifications imposed
by the amendments made by this section shall apply with respect
to an appointment as an Assistant Secretary of a military
department for financial management that is made on or after
the date of the enactment of this Act.
SEC. 922. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR DEPARTMENT OF
DEFENSE HEADQUARTERS ACTIVITIES PURSUANT TO
HEADQUARTERS REDUCTION PLAN.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796; 10
U.S.C. 111 note) is amended by adding at the end the following
new paragraph:
``(5) Manner of carrying out reductions.--
``(A) In general.--The Secretary of Defense
shall implement the headquarters reduction plan
referred to in paragraph (1), as modified
pursuant to that paragraph, so that reductions
in major Department of Defense headquarters
activities pursuant to the plan are carried out
only after consideration of--
``(i) the current manpower levels
of major Department of Defense
headquarters activities;
``(ii) the historic manpower levels
of major Department of Defense
headquarters activities;
``(iii) the mission requirements of
major Department of Defense
headquarters activities; and
``(iv) the anticipated staffing
needs of major Department of Defense
headquarters activities necessary to
meet national defense objectives.
``(B) Conforming modification of plan for
achievement of cost savings.--The Secretary of
Defense shall modify the plan for achievement
of cost savings required by subsection (a) to
take into account the requirement specified in
subparagraph (A).''.
SEC. 923. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY REDUCTIONS IN
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS
ACTIVITIES.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796 10
U.S.C. 111 note), as amended by section 922, is further amended
by adding at the end the following new paragraph:
``(6) Certifications on cost savings achieved.--Not
later than 120 days after the date of the enactment of
this paragraph, and not later than 60 days after the
end of each of fiscal years 2018 through 2020, the
Director of Cost Assessment and Program Evaluation
shall certify to the Secretary of Defense, and to the
congressional defense committees, the following:
``(A) The validity of the cost savings
achieved for each major Department of Defense
headquarters activity during the previous
fiscal year, including the cost of personnel
detailed by another Department entity to the
headquarters activity.
``(B) Whether the cost savings achieved for
each major Department of Defense headquarters
activity during that fiscal year met the
savings objective for the headquarters activity
for that fiscal year, as established pursuant
to paragraph (1).''.
SEC. 924. CORROSION CONTROL AND PREVENTION EXECUTIVES MATTERS.
(a) Scope and Level of Positions.--Section 903(a) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 2228 note) is
amended--
(1) by striking ``shall be the senior official''
and inserting ``shall be a senior official''; and
(2) by adding at the end the following new
sentence: ``Each individual so designated shall be a
senior civilian employee of the military department
concerned in pay grade GS-15 or higher.''.
(b) Qualifications.--Section 903 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 2228 note) is further amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Qualifications.--Any individual designated as a
corrosion control and prevention executive of a military
department pursuant to subsection (a) shall--
``(1) have a working knowledge of corrosion
prevention and control;
``(2) have strong program management and
communication skills; and
``(3) understand the acquisition, research,
development, test, and evaluation, and sustainment
policies and procedures of the military department,
including for the sustainment of infrastructure.''.
SEC. 925. BACKGROUND AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF
DEFENSE PERSONNEL.
(a) Transition To Discharge by Defense Security Service.--
(1) Secretarial authority.--The Secretary of
Defense has the authority to conduct security,
suitability, and credentialing background
investigations for Department of Defense personnel. In
carrying out such authority, the Secretary may use such
authority, or may delegate such authority to another
entity.
(2) Phased transition.--As part of providing for
the conduct of background investigations initiated by
the Department of Defense through the Defense Security
Service by not later than the deadline specified in
subsection (b), the Secretary shall, in consultation
with the Director of the Office of Personnel
Management, provide for a phased transition from the
conduct of such investigations by the National
Background Investigations Bureau of the Office of
Personnel Management to the conduct of such
investigations by the Defense Security Service by that
deadline.
(3) Transition elements.--The phased transition
required by paragraph (2) shall--
(A) provide for the transition of the
conduct of investigations to the Defense
Security Service using a risk management
approach; and
(B) be consistent with the transition from
legacy information technology operated by the
Office of Personnel Management to the new
information technology, including the National
Background Investigations System, as described
in subsection (f).
(b) Commencement of Implementation Plan for Ongoing
Discharge of Investigations Through DSS.--Not later than
October 1, 2020, the Secretary of Defense shall commence
carrying out the implementation plan developed pursuant to
section 951(a)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C.
1564 note).
(c) Transfer of Certain Functions Within DoD to DSS.--
(1) Transfer required.--For purposes of meeting the
requirements in subsections (a) and (b), the Secretary
of Defense shall transfer to the Defense Security
Service the functions, personnel, and associated
resources of the following organizations:
(A) The Consolidated Adjudications
Facility.
(B) Other organizations identified by the
Secretary for purposes of this paragraph.
(2) Supporting organizations.--In addition to the
organizations identified pursuant to paragraph (1), the
following organizations shall prioritize resources to
directly support the execution of requirements in
subsections (a) and (b):
(A) The Office of Cost Analysis and Program
Evaluation.
(B) The Defense Digital Service.
(C) Other organizations designated by the
Secretary for purposes of this paragraph.
(3) Timing and manner of transfer.--The Secretary--
(A) may carry out the transfer required by
paragraph (1) at any time before the date
specified in subsection (b) that the Secretary
considers appropriate for purposes of this
section; and
(B) shall carry out the transfer in a
manner designed to minimize disruptions to the
conduct of background investigations for
personnel of the Department of Defense.
(d) Transfer of Certain Functions in OPM to DSS.--
(1) In general.--For purposes of meeting the
requirements in subsections (a) and (b), the Secretary
of Defense shall provide for the transfer of the
functions described in paragraph (2), and any
associated personnel and resources, to the Department
of Defense.
(2) Functions.--The functions to be transferred
pursuant to paragraph (1) are the following:
(A) Any personnel security investigations
functions transferred by the Secretary to the
Director of the Office of Personnel Management
pursuant to section 906 of the National Defense
Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 5 U.S.C. 1101 note).
(B) Any other functions of the Office of
Personnel Management in connection with
background investigations initiated by the
Department of Defense that the Secretary and
the Director jointly consider appropriate.
(3) Assessment.--In carrying out the transfer of
functions pursuant to paragraph (1), the Secretary
shall conduct a comprehensive assessment of workforce
requirements for both the Department of Defense and the
National Background Investigations Bureau synchronized
to the transition plan, including a forecast of
workforce needs across the current future-years defense
plan for the Department. Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional
committees a report containing the results of the
assessment.
(4) Consultation.--The Secretary shall carry out
paragraphs (1), (2), and (3) in consultation with the
Director of the Office of Personnel Management and the
Director of the Office of Management and Budget.
(5) Location within dod.--Any functions transferred
to the Department of Defense pursuant to this
subsection shall be located within the Defense Security
Service.
(e) Conduct of Certain Actions.--For purposes of the
conduct of background investigations following the commencement
of carrying out the implementation plan referred to in
subsection (b), the Secretary of Defense shall provide for the
following:
(1) A single capability for the centralized
funding, submissions, and processing of all background
investigations, from within the Defense Security
Service.
(2) The discharge by the Consolidated Adjudications
Facility, from within the Defense Security Service
pursuant to transfer under subsection (c), of
adjudications in connection with the following:
(A) Background investigations.
(B) Continuous evaluation and vetting
checks.
(f) Enhancement of Information Technology Capabilities of
NBIS.--
(1) In general.--The Secretary of Defense shall
conduct a review of the information technology
capabilities of the National Background Investigations
System in order to determine whether enhancements to
such capabilities are required for the following:
(A) Support for background investigations
pursuant to this section and section 951 of the
National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2371;
10 U.S.C. 1564 note).
(B) Support of the National Background
Investigations Bureau.
(C) Execution of the conduct of background
investigations initiated by the Department of
Defense pursuant to this section, including
submissions and adjudications.
(2) Common component.--In providing for the
transition and operation of the National Background
Investigations System as described in paragraph (1)(C),
the Secretary shall develop a common component of the
System usable for background investigations by both the
Defense Security Service and the National Background
Investigations Bureau.
(3) Enhancements.--If the review pursuant to
paragraph (1) determines that enhancements described in
that paragraph are required, the Secretary shall carry
out such enhancements.
(4) Consultation.--The Secretary shall carry out
this subsection in consultation with the Director of
the Office of Personnel Management.
(g) Use of Certain Private Industry Data.--In carrying out
background and security investigations pursuant to this section
and section 951 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C.
1564 note), the Secretary of Defense may use background
materials collected on individuals by the private sector, in
accordance with national policies and standards, that are
applicable to such investigations, including materials as
follows:
(1) Financial information, including credit scores
and credit status.
(2) Criminal records.
(3) Drug screening.
(4) Verifications of information on resumes and
employment applications, such as previous employers,
educational achievement, and educational institutions
attended.
(5) Other publicly available electronic
information.
(h) Security Clearances for Contractor Personnel.--
(1) In general.--The Secretary of Defense shall
review the requirements of the Department of Defense
relating to position sensitivity designations for
contractor personnel in order to determine whether such
requirements may be reassessed or modified to reduce
the number and range of contractor personnel who are
issued security clearances in connection with work
under contracts with the Department.
(2) Guidance.--The Secretary shall issue guidance
to program managers, contracting officers, and security
personnel of the Department specifying requirements for
the review of contractor position sensitivity
designations and the number of contractor personnel of
the Department who are issued security clearances for
the purposes of determining whether the number of such
personnel who are issued security clearances should and
can be reduced.
(i) Personnel To Support the Transfer of Functions.--The
Secretary of Defense shall authorize the Director of the
Defense Security Service to promptly increase the number of
personnel of the Defense Security Service for the purpose of
beginning the establishment and expansion of investigative
capacity to support the phased transfer of investigative
functions from the Office of Personnel Management to the
Department of Defense under this section. The Director of Cost
Analysis and Program Assessment shall advise the Secretary on
the size of the initial investigative workforce and the rate of
growth of that workforce.
(j) Report on Future Periodic Reinvestigations, Insider
Threat, and Continuous Vetting.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report that includes the following:
(A) An assessment of the feasibility and
advisability of periodic reinvestigations of
backgrounds of Government and contractor
personnel with security clearances, including
lessons from all of the continuous evaluation
pilots being conducted throughout the
Government, and identification of new or
additional data sources and data analytic tools
needed for improving current continuous
evaluation or vetting capabilities.
(B) A plan to provide the Government with
an enhanced risk management model that reduces
the gaps in coverage perpetuated by the current
time-based periodic reinvestigations model,
particularly in light of the increasing use of
continuous background evaluations of personnel
referred to in subparagraph (A).
(C) A plan for expanding continuous
background vetting capabilities, such as the
Installation Matching Engine for Security and
Analysis, to the broader population, including
those at the lowest tiers and levels of access,
which plan shall include details to ensure that
all individuals credentialed for physical
access to Department of Defense facilities and
installations are vetted to the same level of
fitness determinations and subject to
appropriate continuous vetting.
(D) A plan to fully integrate and
incorporate insider threat data, tools, and
capabilities into the new end-to-end vetting
processes and supporting information technology
established by the Defense Security Service to
ensure a holistic and transformational approach
to detecting, deterring, and mitigating threats
posed by trusted insiders.
(2) Consultation.--The Secretary shall prepare the
report under paragraph (1) in consultation with the
Director of National Intelligence and the Director of
the Office of Personnel Management.
(k) Quarterly and Annual Briefings and Reports.--
(1) Annual assessment of timeliness.--Not later
than December 31, 2018, and each December 31 thereafter
through the date specified in paragraph (4), the
Security Executive Agent, in coordination with the
Chair and other Principals of the Security,
Suitability, and Credentialing Performance
Accountability Council, shall submit to the appropriate
committees of Congress a report on the timeliness of
personnel security clearance initiations,
investigations, and adjudications, by clearance level,
for both initial investigations and periodic
reinvestigations during the prior fiscal year for
Government and contractor employees, including the
following:
(A) The average periods of time taken by
each authorized investigative agency and
authorized adjudicative agency to initiate
cases, conduct investigations, and adjudicate
cases as compared with established timeliness
objectives, from the date a completed security
clearance application is received to the date
of adjudication and notification to the subject
and the subject's employer.
(B) The number of initial investigations
and periodic reinvestigations initiated and
adjudicated by each authorized adjudicative
agency.
(C) The number of initial investigations
and periodic reinvestigations carried over from
prior fiscal years by each authorized
investigative and adjudicative agency.
(D) The number of initial investigations
and periodic reinvestigations that resulted in
a denial or revocation of a security clearance
by each authorized adjudicative agency.
(E) The costs to the executive branch
related to personnel security clearance
initiations, investigations, adjudications,
revocations, and continuous evaluation.
(F) A discussion of any impediments to the
timely processing of personnel security
clearances.
(G) The number of clearance holders
enrolled in continuous evaluation and the
numbers and types of adverse actions taken as a
result by each authorized adjudicative agency.
(H) The number of personnel security
clearance cases, both initial investigations
and periodic reinvestigations, awaiting or
under investigation by the National Background
Investigations Bureau.
(I) Other information as appropriate,
including any recommendations to improve the
timeliness and efficiency of personnel security
clearance initiations, investigations, and
adjudications.
(2) Quarterly briefings.--Not later than the end of
each calendar-year quarter beginning after January 1,
2018, through the date specified in paragraph (4), the
Secretary of Defense shall provide the appropriate
congressional committees a briefing on the progress of
the Secretary in carrying out the requirements of this
section during that calendar-year quarter. Until the
backlog of security clearance applications at the
National Background Investigations Bureau is
eliminated, each quarterly briefing shall also include
the current status of the backlog and the resulting
mission and resource impact to the Department of
Defense and the defense industrial base. Until the
phased transition described in subsection (a) is
complete, each quarterly briefing shall also include
identification of any resources planned for movement
from the National Background Investigations Bureau to
the Department of Defense during the next calendar-year
quarter.
(3) Annual reports.--Not later than December 31,
2018, and each December 31 thereafter through the date
specified in paragraph (4), the Secretary of Defense
shall submit to the appropriate congressional
committees a report on the following for the calendar
year in which the report is to be submitted:
(A) The status of the Secretary in meeting
the requirements in subsections (a), (b), and
(c).
(B) The status of any transfers to be
carried out pursuant to subsection (d).
(C) An assessment of the personnel security
capabilities of the Department of Defense.
(D) The average periods of time taken by
each authorized investigative agency and
authorized adjudicative agency to initiate
cases, conduct investigations, and adjudicate
cases as compared with established timeliness
objectives, from the date a completed security
clearance application is received to the date
of adjudication and notification to the subject
and the subject's employer.
(E) The number of initial investigations
and periodic reinvestigations initiated and
adjudicated by each authorized adjudicative
agency.
(F) The number of initial investigations
and periodic reinvestigations carried over from
prior fiscal years by each authorized
investigative and adjudicative agency.
(G) The number of initial investigations
and periodic reinvestigations that resulted in
a denial or revocation of a security clearance
by each authorized adjudicative agency.
(H) The costs to the Department of Defense
related to personnel security clearance
initiations, investigations, adjudications,
revocations, and continuous evaluation.
(I) A discussion of any impediments to the
timely processing of personnel security
clearances.
(J) The number of clearance holders
enrolled in continuous evaluation and the
numbers and types of adverse actions taken as a
result.
(K) The number of personnel security
clearance cases, both initial investigations
and periodic reinvestigations, awaiting or
under investigation by the National Background
Investigations Bureau.
(L) Other information that the Secretary
considers appropriate, including any
recommendations to improve the timeliness and
efficiency of personnel security clearance
initiations, investigations, and adjudications.
(4) Termination.--No briefing or report is required
under this subsection after December 31, 2021.
(l) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services,
Appropriations, Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate; and
(2) the Committees on Armed Services,
Appropriations, Oversight and Government Reform, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle D--Miscellaneous Reporting Requirements
SEC. 931. ADDITIONAL ELEMENTS IN REPORTS ON POLICY, ORGANIZATION, AND
MANAGEMENT GOALS OF THE SECRETARY OF DEFENSE FOR
THE DEPARTMENT OF DEFENSE.
Section 912(a)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2349) is
amended by adding at the end the following new subparagraphs:
``(D) A civilian operating force structure
sized for operational effectiveness that is
manned, equipped, and trained to support
deployment time and rotation ratios that
sustain the readiness and needed retention
levels of the regular and reserve components of
the Armed Forces.
``(E) The hiring authorities and other
actions that the Secretary of Defense or the
Secretaries of the military departments will
take to eliminate any gaps between desired
programmed civilian workforce levels and the
current size of the civilian workforce, set
forth by mission and functional area.''.
SEC. 932. REPORT AND SENSE OF CONGRESS ON RESPONSIBILITY FOR
DEVELOPMENTAL TEST AND EVALUATION WITHIN THE OFFICE
OF THE SECRETARY OF DEFENSE.
(a) Report on Plans to Address Developmental Test and
Evaluation Responsibilities Within the Office of the Secretary
of Defense.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report containing a strategy to ensure that there is
sufficient expertise, oversight, and policy direction
on developmental test and evaluation within the Office
of the Secretary of Defense after the completion of the
reorganization of such Office required under section
901 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339).
(2) Elements.--The report required by paragraph (1)
shall address the following:
(A) The structure of the roles and
responsibilities of the senior Department of
Defense official responsible for developmental
test and evaluation, as distinct from
operational test and evaluation or systems
engineering.
(B) The location of the senior Department
of Defense official responsible for
developmental test and evaluation within the
organizational structure of the Office of the
Secretary of Defense.
(C) An estimate of personnel and other
resources that should be made available to the
senior Department of Defense official
responsible for developmental test and
evaluation to ensure that such official can
provide independent expertise, oversight, and
policy direction and guidance Department of
Defense-wide.
(D) Methods to ensure that the senior
Department of Defense official responsible for
developmental test and evaluation will be
empowered to facilitate Department of Defense-
wide efficiencies by helping programs to
optimize test designs and activities, including
ensuring access to program data and
participation in acquisition program oversight.
(E) Methods to ensure that an advocate for
test and evaluation workforce will continue to
exist within the acquisition workforce.
(b) Sense of Congress.--It is the sense of Congress that--
(1) developmental testing is critical to reducing
acquisition program risk by providing valuable
information to support sound decision making;
(2) major defense acquisition programs often do not
conduct enough developmental testing, so too many
problems are first identified during operational
testing, when they are expensive and time-consuming to
fix; and
(3) in order to ensure that effective developmental
testing is conducted on major defense acquisition
programs, the Secretary of Defense should--
(A) carefully consider where the senior
Department of Defense official responsible for
developmental test and evaluation is located
within the organizational structure of the
Office of the Secretary of Defense; and
(B) ensure that such official has
sufficient authority and resources to provide
oversight and policy direction on developmental
test and evaluation Department of Defense-wide.
SEC. 933. REPORT ON OFFICE OF CORROSION POLICY AND OVERSIGHT.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report--
(1) evaluating the continued need for the Office of
Corrosion Policy and Oversight; and
(2) containing a recommendation regarding whether
to retain or terminate the Office.
(b) Assessment.--As part of the report required by
subsection (a), the Secretary of Defense shall conduct an
assessment to determine whether there is duplication in matters
relating to corrosion prevention and control and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense between the Office of Corrosion Policy
and Oversight and other elements of the Department, including,
in particular, the Corrosion Control and Prevention Executives
of the military departments.
(c) Recommendation.--If the report required by subsection
(a) includes a recommendation to terminate the Office of
Corrosion Policy and Oversight, the Secretary of Defense shall
include recommendations for such additional authorities, if
any, for the military departments and the Armed Forces as the
Secretary considers appropriate to ensure the proper discharge
by the Department of Defense of functions relating to corrosion
prevention and control and mitigation of corrosion in the
absence of the Office.
Subtitle D--Other Matters
SEC. 941. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR THE UNITED
STATES.
(a) Extension of Deadlines for Reporting and Briefing
Requirements.--Section 942(e) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2368) is amended--
(1) in paragraph (1), by striking ``December 1,
2017'' and inserting ``July 1, 2018''; and
(2) in paragraph (2), by striking ``June 1, 2017''
and inserting ``March 1, 2018''.
(b) Treatment of Commission.--Section 942 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2368) is amended by adding at the end the
following new subsection:
``(h) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee Act
(Public Law 92-463; 5 U.S.C. App.) or section 552b of title 5,
United States Code (commonly known as the Government in the
Sunshine Act).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United