[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-91
115th Congress

An Act


 
To authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2018''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.

(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.

Subtitle C--Navy Programs

Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport
dock designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

[[Page 1293]]

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.

[[Page 1294]]

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.

[[Page 1295]]

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.

[[Page 1296]]

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.

[[Page 1297]]

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.

[[Page 1298]]

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.

[[Page 1299]]

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.

[[Page 1300]]

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.

[[Page 1301]]

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.

[[Page 1302]]

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.

[[Page 1303]]

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.

[[Page 1304]]

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.

[[Page 1305]]

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.

[[Page 1306]]

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--

[[Page 1307]]

(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

[[Page 1308]]

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.

[[Page 1309]]

(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

[[Page 1310]]

(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

[[Page 1311]]

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

[[Page 1312]]

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

[[Page 1313]]

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;

[[Page 1314]]

(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

[[Page 1315]]

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,

[[Page 1316]]

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.

[[Page 1317]]

(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.

[[Page 1318]]

(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.

[[Page 1319]]

(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.

[[Page 1320]]

(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.

[[Page 1321]]

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.

[[Page 1322]]

(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.

[[Page 1323]]

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.--

[[Page 1324]]

(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.''.

[[Page 1325]]

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).

[[Page 1326]]

``(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.

[[Page 1327]]

``(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).''.

[[Page 1328]]

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.

[[Page 1329]]

(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

[[Page 1330]]

``(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):

[[Page 1331]]

``(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:

[[Page 1332]]

``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:

[[Page 1333]]

``(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

[[Page 1334]]

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.

[[Page 1335]]

(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

[[Page 1336]]

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.

[[Page 1337]]

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

[[Page 1338]]

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.

[[Page 1339]]

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

[[Page 1340]]

(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

[[Page 1341]]

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:

[[Page 1342]]

(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.

[[Page 1343]]

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.

[[Page 1344]]

``(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

[[Page 1345]]

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;

[[Page 1346]]

``(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.

[[Page 1347]]

``(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''.

[[Page 1348]]

(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.--

[[Page 1349]]

(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

[[Page 1350]]

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

[[Page 1351]]

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.

[[Page 1352]]

(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''.

[[Page 1353]]

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--

[[Page 1354]]

``(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

[[Page 1355]]

(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.--

[[Page 1356]]

(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.

[[Page 1357]]

(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

[[Page 1358]]

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:

[[Page 1359]]

(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.

[[Page 1360]]

(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--

[[Page 1361]]

(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

[[Page 1362]]

(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

[[Page 1363]]

(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

[[Page 1364]]

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.

[[Page 1365]]

(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

[[Page 1366]]

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

[[Page 1367]]

(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.

[[Page 1368]]

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

[[Page 1369]]

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

[[Page 1370]]

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.

[[Page 1371]]

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.

[[Page 1372]]

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.

[[Page 1373]]

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

[[Page 1374]]

(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''.

[[Page 1375]]

(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

[[Page 1376]]

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,

[[Page 1377]]

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

[[Page 1378]]

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.

[[Page 1379]]

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.''.

[[Page 1380]]

(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,''.

[[Page 1381]]

(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.

[[Page 1382]]

(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.''.

[[Page 1383]]

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.

[[Page 1384]]

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

[[Page 1385]]

(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

[[Page 1386]]

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

[[Page 1387]]

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.

[[Page 1388]]

(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.

[[Page 1389]]

``(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

[[Page 1390]]

``(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

[[Page 1391]]

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;

[[Page 1392]]

(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

[[Page 1393]]

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.--

[[Page 1394]]

(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

[[Page 1395]]

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.''.

[[Page 1396]]

(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.

[[Page 1397]]

(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

[[Page 1398]]

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.

[[Page 1399]]

(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

[[Page 1400]]

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.

[[Page 1401]]

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),''.

[[Page 1402]]

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.

[[Page 1403]]

``(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

[[Page 1404]]

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;

[[Page 1405]]

(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

[[Page 1406]]

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:

[[Page 1407]]

(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

[[Page 1408]]

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.

[[Page 1409]]

(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).

[[Page 1410]]

(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.

[[Page 1411]]

(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

[[Page 1412]]

(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

[[Page 1413]]

(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''.

[[Page 1414]]

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

[[Page 1415]]

(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,

[[Page 1416]]

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.

[[Page 1417]]

Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.

Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits

Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit
Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.

Subtitle D--Other Matters

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.

Subtitle A--Pay and Allowances

SEC. 601. <>  ANNUAL ADJUSTMENT OF BASIC
MONTHLY PAY.

The adjustment in the rates of monthly basic pay required by
subsection (a) of section 1009 of title 37, United States Code, to be
made on January 1, 2018, shall take effect, notwithstanding any
determination made by the President under subsection (e) of such section
with respect to an alternative pay adjustment to be made on such date.
SEC. 602. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM
MEMBERS LIVING IN UNITS UNDER MILITARY
HOUSING PRIVATIZATION INITIATIVE.

(a) Prohibition.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2886. <>  Prohibiting collection of
amounts in addition to rent from members
assigned to units

``(a) Prohibition.--An agreement for acquiring or constructing a
military family housing unit or military unaccompanied housing unit
under this subchapter which is entered into between the Secretary and an
eligible entity shall prohibit the entity from imposing on a member of
the armed forces who occupies the unit a supplemental payment, such as
an out-of-pocket fee, in addition to the amount of rent the eligible
entity charges for a unit of similar size and composition, without
regard to whether or not the amount of the member's basic allowance for
housing is less than the amount of the rent.
``(b) Permitting Certain Additional Payments.--Nothing in this
section shall be construed to prohibit an eligible entity from

[[Page 1418]]

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.--

[[Page 1419]]

(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.

[[Page 1420]]

``(4) Equitable basic allowance for housing.--If a spouse or
other dependent of a member relocates at a time different from
the member in accordance with a request approved under
subsection (a), the amount of basic allowance for housing
payable may be based on whichever of the following areas the
Secretary concerned determines to be the most equitable:
``(A) The area of the duty station to which the
member is reassigned.
``(B) The area in which the spouse or other
dependent resides, but only if the spouse or other
dependent resides in that area when the member departs
for the duty station to which the member is reassigned,
and only for the period during which the spouse or other
dependent resides in that area.
``(C) The area of the former duty station of the
member, but only if that area is different from the area
in which the spouse or other dependent resides.

``(c) Rule of Construction Related to Certain Basic Allowance for
Housing Payments.--Nothing in this section shall be construed to limit
the payment or the amount of basic allowance for housing payable under
section 403(d)(3)(A) of this title to a member whose request under
subsection (a) is approved.
``(d) Housing Treatment Education.--The regulations prescribed
pursuant to this section shall ensure the relocation assistance programs
under section 1056 of title 10 include, as part of the assistance
normally provided under such section, education about the housing
treatment available under this section.
``(e) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to
subparagraph (B), the term `covered relocation period', when
used with respect to a permanent change of station of a member
of the armed forces, means the period that--
``(i) begins 180 days before the date of the
permanent change of station; and
``(ii) ends 180 days after the date of the permanent
change of station.
``(B) The regulations prescribed pursuant to this section
may provide for a shortening or lengthening of the covered
relocation period of a member for purposes of this section.
``(2) Dependent.--The term `dependent' has the meaning given
that term in section 401 of this title.
``(3) Permanent change of station.--The term `permanent
change of station' means a permanent change of station described
in section 452(b)(2) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 such title <>
is amended by inserting after the item relating to section 403
the following new item:

``403a. Housing treatment for certain members of the armed forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.''.

(b) <>  Effective Date.--The amendments
made by this section shall take effect on October 1, 2018.

[[Page 1421]]

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'':

[[Page 1422]]

(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.

[[Page 1423]]

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.

[[Page 1424]]

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--

[[Page 1425]]

``(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

[[Page 1426]]

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

[[Page 1427]]

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

[[Page 1428]]

(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

[[Page 1429]]

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.''.

[[Page 1430]]

(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.

[[Page 1431]]

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.

[[Page 1432]]

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

[[Page 1433]]

(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

[[Page 1434]]

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:

[[Page 1435]]

``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.

[[Page 1436]]

``(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

[[Page 1437]]

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'';

[[Page 1438]]

(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.

[[Page 1439]]

``(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:

[[Page 1440]]

``(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:

[[Page 1441]]

(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.

[[Page 1442]]

(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

[[Page 1443]]

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.

[[Page 1444]]

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.

[[Page 1445]]

(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.

[[Page 1446]]

(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''.

[[Page 1447]]

(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.

[[Page 1448]]

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.

[[Page 1449]]

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.

[[Page 1450]]

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;

[[Page 1451]]

``(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

[[Page 1452]]

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.

[[Page 1453]]

``(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--

[[Page 1454]]

``(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

[[Page 1455]]

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.''.


[[Page 1456]]



(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.

[[Page 1457]]

(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

[[Page 1458]]

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.

[[Page 1459]]

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

[[Page 1460]]

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

[[Page 1461]]

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

[[Page 1462]]

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

[[Page 1463]]

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

[[Page 1464]]

(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.''.

[[Page 1465]]

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''.

[[Page 1466]]

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.

[[Page 1467]]

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--

[[Page 1468]]

``(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--

[[Page 1469]]

``(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

[[Page 1470]]

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.--

[[Page 1471]]

(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

[[Page 1472]]

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

[[Page 1473]]

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.''.

[[Page 1474]]

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

[[Page 1475]]

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.--

[[Page 1476]]

(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.

[[Page 1477]]

(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.

[[Page 1478]]

(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

[[Page 1479]]

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.''.

[[Page 1480]]

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.

[[Page 1481]]

(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:

[[Page 1482]]

(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.

[[Page 1483]]

(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

[[Page 1484]]

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

[[Page 1485]]

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

[[Page 1486]]

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

[[Page 1487]]

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--

[[Page 1488]]

(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.

[[Page 1489]]

(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--

[[Page 1490]]

``(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

[[Page 1491]]

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

[[Page 1492]]

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

[[Page 1493]]

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.''.

[[Page 1494]]

(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

[[Page 1495]]

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

[[Page 1496]]

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

[[Page 1497]]

``(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

[[Page 1498]]

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

[[Page 1499]]

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

[[Page 1500]]

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:

[[Page 1501]]

(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.

[[Page 1502]]

(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.

[[Page 1503]]

(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.

[[Page 1504]]

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).''.

[[Page 1505]]

(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

[[Page 1506]]

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

[[Page 1507]]

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.

[[Page 1508]]

(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

[[Page 1509]]

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.

[[Page 1510]]

(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.

[[Page 1511]]

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

[[Page 1512]]

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--

[[Page 1513]]

(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--

[[Page 1514]]

(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

[[Page 1515]]

(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.

[[Page 1516]]

``(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

[[Page 1517]]

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.

[[Page 1518]]

(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

[[Page 1519]]

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.

[[Page 1520]]

``(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''.

[[Page 1521]]

(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

[[Page 1522]]

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

[[Page 1523]]

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.

[[Page 1524]]

(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

[[Page 1525]]

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).''.

[[Page 1526]]

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

[[Page 1527]]

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

[[Page 1528]]

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

[[Page 1529]]

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).

[[Page 1530]]

(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

[[Page 1531]]

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.

[[Page 1532]]

(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.--

[[Page 1533]]

(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.

[[Page 1534]]

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.

[[Page 1535]]

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.

[[Page 1536]]

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.

[[Page 1537]]

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2018 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).

(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.

(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. CONSOLIDATION, CODIFICATION, AND IMPROVEMENT OF CERTAIN
AUTHORITIES AND REQUIREMENTS IN
CONNECTION WITH THE AUDIT OF THE
FINANCIAL STATEMENTS OF THE DEPARTMENT
OF DEFENSE.

(a) Establishment of New Chapter on Audit.--
(1) In general.--Part I of subtitle A of title 10, United
States Code, <>  is amended by
inserting after chapter 9 the following new chapter:

``CHAPTER 9A--AUDIT

``Sec.
``251. Audit of Department of Defense financial statements.
``252. Financial Improvement and Audit Remediation Plan.
``253. Audit: consolidated corrective action plan; centralized reporting
system.
``254. Audits: audit of financial statements of Department of Defense
components by independent external auditors.
``254a. Audits: use of commercial data integration and analysis products
in preparing audits.
``254b. Audits: selection of service providers for audit services.''.

(2) <>  Clerical amendments.--
The tables of chapters at the beginning of subtitle A of title
10, United States Code, and

[[Page 1538]]

part I of such subtitle, <>  are
each amended by inserting after the item relating to chapter 9
the following new item:

``9A. Audit.......................................................251''.

(b) Requirement for Audit of Financial Statements.--
(1) In general.--Chapter 9A of title 10, United States Code,
as added by subsection (a), is amended by inserting after the
table of sections a new section 251 as follows:
``Sec. 251. <> Audit of Department of Defense
financial statements

``(a) Annual Audit Required.--The Secretary of Defense shall ensure
that a full audit is performed on the financial statements of the
Department of Defense for each fiscal year as required by section
3521(e) of title 31.
``(b) Annual Report on Audit.--The Secretary shall submit to
Congress the results of the audit performed in accordance with
subsection (a) for a fiscal year by not later than March 31 of the
following fiscal year.''.
(2) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 842; 10 U.S.C. 2222 note) is repealed.

(c) Financial Improvement and Audit Remediation Plan.--
(1) In general.--Chapter 9A of title 10, United States Code,
as added and amended by this section, is further amended by
inserting after section 251, as added by subsection (b), a new
section 252 consisting of--
(A) a heading as follows:
``Sec. 252. <>  Financial Improvement and Audit
Remediation Plan''; and
(B) a text consisting subsection (a) of section 1003
of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 2222 note).
(2) Amendments in connection with codification.--Subsection
(a) of section 252 of title 10, United States Code, as added by
paragraph (1), is amended--
(A) in paragraph (1), by striking ``develop and'';
and
(B) in paragraph (2)(B), by striking ``of title 10,
United States Code'' and inserting ``of this title''.
(3) Improvements.--Such section 252, as added and amended by
this subsection, is further amended--
(A) in the subsection headings for subsection (a),
by striking ``Financial Improvement and Audit Readiness
Plan'' and inserting ``Financial Improvement and Audit
Remediation Plan'';
(B) in subsection (a)--
(i) in paragraph (1), by striking ``Financial
Improvement and Audit Readiness Plan'' and
inserting ``Financial Improvement and Audit
Remediation Plan''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking the matter
preceding clause (i) and
inserting the following:
``(A) describe specific actions to be taken,
including interim milestones with a detailed description
of the subordinate activities required, and estimate the
costs associated with--'';

[[Page 1539]]

(bb) in clause (ii), by
striking ``are validated as
ready for audit'' and all that
follows and inserting ``go under
full financial statement audit,
and that the Department
leadership makes every effort to
reach an unmodified opinion as
soon as possible;''; and
(cc) by adding at the end
the following new clauses:
``(iii) achieving an unqualified audit opinion
for each major element of the statement of
budgetary resources of the Department of Defense;
and
``(iv) addressing the existence and
completeness of each major category of Department
of Defense assets; and'';
(II) in subparagraph (B)--
(aa) by inserting
``business'' before ``process
and control'';
(bb) by striking ``the
business enterprise architecture
and transition plan required
by''; and
(cc) by striking the
semicolon at the end and
inserting a period; and
(III) by striking subparagraphs (C)
and (D); and
(C) by inserting after subsection (a) the following
new subsection (b):

``(b) Report and Briefing Requirements.--
``(1) Annual report.--
``(A) In general.--Not later than June 30, 2019, and
annually thereafter, the Under Secretary of Defense
(Comptroller) shall submit to the congressional defense
committees a report on the status of the implementation
by the Department of Defense of the Financial
Improvement and Audit Remediation Plan under subsection
(a).
``(B) Elements.--Each report under subparagraph (A)
shall include the following:
``(i) An analysis of the consolidated
corrective action plan management summary prepared
pursuant to section 253a of this title.
``(ii) Current Department of Defense-wide
information on the status of corrective actions
plans related to critical capabilities and
material weaknesses, including the standard data
elements recommended in the implementation guide
for Office of Management and Budget Circular A-
123, for the armed forces, military departments,
and Defense Agencies.
``(iii) A current description of the work
undertaken and planned to be undertaken by the
Department of Defense, and the military
departments, Defense Agencies, and other
organizations and elements of the Department, to
test and verify transaction data pertinent to
obtaining an unqualified audit of their financial
statements, including from feeder systems.
``(iv) A current projected timeline of the
Department in connection with the audit of the
full financial statements of the Department, to be
submitted to Congress annually not later than six
months after the

[[Page 1540]]

submittal to Congress of the budget of the
President for a fiscal year under section 1105 of
title 31, including the following:
``(I) The date on which the
Department projects the beginning of an
audit of the full financial statements
of the Department, and the military
departments, Defense Agencies, and other
organizations and elements of the
Department, for a fiscal year.
``(II) The date on which the
Department projects the completions of
audits of the full financial statements
of the Department, and the military
departments, Defense Agencies, and other
organizations and elements of the
Department, for a fiscal year.
``(III) The dates on which the
Department estimates it will obtain an
unqualified audit opinion on the full
financial statements of the Department,
the military departments, the Defense
Agencies, and other organizations and
elements of the Department for a fiscal
year.
``(v) A current estimate of the anticipated
annual costs of maintaining an unqualified audit
opinion on the full financial statements of the
Department, the military departments, the Defense
Agencies, and other organizations and elements of
the Department for a fiscal year after an
unqualified audit opinion on such full financial
statements for a fiscal year is first obtained.
``(vi) A certification of the results of the
audit of the financial statements of the
Department performed for the preceding fiscal
year, and a statement summarizing, based on such
results, the current condition of the financial
statements of the Department.
``(2) Semiannual briefings.--Not later than January 31 and
June 30 each year, the Under Secretary of Defense (Comptroller)
and the comptrollers of the military departments shall provide a
briefing to the congressional defense committees on the status
of the corrective action plan.
``(3) Critical capabilities defined.--In this subsection,
the term `critical capabilities' means the critical capabilities
described in the Department of Defense report titled `Financial
Improvement and Audit Readiness (FIAR) Plan Status Report' and
dated May 2016.''.
(4) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2010 <>  is repealed.

(d) Consolidated Corrective Action Plan.--Chapter 9A of title 10,
United States Code, as added and amended by this section, is further
amended by adding after section 252, as added and amended by subsection
(c), a new section 253 consisting of--
(1) a heading as follows:
``Sec. 253. <>  Audit: consolidated corrective
action plan; centralized reporting system''; and
(2) a text as follows:

``The Under Secretary of Defense (Comptroller) shall--

[[Page 1541]]

``(1) on a bimonthly basis, prepare a consolidated
corrective action plan management summary on the status of key
corrective actions plans related to critical capabilities for
the armed forces and for the components of the Department of
Defense that support the armed forces; and
``(2) develop and maintain a centralized monitoring and
reporting process that captures and maintains up-to-date
information, including the standard data elements recommended in
the implementation guide for Office of Management and Budget
Circular A-123, for key corrective action plans and findings and
recommendations Department-wide that pertain to critical
capabilities.''.

(e) Audit of DoD Components by Independent External Auditors.--
(1) In general.--Chapter 9A of title 10, United States Code,
as added and amended by this section, is further amended by
adding after section 253, as added and amended by subsection
(d), a new section 254 consisting of--
(A) a heading as follows:
``Sec. 254. <>  Audits: audit of financial
statements of Department of Defense components by
independent external auditors''; and
(B) a text consisting of the text of section 1005 of
the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 861; 10 U.S.C. 2222
note).
(2) Amendments in connection with codification.--Section 254
of title 10, United States Code, as added by paragraph (1), is
further amended--
(A) in subsections (d)(1)(A) and (e)(3), by striking
``, United States Code''; and
(B) in subsections (a) and (e)(2), by striking ``,
United States Code,''.
(3) Improvements.--Such section 254, as added and amended by
this subsection, is further amended--
(A) in subsection (d)(1)--
(i) in subparagraph (A), by inserting ``and
the Chief Management Officer of the Department of
Defense'' before the semicolon;
(ii) in subparagraph (B), by striking ``and''
at the end;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B), the
following new subparagraph (C):
``(C) the head of each component audited; and''; and
(B) in subsection (e)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively.
(4) Conforming repeal.--Section 1005 of the National Defense
Authorization Act for Fiscal Year 2016 <>  is repealed.

(f) Use of Commercial Data Integration and Analysis Products.--
(1) In general.--Chapter 9A of title 10, United States Code,
as added and amended by this section, is further amended

[[Page 1542]]

by adding after section 254, as added and amended by subsection
(e), a new section 254a consisting of--
(A) a heading as follows:
``Sec. 254a. <> Audits: use of commercial data
integration and analysis products in preparing
audits''; and
(B) a text consisting of subsections (a) and (b) of
section 1003 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2380; 10 U.S.C. 2222 note).
(2) Amendments in connection with codification.--Section
254a of title 10, United States Code, as added by paragraph (1),
is amended--
(A) in subsection (a)--
(i) by striking ``of title 10, United States
Code,'' and inserting ``of this title''; and
(ii) by striking ``, as soon as
practicable,''; and
(B) in subsection (b), by striking ``this
deployment'' and inserting ``deployment of technologies
and services as described in subsection (a)''.
(3) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2017 <>  is repealed.

(g) Selection of Service Providers for Audit Services.--
(1) In general.--Chapter 9A of title 10, United States Code,
as added and amended by this section, is further amended by
adding after section 254a, as added and amended by subsection
(f), a new section 254b consisting of--
(A) a heading as follows:
``Sec. 254b. <> Audits: selection of service
providers for audit services''; and
(B) a text consisting of the text of section 892 of
the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2324; 10 U.S.C. 2331
note).
(2) Improvement.--Section 254b of title 10, United States
Code, as added by paragraph (1), is amended by striking ``and
audit readiness services''.
(3) Conforming repeal.--Section 892 of the National Defense
Authorization Act for Fiscal Year 2017 <>  is repealed.

(h) Repeal of Certain Requirements in Connection With Reliability of
DoD Financial Statements.--Section 1008 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 113 note) is amended
by striking subsections (d), (e), and (f).
SEC. 1003. <> IMPROPER PAYMENT MATTERS.

Subject to the authority, direction, and control of the Secretary of
Defense, the Under Secretary of Defense (Comptroller) shall take the
following actions:
(1) With regard to estimating improper payments:
(A) Establish and implement key quality assurance
procedures, such as reconciliations, to ensure the
completeness and accuracy of sampled populations.
(B) Revise the procedures for the sampling
methodologies of the Department of Defense so that such
procedures--
(i) comply with Office of Management and
Budget guidance and generally accepted statistical
standards;

[[Page 1543]]

(ii) produce statistically valid improper
payment error rates, statistically valid improper
payment dollar estimates, and appropriate
confidence intervals for both; and
(iii) in meeting clauses (i) and (ii), take
into account the size and complexity of the
transactions being sampled.
(2) With regard to identifying programs susceptible to
significant improper payments, conduct a risk assessment that
complies with the Improper Payments Elimination and Recovery Act
of 2010 (Public Law 111-204) and the amendments made by that Act
(in this section collectively referred to as ``IPERA'').
(3) With regard to reducing improper payments, establish
procedures that produce corrective action plans that--
(A) comply fully with IPERA and associated Office of
Management and Budget guidance, including by holding
individuals responsible for implementing corrective
actions and monitoring the status of corrective actions;
and
(B) are in accordance with best practices, such as
those recommended by the Chief Financial Officers
Council, including by providing for--
(i) measurement of the progress made toward
remediating root causes of improper payments; and
(ii) communication to the Secretary of Defense
and the heads of departments, agencies, and
organizations and elements of the Department of
Defense, and key stakeholders, on the progress
made toward remediating the root causes of
improper payments.
(4) With regard to implementing recovery audits for improper
payments, develop and implement procedures to--
(A) identify costs related to the recovery audits
and recovery efforts of the Department of Defense; and
(B) evaluate improper payment recovery efforts in
order to ensure that they are cost effective.
(5) Monitor the implementation of the revised chapter of the
Financial Management Regulations on recovery audits in order to
ensure that the Department of Defense, the military departments,
the Defense Agencies, and the other organizations and elements
of the Department of Defense either conduct recovery audits or
demonstrate that it is not cost effective to do so.
(6) Develop and submit to the Office of Management and
Budget for approval a payment recapture audit plan that fully
complies with Office of Management and Budget guidance.
(7) With regard to reporting on improper payments, design
and implement procedures to ensure that the annual improper
payment and recovery audit reporting of the Department of
Defense is complete, accurate, and complies with IPERA and
associated Office of Management and Budget guidance.
SEC. 1004. RANKINGS OF AUDITABILITY OF FINANCIAL STATEMENTS OF THE
ORGANIZATIONS AND ELEMENTS OF THE
DEPARTMENT OF DEFENSE.

Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall, in coordination with the

[[Page 1544]]

Under Secretary of Defense (Comptroller), submit to the congressional
defense committees a report setting forth a ranking of the auditability
of the financial statements of the departments, agencies, organizations,
and elements of the Department of Defense according to the progress made
toward achieving auditability as required by law. The Under Secretary
shall determine the criteria to be used for purposes of the rankings.
SEC. 1005. <> FINANCIAL OPERATIONS
DASHBOARD FOR THE DEPARTMENT OF DEFENSE.

(a) In General.--The Under Secretary of Defense (Comptroller) shall
develop and maintain on an Internet website available to Department of
Defense agencies a tool (commonly referred to as a ``dashboard)'' to
permit officials to track key indicators of the financial performance of
the Department of Defense. Such key indicators may include outstanding
accounts payable, abnormal accounts payable, outstanding advances,
unmatched disbursements, abnormal undelivered orders, negative
unliquidated obligations, violations of sections 1341 and 1517(a) of
title 31, United States Code (commonly referred to as the ``Anti-
Deficiency Act''), costs deriving from payment delays, interest penalty
payments, and improper payments, and actual savings realized through
interest payments made, discounts for timely or advanced payments, and
other financial management and improvement initiatives.
(b) Information Covered.--The tool shall cover financial performance
information for the military departments, the defense agencies, and any
other organizations or elements of the Department of Defense.
(c) Tracking of Performance Over Time.--The tool shall permit the
tracking of financial performance over time, including by month,
quarter, and year, and permit users of the tool to export both current
and historical data on financial performance.
(d) Updates.--The information covered by the tool shall be updated
not less frequently than quarterly.
SEC. 1006. <> REVIEW AND RECOMMENDATIONS
ON EFFORTS TO OBTAIN AUDIT OPINION ON
FULL FINANCIAL STATEMENTS.

(a) In General.--The Secretary of Defense may establish within the
Department of Defense a team of distinguished, private sector experts
with experience conducting financial audits of large public or private
sector organizations to review and make recommendations to improve the
efforts of the Department to obtain an audit opinion on its full
financial statements.
(b) Scope of Activities.--A team established pursuant to subsection
(a) shall--
(1) identify impediments to the progress of the Department
in obtaining an audit opinion on its full financial statements,
including an identification of the organizations or elements
that are lagging in their efforts toward obtaining such audit
opinion;
(2) estimate when an audit opinion on the full financial
statements of the Department will be obtained; and
(3) consider mechanisms and incentives to support efficient
achievement by the Department of its audit goals, including
organizational mechanisms to transfer direction and management
control of audit activities from subordinate organizations to
the Office of the Secretary of Defense, individual personnel

[[Page 1545]]

incentives, workforce improvements (including in senior
leadership positions), business process, technology, and systems
improvements (including the use of data analytics), and metrics
by which the Secretary and Congress may measure and assess
progress toward achievement of the audit goals of the
Department.

(c) Reports.--
(1) Report on establishment of team.--If the Secretary takes
action pursuant to subsection (a), the Secretary shall, not
later than September 30, 2019, submit to the congressional
defense committees a report on the team established pursuant to
that subsection, including a description of the actions taken
and to be taken by the team pursuant to subsection (b).
(2) Report on determination not to establish team.--If as of
June 1, 2019, the Secretary has determined not to establish a
team authorized by subsection (a), the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives on that date a report on the determination,
including an explanation and justification for the
determination.
SEC. 1007. <> NOTIFICATION REQUIREMENT
FOR CERTAIN CONTRACTS FOR AUDIT
SERVICES.

(a) Notification to Congress.--If the Under Secretary of Defense
(Comptroller) makes a written finding that a delay in performance of a
covered contract while a protest is pending would hinder the annual
preparation of audited financial statements for the Department of
Defense, and the head of the procuring activity responsible for the
award of the covered contract does not authorize the award of the
contract (pursuant to section 3553(c)(2) of title 31, United States
Code) or the performance of the contract (pursuant to section
3553(d)(3)(C) of such title), the Secretary of Defense shall--
(1) notify the congressional defense committees within 10
days after such finding is made; and
(2) describe any steps the Department of Defense plans to
take to mitigate any hindrance identified in such finding to the
annual preparation of audited financial statements for the
Department.

(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means a contract for services to perform an audit to comply
with the requirements of section 3515 of title 31, United States Code.

Subtitle B--Counterdrug Activities

SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1013 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2385), is
further amended--
(1) in subsection (a)(1), by striking ``2019'' and inserting
``2022''; and

[[Page 1546]]

(2) in subsection (c), by striking ``2019'' and inserting
``2022''.
SEC. 1012. VENUE FOR PROSECUTION OF MARITIME DRUG TRAFFICKING.

(a) In General.--Section 70504(b) of title 46, United States Code,
is amended to read as follows:
``(b) Venue.--A person violating section 70503 or 70508--
``(1) shall be tried in the district in which such offense
was committed; or
``(2) if the offense was begun or committed upon the high
seas, or elsewhere outside the jurisdiction of any particular
State or district, may be tried in any district.''.

(b) Conforming Amendment.--Section 1009(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 959(d)) is amended--
(1) in the subsection title, by striking ``; Venue''; and
(2) by striking ``Any person who violates this section shall
be tried in the United States district court at the point of
entry where such person enters the United States, or in the
United States District Court for the District of Columbia.''.

Subtitle C--Naval Vessels and Shipyards

SEC. 1021. NATIONAL DEFENSE SEALIFT FUND.

(a) Fund Purposes; Deposits.--Section 2218 of title 10, United
States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraph (E) as
subparagraph (D);
(B) in paragraph (3), by striking ``or (D)''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and''
after the semicolon;
(ii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (D); and
(B) by adding at the end the following new paragraph
(4):
``(4) Any other funds made available to the Department of
Defense to carry out any of the purposes described in subsection
(c).''.

(b) Authority to Purchase Used Vessels.--Subsection (f) of such
section is amended by adding at the end the following new paragraph:
``(3)(A) Notwithstanding the limitations under subsection (c)(1)(E)
and paragraph (1), the Secretary of Defense may, as part of a program to
recapitalize the Ready Reserve Force component of the national defense
reserve fleet and the Military Sealift Command surge fleet, purchase any
used vessel, regardless of where such vessel was constructed if such
vessel--
``(i) participated in the Maritime Security Fleet; and

[[Page 1547]]

``(ii) is available for purchase at a reasonable cost, as
determined by the Secretary.

``(B) If the Secretary determines that no used vessel meeting the
requirements under clauses (i) and (ii) of subparagraph (A) is
available, the Secretary may purchase a used vessel comparable to a
vessel described in clause (i) of subparagraph (A), regardless of the
source of the vessel or where the vessel was constructed, if such vessel
is available for purchase at a reasonable cost, as determined by the
Secretary.
``(C) The Secretary may not use the authority under this paragraph
to purchase more than two foreign constructed ships.
``(D) The Secretary shall ensure that the initial conversion, or
modernization of any vessel purchased under the authority of
subparagraph (A) occurs in a shipyard located in the United States.
``(E) Not later than 30 days after the purchase of any vessel using
the authority under this paragraph, the Secretary, in consultation with
the Maritime Administrator, shall submit to the congressional defense
committees a report that contains each of the following with respect to
such purchase:
``(i) The date of the purchase.
``(ii) The price at which the vessel was purchased.
``(iii) The anticipated cost of modernization of the vessel.
``(iv) The proposed military utility of the vessel.
``(v) The proposed date on which the vessel will be
available for use by the Ready Reserve.
``(vi) The contracting office responsible for the completion
of the purchase.
``(vii) Certification that--
``(I) there was no vessel available for purchase at
a reasonable price that was constructed in the United
States; and
``(II) the used vessel purchased supports the
recapitalization of the Ready Reserve Force component of
the National Defense Reserve Fleet or the Military
Sealift Command surge fleet.''.

(c) Definition of Maritime Security Fleet.--Subsection (k) of such
section is amended by adding at the end the following new paragraph:
``(5) The term `Maritime Security Fleet' means the fleet
established under section 53102(a) of title 46.''.

(d) Budgeting for Construction of Naval Vessels.--Section 231 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``year--'' and inserting ``year each
of the following:'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and inserting ``A
plan'';
(ii) by striking ``combatant and support
vessels for the Navy'' and inserting ``naval
vessels'';
(iii) by striking the semicolon and inserting
``for each of the following classes of ships:'';
and
(iv) by adding at the end the following new
subparagraphs:
``(A) Combatant and support vessels.
``(B) Auxiliary vessels.''; and
(C) in paragraph (2), by striking ``a
certification'' and inserting ``A certification'';

[[Page 1548]]

(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) A detailed program for the construction of auxiliary
vessels for the Navy over the next 30 fiscal years.''; and
(C) in subparagraph (E), as redesignated by
subparagraph (A), by striking ``subparagraph (C)'' and
inserting ``subparagraph (D)''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(5) The term `auxiliary vessel' means any ship designed to
operate in the open ocean in a variety of sea states to provide
general support to either combatant forces or shore based
establishments.''.
SEC. 1022. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR MULTIYEAR
PROCUREMENT OF CERTAIN CRITICAL
COMPONENTS.

(a) In General.--Subsection (i) of section 2218a of title 10, United
States Code, is amended--
(1) by striking ``the common missile compartment'' each
place it appears and inserting ``critical components''; and
(2) in paragraph (1), by striking ``critical parts,
components, systems, and subsystems'' and inserting ``critical
components''.

(b) Definition of Critical Component.--Subsection (k) of such
section is amended by adding at the end the following new paragraph:
``(3) The term `critical component' means any of the
following:
``(A) A common missile compartment component.
``(B) A spherical air flask.
``(C) An air induction diesel exhaust valve.
``(D) An auxiliary seawater valve.
``(E) A hovering valve.
``(F) A missile compensation valve.
``(G) A main seawater valve.
``(H) A launch tube.
``(I) A trash disposal unit.
``(J) A logistics escape trunk.
``(K) A torpedo tube.
``(L) A weapons shipping cradle weldment.
``(M) A control surface.
``(N) A launcher component.
``(O) A propulsor.''.

(c) Clerical Amendment.--The subsection heading for subsection (i)
of such section is amended by striking ``of the Common Missile
Compartment''.
SEC. 1023. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS ON
EXTENDED DEPLOYMENT.

Section 7310(a) of title 10, United States Code, is amended--
(1) by inserting ``Under Jurisdiction of the Secretary of
the Navy'' in the subsection heading after ``Vessels'';
(2) by striking ``A naval vessel (or any other vessel under
the jurisdiction of the Secretary of the Navy)'' and inserting
``(1) A naval vessel''; and

[[Page 1549]]

(3) by adding at the end the following new paragraph:

``(2)(A) Notwithstanding paragraph (1) and subject to subparagraph
(B), in the case of a naval vessel classified as a Littoral Combat Ship
and operating on deployment, corrective and preventive maintenance or
repair (whether intermediate or depot level) and facilities maintenance
may be performed on the vessel--
``(i) in a foreign shipyard;
``(ii) at a facility outside of a foreign shipyard; or
``(iii) at any other facility convenient to the vessel.

``(B)(i) Corrective and preventive maintenance or repair may be
performed on a vessel as described in subparagraph (A) if the work is
performed by United States Government personnel or United States
contractor personnel.
``(ii) Facilities maintenance may be performed by a foreign
contractor on a vessel as described in subparagraph (A) only as approved
by the Secretary of the Navy.
``(C) In this paragraph:
``(i) The term `corrective and preventive maintenance or
repair' means--
``(I) maintenance or repair actions performed as a
result of a failure in order to return or restore
equipment to acceptable performance levels; and
``(II) scheduled maintenance or repair actions to
prevent or discover functional failures.
``(ii) The term `facilities maintenance' means preservation
or corrosion control efforts and cleaning services.

``(D) This paragraph shall expire on September 30, 2020.''.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA-CLASS CRUISERS OR DOCK
LANDING SHIPS.

None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2018 may be obligated or expended--
(1) to retire, prepare to retire, or inactivate a cruiser or
dock landing ship; or
(2) to place more than six cruisers and one dock landing
ship in the modernization program under section 1026(a)(2) of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3490).
SEC. 1025. <> POLICY OF THE UNITED STATES
ON MINIMUM NUMBER OF BATTLE FORCE SHIPS.

(a) Policy.--It shall be the policy of the United States to have
available, as soon as practicable, not fewer than 355 battle force
ships, comprised of the optimal mix of platforms, with funding subject
to the availability of appropriations or other funds.
(b) Battle Force Ships Defined.--In this section, the term ``battle
force ship'' has the meaning given the term in Secretary of the Navy
Instruction 5030.8C.
SEC. 1026. SURVEYING SHIPS.

(a) Surveying Ship Requirement.--Not later than 120 days after the
date of the enactment of this Act, the Chief of Naval Operations shall
submit to the congressional defense committees a report setting forth a
force structure assessment that establishes a surveying ship
requirement. The Chief of Naval Operations shall

[[Page 1550]]

conduct the assessment for purposes of the report, and may limit the
assessment to surveying ships.
(b) Definitions.--In this section:
(1) The term ``surveying ship'' has the meaning given the
term in Secretary of the Navy Instruction 5030.8C.
(2) The term ``force structure assessment'' has the meaning
given the term in Chief of Naval Operations Instruction 3050.27.

Subtitle D--Counterterrorism

SEC. 1031. MODIFICATION OF AUTHORITY ON SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.

(a) Oversight of Support.--Section 127e of title 10, United States
Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):

``(g) Oversight by ASD for SOLIC.--The Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict shall have
primary responsibility within the Office of the Secretary of Defense for
oversight of policies and programs for support authorized by this
section.''.
(b) Report Submittal Matters.--Subsection (h) of such section, as
redesignated by subsection (a)(1) of this section, is amended--
(1) in paragraph (1), by striking ``March 1 each year'' and
inserting ``120 days after the last day of each fiscal year'';
and
(2) in paragraph (2)--
(A) by striking ``September 1 each year'' and
inserting ``six months after the date of the submittal
of the report most recently submitted under paragraph
(1)''; and
(B) by inserting ``under this paragraph'' after ``in
which the report''.
SEC. 1032. TERMINATION OF REQUIREMENT TO SUBMIT ANNUAL BUDGET
JUSTIFICATION DISPLAY FOR DEPARTMENT OF
DEFENSE COMBATING TERRORISM PROGRAM.

Section 229 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(e) Termination.--The requirement to submit a budget justification
display under this section shall terminate on December 31, 2020.''.
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA TO
THE UNITED STATES.

No amounts authorized to be appropriated or otherwise made available
for the Department of Defense may be used during the period beginning on
the date of the enactment of this Act and ending on December 31, 2018,
to transfer, release, or assist in the transfer or release to or within
the United States, its territories, or possessions of Khalid Sheikh
Mohammed or any other detainee who--

[[Page 1551]]

(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General.--No amounts authorized to be appropriated or
otherwise made available for the Department of Defense may be used
during the period beginning on the date of the enactment of this Act and
ending on December 31, 2018, to construct or modify any facility in the
United States, its territories, or possessions to house any individual
detained at Guantanamo for the purposes of detention or imprisonment in
the custody or under the control of the Department of Defense.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' has the meaning given that
term in section 1034(f)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO
CERTAIN COUNTRIES.

No amounts authorized to be appropriated or otherwise made available
for the Department of Defense may be used during the period beginning on
the date of the enactment of this Act and ending on December 31, 2018,
to transfer, release, or assist in the transfer or release of any
individual detained in the custody or under the control of the
Department of Defense at United States Naval Station, Guantanamo Bay,
Cuba, to the custody or control of any country, or any entity within
such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1036. PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH
CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.

None of the funds authorized to be appropriated or otherwise made
available for the Department of Defense for fiscal year 2018 may be
used--
(1) to close or abandon United States Naval Station,
Guantanamo Bay, Cuba;
(2) to relinquish control of Guantanamo Bay to the Republic
of Cuba; or
(3) to implement a material modification to the Treaty
Between the United States of America and Cuba signed at
Washington, D.C. on May 29, 1934, that constructively closes
United States Naval Station, Guantanamo Bay.

[[Page 1552]]

SEC. 1037. SENSE OF CONGRESS REGARDING PROVIDING FOR TIMELY VICTIM
AND FAMILY TESTIMONY IN MILITARY
COMMISSION TRIALS.

It is the sense of Congress that in the interests of justice,
efficiency, and providing closure to victims of terrorism and their
families, military judges overseeing military commissions in United
States Naval Station, Guantanamo Bay, Cuba, should consider making
arrangements to take recorded testimony from victims and their families
should they wish to provide testimony before such a commission.
SEC. 1038. REPORT ON PUBLIC AVAILABILITY OF MILITARY COMMISSIONS
PROCEEDINGS.

(a) GAO Study.--The Comptroller General of the United States shall
conduct a study on the feasibility and advisability of expanding the
public availability of military commissions proceedings that are made
open to the public.
(b) Report to Congress.--
(1) Interim report.--Not later than April 1, 2018, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
report containing the interim findings of the Comptroller
General pursuant to the study required by subsection (a).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and of the
House of Representatives a final report on the findings and
recommendations of the Comptroller General pursuant to such
study.
(3) Form of reports.--The reports required by this
subsection shall be submitted in unclassified form, but may
contain a classified annex.

Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1041. LIMITATION ON EXPENDITURE OF FUNDS FOR EMERGENCY AND
EXTRAORDINARY EXPENSES FOR INTELLIGENCE
AND COUNTER-INTELLIGENCE ACTIVITIES.

(a) Limitation.--Subsection (c) of section 127 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Notwithstanding paragraph (1), funds may not be obligated
or expended in an amount in excess of $100,000 under the authority of
subsection (a) or (b) for intelligence or counter-intelligence
activities until the Secretary of Defense has notified the congressional
defense committees and the congressional intelligence committees of the
intent to obligate or expend the funds and 15 days have elapsed since
the date of the notification.
``(B) The Secretary of Defense may waive subparagraph (A) if the
Secretary determines that such a waiver is necessary due to
extraordinary circumstances that affect the national security of the
United States. If the Secretary issues a waiver under this subparagraph,
the Secretary shall submit to the congressional defense and
congressional intelligence committees, by not later

[[Page 1553]]

than 48 hours after issuing the waiver, written notice of and
justification for the waiver.''.
(b) Annual Report.--Subsection (d) of such section is amended--
(1) by striking ``Not later'' and inserting ``(1) Not
later'';
(2) by striking ``to the congressional defense committees''
and all that follows through the period at the end and inserting
an em dash; and
(3) by adding at the end the following:
``(A) to the congressional defense committees a report on
all expenditures during the preceding fiscal year under
subsections (a) and (b); and
``(B) to the congressional intelligence committees a report
on expenditures relating to intelligence and counter-
intelligence during the preceding fiscal year under subsections
(a) and (b).

``(2) Each report required to be submitted under paragraph (1) shall
include a detailed explanation, by category of activity and approving
authority (the Secretary of Defense, the Inspector General of the
Department of Defense, and the Secretary of a military department), of
the expenditures during the preceding fiscal year.''.
(c) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(e) Definition of Congressional Intelligence Committees.--In this
section, the term `congressional intelligence committees' means the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.''.
(d) Report on Intelligence and Counter-intelligence Funding
Authorities.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense and intelligence committees a report describing current and, if
necessary, any required, funding authorities to sustain recurring
expenses for intelligence and counter-intelligence activities in lieu of
section 127 of title 10, United States Code. Such report shall include a
description of the potential benefits and negative consequences of the
codification of a distinct authority for such purposes.
SEC. 1042. MATTERS RELATING TO THE SUBMITTAL OF FUTURE-YEARS
DEFENSE PROGRAMS.

(a) Timing of Submittal to Congress.--Subsection (a) of section 221
of title 10, United States Code, is amended by striking ``at or about
the time that'' and inserting ``not later than five days after the date
on which''.
(b) Manner and Form of Submittal.--Such section is further amended
by adding at the end the following new subsection:
``(d)(1) The Secretary of Defense shall make available to Congress,
the Congressional Budget Office, the Comptroller General of the United
States, and the Congressional Research Service each future-years defense
program under this section as follows:
``(A) By making such program available electronically in the
form of an unclassified electronic database.
``(B) By delivering printed copies of such program to the
congressional defense committees.

[[Page 1554]]

``(2) In the event inclusion of classified material in a future-
years defense program would otherwise render the totality of the program
classified for purposes of this subsection--
``(A) such program shall be made available to Congress in
unclassified form, with such material attached as a classified
annex; and
``(B) such annex shall be submitted to the congressional
defense committees, the Congressional Budget Office, the
Comptroller General of the United States, and the Congressional
Research Service.''.

(c) Accuracy of Information.--Such section is further amended by
adding at the end the following new subsection:
``(e) Each future-years defense program under this subsection shall
be accompanied by a certification by the Under Secretary of Defense
(Comptroller), in the case of the Department of Defense, and the
comptroller of each military department, in the case of such military
department, that any information entered into the Standard Data
Collection System of the Department of Defense, the Comptroller
Information System, or any other data system, as applicable, for
purposes of assembling such future-years defense program was
accurate.''.
(d) <>  Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act, and shall apply to future-years defense programs submitted at the
time of budgets of the President for fiscal years beginning after fiscal
year 2018.

(e) <>  DoD Guidance.--The Secretary of
Defense shall, in coordination with the Under Secretary of Defense
(Comptroller), update Department of Defense Financial Management
Regulation 7000.14-R, and any other appropriate instructions and
guidance, to ensure that the Department of Defense takes appropriate
actions to comply with the amendments made by this section in the
submittal of future-years defense programs in calendar years after
calendar year 2017.
SEC. 1043. MODIFICATIONS TO HUMANITARIAN DEMINING ASSISTANCE
AUTHORITIES.

(a) Modification to the Role of Armed Forces in Providing
Humanitarian Demining Assistance.--Subsection (a)(3) of section 407 of
title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``or stockpiled conventional munitions assistance''; and
(2) in subparagraph (A)--
(A) by inserting ``, unexploded explosive
ordnance,'' after ``landmines''; and
(B) by striking ``, or stockpiled conventional
munitions, as applicable''.

(b) Modification to Definition of Humanitarian Demining
Assistance.--Subsection (e)(1) of such section is amended--
(1) by inserting ``, unexploded explosive ordnance,'' after
``landmines'' in each place it appears; and
(2) by striking ``, and the disposal'' and all that follows
and inserting a period.

(c) Modification to Definition of Stockpiled Conventional Munitions
Assistance.--Subsection (e)(2) of such section is amended, in the second
sentence, by striking ``, the detection and clearance of landmines and
other explosive remnants of war,''.

[[Page 1555]]

SEC. 1044. PROHIBITION ON CHARGE OF CERTAIN TARIFFS ON AIRCRAFT
TRAVELING THROUGH CHANNEL ROUTES.

(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2652. <>  Prohibition on charge of
certain tariffs on aircraft traveling through
channel routes

``The United States Transportation Command may not charge a tariff
by reason of the use by a military service of an aircraft of that
military service on a route designated by the United States
Transportation Command as a channel route.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <>  is amended by adding at the
end the following new item:

``2652. Prohibition on charge of certain tariffs on aircraft traveling
through channel routes.''.

SEC. 1045. <> PROHIBITION ON
LOBBYING ACTIVITIES WITH RESPECT TO THE
DEPARTMENT OF DEFENSE BY CERTAIN
OFFICERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT
FOLLOWING SEPARATION FROM MILITARY
SERVICE OR EMPLOYMENT WITH THE
DEPARTMENT.

(a) Two-year Prohibition.--
(1) Prohibition.--An individual described in paragraph (2)
may not engage in lobbying activities with respect to the
Department of Defense during the two-year period beginning on
the date of retirement or separation from service in the Armed
Forces or the date of retirement or separation from service with
the Department, as applicable.
(2) Covered individuals.--An individual described in this
paragraph is the following:
(A) An officer of the Armed Forces in grade O-9 or
higher at the time of retirement or separation from the
Armed Forces.
(B) A civilian employee of the Department of Defense
who had a civilian grade equivalent to a military grade
specified in subparagraph (A) at the time of the
employee's retirement or separation from service with
the Department.

(b) One-year Prohibition.--
(1) Prohibition.--An individual described in paragraph (2)
may not engage in lobbying activities with respect to the
Department of Defense during the one-year period beginning on
the date of retirement or separation from service in the Armed
Forces or the date of retirement or separation from service with
the Department, as applicable.
(2) Covered individuals.--An individual described in this
paragraph is the following:
(A) An officer of the Armed Forces in grade O-7 or
O-8 at the time of retirement or separation from the
Armed Forces.
(B) A civilian employee of the Department of Defense
who had a civilian grade equivalent to a military grade
specified in subparagraph (A) at the time of the
employee's retirement or separation from service with
the Department.

(c) Definitions.--In this section:

[[Page 1556]]

(1) The term ``lobbying activities with respect to the
Department of Defense'' means the following:
(A) Lobbying contacts and other lobbying activities
with covered executive branch officials with respect to
the Department of Defense.
(B) Lobbying contacts with covered executive branch
officials described in subparagraphs (C) through (F) of
section 3(3) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602(3)) in the Department of Defense.
(2) The terms ``lobbying activities'' and ``lobbying
contacts'' have the meaning given such terms in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
(3) The term ``covered executive branch official'' has the
meaning given that term in section 3(3) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(3)).
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.

(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to--
(1) retire, prepare to retire, transfer, or place in storage
any AVENGER-class mine countermeasures ship or associated
equipment;
(2) retire, prepare to retire, transfer, or place in storage
any SEA DRAGON (MH-53) helicopter or associated equipment;
(3) make any reductions to manning levels with respect to
any AVENGER-class mine countermeasures ship; or
(4) make any reductions to manning levels with respect to
any SEA DRAGON helicopter squadron or detachment.

(b) Waiver.--The Secretary of the Navy may waive the prohibition
under subsection (a)--
(1) with respect to an AVENGER-class ship or a SEA DRAGON
helicopter, if the Secretary certifies to the congressional
defense committees that the Secretary has--
(A) identified a replacement capability and the
necessary quantity of such systems to meet all combatant
commander mine countermeasures operational requirements
that are currently being met by the ship or helicopter
to be retired, transferred, or placed in storage;
(B) achieved initial operational capability of all
systems described in subparagraph (A); and
(C) deployed a sufficient quantity of systems
described in subparagraph (A) that have achieved initial
operational capability to continue to meet or exceed all
combatant commander mine countermeasures operational
requirements currently being met by the ship or
helicopter to be retired, transferred, or placed in
storage; or
(2) with respect to a SEA DRAGON helicopter, if the
Secretary certifies to such committees that the Secretary has
determined, on a case-by-case basis, that such a helicopter is
non-operational because of a mishap or other damage or because
it is uneconomical to repair.

[[Page 1557]]

SEC. 1047. REPORT ON WESTERN PACIFIC OCEAN SHIP DEPOT MAINTENANCE
CAPABILITY AND CAPACITY.

(a) Limitation of Use of Funds.--Not more than 75 percent of the
amount authorized to be appropriated by this Act for Secretary of the
Navy for emergency and extraordinary expenses may be obligated or
expended before the date on which the report required by subsection (b)
is submitted to the congressional defense committees.
(b) Report Required.--
(1) In general.--The Secretary of the Navy shall submit to
the congressional defense committees a report on the ship depot
maintenance capability and capacity required for Navy ships
operating in the western Pacific Ocean. The report shall include
each of the following:
(A) An analysis of the requirements relating to Navy
ship depot maintenance during peacetime and in response
to the most likely, stressing, and dangerous contingency
scenarios.
(B) A description of the extent to which the
existing Navy ship depot capacity can meet the
requirements described in subparagraph (A).
(C) A description of any specific shortfalls in such
capability or capacity with respect to meeting such
requirements.
(D) An analysis of options to address any shortfalls
described in subparagraph (C).
(2) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.

(c) Certification Required.--Not later than 90 days after the
submittal of the report required by subsection (b), the Secretary of
Defense shall submit to the congressional defense committees a
certification--
(1) that the current ship depot maintenance capability and
capacity, including drydocks, in the western Pacific Ocean are
sufficient to meet peacetime and contingency requirements; or
(2) certification that such capability and capacity are not
sufficient and a description of the options being pursued to
address areas of insufficiency.

(d) Business Case Analysis Required.--
(1) In general.--Not later than September 30, 2018, the
Secretary of the Navy shall submit to the congressional defense
committees a business case analysis of the options described in
paragraph (2) that includes the analysis described in paragraph
(3).
(2) Options to be included.--The business case analysis
required by paragraph (1) shall cover options that could
increase the Navy depot-level ship repair capacity and
capabilities in the western Pacific Ocean, including the
following four courses of action:
(A) Enhancing current maintenance capability and
capacity by repairing Lima Wharf, United States Naval
Base, Guam.
(B) Adding drydock capability and capacity with
associated facilities for conventionally-powered ships.

[[Page 1558]]

(C) Adding drydock capability and capacity with
associated facilities for nuclear-powered submarines.
(D) Maintaining the status quo with respect to the
ship repair capabilities and capacity in the western
Pacific Ocean.
(3) Analysis of options.--For each course of action listed
in paragraph (2), the Secretary shall include an analysis of the
following:
(A) Any additional maintenance actions that would be
possible with respect to the course of action and
estimated use during peacetime and during the most
likely, stressing and dangerous contingency operations.
(B) Any additional infrastructure, including
facilities and equipment, that would be necessary to
carry out the course of action.
(C) The military, civilian, and contractor personnel
requirements to reach full operational capability with
respect to the course of action, including personnel to
be assigned on both a temporary and permanent basis.
(D) A description of how the course of action would
improve materiel readiness and operational availability
of ships operating in the Pacific.
(E) The estimated cost and schedule to implement the
course of action, including detailed estimates for major
cost elements.
(F) In the case of a course of action described in
subparagraph (B) or (C) of paragraph (2), an evaluation
of acquisition strategies (including procurement,
leasing, public-private partnerships, and enhanced use
leases) and an identification of the desired ship
tonnage each drydock would be able to accommodate.
SEC. 1048. <> ANNUAL TRAINING
REGARDING THE INFLUENCE CAMPAIGN OF THE
RUSSIAN FEDERATION.

In addition to any currently mandated training, the Secretary of
Defense may furnish annual training to all members of the Armed Forces
and all civilian employees of the Department of Defense, regarding
attempts by the Russian Federation and its proxies and agents to
influence and recruit members of the Armed Forces as part of its
influence campaign.
SEC. 1049. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE
PACIFIC.

(a) In General.--Section 6(b) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant To Establish a Commonwealth of
the Northern Mariana Islands in Political Union With the United States
of America', and for other purposes'', approved March 24, 1976 (48
U.S.C. 1806(b)) is amended to read as follows:
``(b) Numerical Limitations for Nonimmigrant Workers.--
``(1) In general.--
``(A) Nonimmigrant workers generally.--An alien, if
otherwise qualified, may seek admission to Guam or to
the Commonwealth during the transition program as a
nonimmigrant worker under section 101(a)(15)(H) of the
Immigration and Nationality Act (8 USC 1101(a)(15)(H))
without counting against the numerical limitations set
forth in section 214(g) of such Act (8 USC 1184(g)).

[[Page 1559]]

``(B) H-2B workers.--In the case of such an alien
who seeks admission under section 101(a)(15)(H)(ii)(b)
of such Act, such alien, if otherwise qualified, may,
before October 1, 2023, be admitted under such section
for a period of up to 3 years to perform service or
labor on Guam or the Commonwealth pursuant to any
agreement entered into by a prime contractor or
subcontractor calling for services or labor required for
performance of a contact or subcontract for
construction, repairs, renovations, or facility services
that is directly connected to, or associated with, the
military realignment occurring on Guam and the
Commonwealth, notwithstanding the requirement of such
section that the service or labor be temporary.
``(2) Limitations.--
``(A) Numerical limitation.--For any fiscal year,
not more 4,000 aliens may be admitted to Guam and the
Commonwealth pursuant to paragraph (1)(B).
``(B) Location.--Paragraph (1)(B) does not apply
with respect to the performance of services or labor at
a location other than Guam or the Commonwealth.''.

(b) Certification Required.--Upon conclusion of all required
agreements between the Secretary of Defense and the heads of relevant
Federal agencies, the Commonwealth of the Northern Mariana Islands
(including the Commonwealth Port Authority), and local agencies to
support the required construction and operation of the divert activities
and exercises program of the Air Force in the Commonwealth of the
Northern Mariana Islands and the Commonwealth of the Northern Mariana
Islands joint military training program of the Marine Corps, the
Secretary shall submit to the congressional defense committees
certification of such conclusion and a report describing such
agreements.
(c) <>  Effective Dates.--The amendment
made by subsection (a) shall take effect on the date of the enactment of
this Act and shall apply as follows:
(1) In the case of services or labor to be performed on
Guam, such amendment shall apply beginning on the date that is
120 days after the date of the enactment of this Act.
(2) In the case of services or labor to be performed on the
Common Wealth of the Northern Mariana Islands, such amendment
shall apply beginning on the later of--
(A) the date that is 120 days after the date of the
submittal of the certification and report required under
subsection (b); or
(B) the date on which the transition program ends
under section 6(a)(2) of the Joint Resolution entitled
``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands
in Political Union With the United States of America',
and for other purposes'', approved March 24, 1976 (48
U.S.C. 1806(a)(2)).

[[Page 1560]]

Subtitle F--Studies and Reports

SEC. 1051. ELIMINATION OF REPORTING REQUIREMENTS TERMINATED AFTER
NOVEMBER 25, 2017, PURSUANT TO SECTION
1080 OF THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2016.

(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113 reports.--
(A) Reserve forces policy board report.--Section
113(c) is amended--
(i) by striking paragraph (2);
(ii) by striking ``(1)'' after ``(c)''; and
(iii) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3),
respectively.
(B) Total force management report.--Section 113 is
amended by striking subsection (l).
(2) Diversity in military leadership report.--Section
115a(g) is amended by striking ``during fiscal years 2013
through 2017''.
(3) Defense industrial security report.--Section 428 is
amended by striking subsection (f).
(4) Military musical units gift report.--Section 974(d) is
amended by striking paragraph (3).
(5) Health protection quality report.--Section 1073b is
amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively.
(6) Master plans for reductions in civilian positions.--
(A) In general.--Section 1597 is amended--
(i) by striking subsection (c);
(ii) by striking subsections (d), (e), and (f)
as subsections (c), (d), and (e), respectively;
and
(iii) in subsection (c), as redesignated, by
striking ``or a master plan prepared under
subsection (c)''.
(B) Conforming amendments.--Section 129a(d) is
amended--
(i) by striking paragraphs (1) and (2); and
(ii) by redesignating paragraphs (3) and (4)
as paragraphs (1) and (2), respectively.
(7) Acquisition workforce development fund report.--Section
1705 is amended--
(A) in subsection (e)(1), by striking ``subsection
(h)(2)'' and inserting ``subsection (g)(2)'';
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
(8) Acquisition corps report.--Section 1722b is amended by
striking subsection (c).
(9) Military family readiness report.--Section 1781b is
amended by striking subsection (d).
(10) Professional military education report.--
(A) Elimination.--Section 2157 is repealed.

[[Page 1561]]

(B) Clerical amendment.--The table of sections at
the beginning of chapter 107 <>  is amended by striking the item relating to
section 2157.
(11) Department of defense conferences fee-collection
report.--Section 2262 is amended by striking subsection (d).
(12) United states contributions to nato common-funded
budgets report.--Section 2263 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(13) Foreign counter-space programs report.--
(A) Elimination.--Section 2277 is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 135 <>  is amended by striking the item relating to
section 2277.
(14) Use of multiyear contracts report.--Section 2306b(l)(4)
is amended by striking ``Not later than'' and all that follows
through the colon and inserting the following: ``Each report
required by paragraph (5) with respect to a contract (or
contract extension) shall contain the following:''.
(15) Burden sharing contributions report.--Section 2350j is
amended by striking subsection (f).
(16) Contract prohibition waiver report.--Section 2410i(c)
is amended by striking the second sentence.
(17) Strategic sourcing plan of action report.--Subsection
(a) of section 2475 is amended to read as follows:

``(a) Strategic Sourcing Plan of Action Defined.--In this section,
the term `Strategic Sourcing Plan of Action' means a Strategic Sourcing
Plan of Action for the Department of Defense (as identified in the
Department of Defense Interim Guidance dated February 29, 2000, or any
successor Department of Defense guidance or directive) in effect for a
fiscal year.''.
(18) Technology and industrial base policy guidance
report.--Section 2506 is amended--
(A) by striking subsection (b); and
(B) in subsection (a), by striking ``Such guidance''
and inserting the following:

``(b) Purpose of Guidance.--The guidance prescribed pursuant to
subsection (a)''.
(19) Foreign-controlled contractors report.--Section 2537 is
amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(20) Support for sporting events report.--Section 2564 is
amended--
(A) in subsection (b)(3), by striking ``section
377'' and inserting ``section 277'';
(B) by striking subsection (e);
(C) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(D) in subsection (e), as so redesignated, by
``striking sections 375 and 376'' and inserting
``sections 275 and 276''.
(21) General and flag officer quarters report.--Section 2831
is amended--
(A) by striking subsection (e);

[[Page 1562]]

(B) by redesignating subsection (f) as subsection
(e); and
(C) in subsection (e), as so redesignated--
(i) by striking ``(1) Except as provided in
paragraphs (2) and (3), the Secretary'' and
inserting ``The Secretary'';
(ii) by striking paragraphs (2) and (3); and
(iii) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(22) Military installations vulnerability assessment
reports.--Section 2859 is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(23) Industrial facility investment program construction
report.--Section 2861 is amended by striking subsection (d).
(24) Statement of amounts available for water conservation
at military installations.--Section 2866(b) is amended by
striking paragraph (3).
(25) Acquisition or construction of military unaccompanied
housing pilot projects report.--Section 2881a is amended by
striking subsection (e).
(26) Statement of amounts available from energy cost
savings.--Section 2912 is amended by striking subsection (d).
(27) Army training report.--
(A) Elimination.--Section 4316 is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 401 <>  is amended by striking the item relating to
section 4316.
(28) State of the army reserve report.--Section 3038(f) is
amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(29) State of the marine corps reserve report.--Section
5144(d) is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(30) State of the air force reserve report.--Section 8038(f)
is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).

(b) Department of Defense Authorization Act, 1985.--Section 1003 of
the Department of Defense Authorization Act, 1985 (Public Law 98-525; 22
U.S.C. 1928 note), relating to an annual report on allied contributions
to the common defense, is amended by striking subsections (c) and (d).
(c) National Defense Authorization Act, Fiscal Year 1989.--Section
1009 of the National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100-456; 22 U.S.C. 1928 note), relating to an annual report on the
official development assistance program of Japan, is amended by striking
subsection (b).
(d) National Defense Authorization Act for Fiscal Year 1991.--
Section 1518 of the Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 24 U.S.C. 418), relating to reports on the results
of inspection of Armed Forces Retirement Homes, is amended--
(1) in subsection (c)(1), by striking ``Congress and''; and

[[Page 1563]]

(2) in subsection (e)--
(A) by striking paragraph (2);
(B) by striking ``(1)'' before ``Not later''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.

(e) National Defense Authorization Act for Fiscal Years 1992 and
1993.--Section 1046 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 22 U.S.C. 1928 note), relating
to an annual report on defense cost-sharing, is amended by striking
subsections (e) and (f).
(f) National Defense Authorization Act for Fiscal Year 1994.--
Section 1603 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 22 U.S.C. 2751 note), relating to an annual
report on counterproliferation policy and programs of the United States,
is amended by striking subsection (d).
(g) National Defense Authorization Act for Fiscal Year 1995.--
Section 533 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 113 note), relating to an annual
report on personnel readiness factors by race and gender, is repealed.
(h) National Defense Authorization Act for Fiscal Year 2000.--
Section 366 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 10 U.S.C. 113 note), relating to an annual
report on spare parts, logistics, and sustainment standards, is amended
by striking subsection (f).
(i) National Defense Authorization Act for Fiscal Year 2002.--The
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107) is amended as follows:
(1) Army workload and performance system report.--Section
346 (115 Stat. 1062) is amended--
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection
(b).
(2) Reliability of financial statements report.--Section
1008(d) (10 U.S.C. 113 note) is amended--
(A) by striking ``(1)'' before ``On each''; and
(B) by striking paragraph (2).

(j) National Defense Authorization Act for Fiscal Year 2003.--
Section 817 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2306a note), relating to
an annual report on commercial item and exceptional case exceptions and
waivers, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).

(k) National Defense Authorization Act for 2006.--The National
Defense Authorization Act for 2006 (Public Law 109-163) is amended as
follows:
(1) Notification of adjustment in limitation amount for
next-generation destroyer program.--Section 123 (119 Stat. 3156)
is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Certification of budgets for joint tactical radio system
report.--Section 218(c) (119 Stat. 3171) is amended by striking
paragraph (3).

[[Page 1564]]

(3) Department of defense costs to carry out united nations
resolutions report.--Section 1224 (10 U.S.C. 113 note) is
repealed.

(l) National Defense Authorization Act for Fiscal Year 2007.--
Section 357(b) of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 22 U.S.C. 4865 note), relating to
an annual report on Department of Defense overseas personnel subject to
chief of mission authority, is amended by striking ``shall submit to the
congressional defense committees'' and inserting ``shall prepare''.
(m) National Defense Authorization Act for Fiscal Year 2008.--The
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) is amended as follows:
(1) Army industrial facilities cooperative activities
report.--Section 328 (10 U.S.C. 4544 note) is amended by
striking subsection (b).
(2) Army product improvement report.--Section 330 (122 Stat.
68) is amended by striking subsection (e).

(n) National Defense Authorization Act for Fiscal Year 2009.--The
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417) is amended as follows:
(1) Support for non-conventional assisted recovery
activities report.--Section 943 (122 Stat. 4578) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f), (g), and (h)
as subsections (e), (f), and (g), respectively.
(2) Reimbursement of navy mess expenses report.--Section
1014 (122 Stat. 4585) is amended by striking subsection (c).
(3) Electromagnetic pulse attack report.--Section 1048 (122
Stat. 4603) is repealed.

(o) National Defense Authorization Act for Fiscal Year 2010.--
Section 121 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2211) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).

(p) National Defense Authorization Act for Fiscal Year 2011.--The
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383) is amended as follows:
(1) Navy airborne signals intelligence, surveillance, and
reconnaissance capabilities report.--Section 112(b) (124 Stat.
4153) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(2) Inclusion of technology protection features during
research and development of defense systems report.--Section 243
(10 U.S.C. 2358 note) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(3) Acquisition of military purpose nondevelopmental items
report.--Section 866(d) (10 U.S.C. 2302 note) is amended--
(A) by striking ``(d) Reports.--'' and all that
follows through ``(2) Program assessment.--If the
Secretary'' and inserting the following:

``(d) Program Assessment.--If the Secretary''; and

[[Page 1565]]

(B) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively, and
indenting the left margin of such paragraphs, as so
redesignated, two ems from the left margin.
(4) Nuclear triad report.--Section 1054 (10 U.S.C. 113 note)
is repealed.

(q) National Defense Authorization Act for Fiscal Year 2012.--The
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) is amended as follows:
(1) Performance management system and appointment procedures
report.--Section 1102 (5 U.S.C. 9902 note) is amended by
striking subsection (b).
(2) Global security contingency fund report.--Section 1207
(22 U.S.C. 2151 note) is amended--
(A) by striking subsection (n); and
(B) by redesignating subsections (o) and (p) as
subsections (n) and (o).
(3) Data servers and centers cost savings report.--Section
2867 (10 U.S.C. 2223a note) is amended by striking subsection
(d).

(r) National Defense Authorization Act for Fiscal Year 2013.--The
National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239) is amended as follows:
(1) F-22A raptor modernization program report.--Section 144
(126 Stat. 1663) is amended by striking subsection (c).
(2) TRICARE mail-order pharmacy program report.--Section 716
(10 U.S.C. 1074g note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f).
(3) Warriors in transition programs report.--Section 738 (10
U.S.C. 1071 note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(4) Use of indemnification agreements report.--Section 865
(126 Stat. 1861) is repealed.
(5) Counter space technology report.--Section 917 (126 Stat.
1878) is repealed.
(6) Imagery intelligence and geospatial information support
report.--Section 921 (126 Stat. 1878) is amended by striking
subsection (c).
(7) Computer network operations coordination report.--
Section 1079 (10 U.S.C. 221 note) is amended by striking
subsection (c).
(8) Updates of activities of office of security cooperation
in iraq report.--Section 1211(d) (126 Stat. 1983) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(9) United states participation in the atares program
report.--Section 1276 (10 U.S.C. 2350c note) is amended--
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as subsection
(e).

(s) National Defense Authorization Act for Fiscal Year 2014.--The
National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66) is amended as follows:

[[Page 1566]]

(1) Modernizing personnel security strategy metrics
report.--Section 907(c)(3) (10 U.S.C. 1564 note) is amended--
(A) by striking ``(A) Metrics required.--In'' and
inserting ``In''; and
(B) by striking subparagraph (B).
(2) Defense clandestine service report.--Section 923 (10
U.S.C. prec. 421 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsection (b), (c), and (d), respectively.
(3) International agreements relating to dod report.--
Section 1249 (127 Stat. 925) is repealed.
(4) Small business growth report.--Section 1611 (127 Stat.
946) is amended by striking subsection (d).

(t) National Defense Authorization Act for Fiscal Year 2015.--The
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291) is amended as follows:
(1) Assignment of private sector personnel to defense
advanced research projects agency report.--Section 232 (10
U.S.C. 2358 note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(2) Government lodging program report.--Section 914 (5
U.S.C. 5911 note) is amended by striking subsection (d).
(3) DOD response to compromises of classified information
report.--Section 1052 (128 Stat. 3497) is repealed.
(4) Personnel protection and personnel survivability
equipment loan report.--Section 1207 (10 U.S.C. 2342 note) is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(5) DOD assistance to counter isis report.--Section 1236
(128 Stat. 3558) is amended by striking subsection (d).
(6) Cooperative threat reduction program use of
contributions report.--Section 1325 (50 U.S.C. 3715) is
amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(7) Cooperative threat reduction program facilities
certification report.--Section 1341 (50 U.S.C. 3741) is
repealed.
(8) Cooperative threat reduction program project category
report.--Section 1342 (50 U.S.C. 3742) is repealed.
(9) Statement on allocation of funds for space security and
defense program.--Section 1607 (128 Stat. 3625) is amended--
(A) by striking ``(a) Allocation of Funds.--'';
(B) by striking subsections (b), (c), and (d); and
(C) by adding at the end the following new sentence:
``This requirement shall terminate on December 19,
2019.''.

(u) <>  Preservation of Certain Additional
Reports.--Effective as of December 23, 2016, and as if included therein
as enacted,

[[Page 1567]]

section 1061(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) <>  is amended as
follows:
(1) National guard bureau report.--By inserting after
paragraph (63) the following new paragraph:
``(64) Section 10504(b).''.
(2) Report on procurement of contract services.--By
inserting after paragraph (64), as added by paragraph (1), the
following new paragraph:
``(65) Section 235.''.
(3) Annual defense manpower requirements report.--By
inserting after paragraph (65), as added by paragraph (2), the
following new paragraph:
``(66) Section 115a.''.
(4) STARBASE program report.--By inserting after paragraph
(66), as added by paragraph (3), the following new paragraph:
``(67) Section 2193b(g).''.

(v) <>  Preservation of Vetted Syrian
Opposition Report.--Effective as of December 23, 2016, and as if
included therein as enacted, section 1061(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is amended
by adding at the end the following new paragraph:
``(18) Section 1209(d) (128 Stat. 3542).''.

(w) <>  Preservation of Reports Required by
Other Laws.--Effective as of December 23, 2016, and as if included
therein as enacted, section 1061(i) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is amended
as follows:
(1) National guard youth challenge report.--By adding at the
end the following new paragraph:
``(34) Section 509(k) of title 32, United States Code.''.
(2)  Annual report on support to law enforcement agencies
conducting counter-terrorism activities.--By inserting after
paragraph (34), as added by paragraph (1), the following new
paragraph:
``(35) Section 1022(c) of the National Defense Authorization
Act for 2004 (Public Law 108-136; 10 U.S.C. 371 note).''.

(x) <>  Termination of Certain Additional
Reports.--Effective on December 31, 2021, the reports required under the
following provisions of title 10, United States Code, shall no longer be
required to be submitted to Congress:
(1) Section 113(c)(1).
(2) Section 113(e).
(3) Section 116.
(4) Section 2432.

(y) Report to Congress.--Not later than February 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report that includes the
following:
(1) A list of all reports required to be submitted to
Congress by the Department of Defense, or any officer, official,
component, or element of the Department, from any source of law
other than an annual national defense authorization Act as of
April 1, 2015.
(2) For each report included on the list under paragraph
(1), a citation to the provision of law under which the report
is required to be submitted.

[[Page 1568]]

(z) <>  Effective Date.--Except as provided
in subsections (u), (v), and (w) the amendments made by this section
shall take effect on the later of--
(1) the date of the enactment of this Act; or
(2) November 25, 2017.
SEC. 1052. REPORT ON TRANSFER OF DEFENSE ARTICLES TO UNITS
COMMITTING GROSS VIOLATIONS OF HUMAN
RIGHTS.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate committees of
Congress a report on the transfer of defense articles to units
committing gross violations of human rights.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of the current laws, guidance, and
policies, if any, for Department of Defense personnel to monitor
and report the transfer of defense articles, provided to the
government of a foreign state pursuant to a Department of
Defense assistance authority, that have subsequently been
provided by that government to a unit of that foreign state that
is prohibited from receiving assistance from the United States
by reason of a determination by the Secretary of State that
there is credible evidence that such unit has committed a gross
violation of human rights.
(2) A description of any confirmed instances since January
1, 2016, in which the government of a foreign state that has
received defense articles pursuant to a Department of Defense
assistance authority has subsequently transferred the equipment
to a unit of that foreign state that is prohibited from
receiving assistance from the United States by reason of a
determination by the Secretary of State that there is credible
evidence that such unit has committed a gross violation of human
rights.

(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1053. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND
COUNTERMEASURES CENTER.

(a) Report.--Not later than March 1, 2018, the Secretary of Homeland
Security and the Secretary of Defense shall submit to the appropriate
congressional committees a report, prepared in consultation with the
officials listed in subsection (b), on the National Biodefense Analysis
and Countermeasures Center (referred to in this section as the
``NBACC''). Such report shall contain the following information:
(1) The functions of the NBACC.
(2) The end users of the NBACC, including those whose assets
may be managed by other agencies.
(3) The cost and mission impact for each user identified
under paragraph (2) of any potential closure of the NBACC,
including an analysis of the functions of the NBACC that cannot
be replicated by other departments and agencies of the Federal
Government.

[[Page 1569]]

(4) In the case of closure of the NBACC, a transition plan
for any essential functions currently performed by the NBACC to
ensure mission continuity, including the storage of samples
needed for ongoing criminal cases.

(b) Consultation.--The officials listed in this subsection are the
following:
(1) The Secretary of Homeland Security.
(2) The Director of the Federal Bureau of Investigation.
(3) The Attorney General.
(4) The Director of National Intelligence.
(5) As determined by the Secretary of Homeland Security, the
leaders of other offices that use the NBACC.

(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Limitation.--None of the funds authorized to be appropriated in
this Act may be used to support the closure or transfer of the NBACC
until--
(1) the report required by subsection (a) has been
submitted; and
(2) the heads of the Federal agencies that use the NBACC
jointly provide to the appropriate congressional committees
certification that the closure or transfer of the NBACC would
not have a negative effect on biological defense capabilities.

(e) Appropriate Congressional Committees Defined.--For purposes of
this section, the term ``appropriate congressional committees'' means
the Committees on Appropriations of the Senate and the House of
Representatives, the Committees on Armed Services of the Senate and the
House of Representatives, the Committee on Homeland Security of the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committees on Judiciary of the
Senate and the House of Representatives, the Committee on Oversight and
Government Reform of the House of Representatives, the Permanent Select
Committee on Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE ARCTIC CAPABILITY AND
RESOURCE GAPS AND REQUIRED
INFRASTRUCTURE.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth--
(1) necessary steps the Department of Defense is undertaking
to resolve Arctic security capability and resource gaps; and
(2) the requirements and investment plans for military
infrastructure required to protect United States national
security interests in the Arctic region.

(b) Elements.--The report under subsection (a) shall include an
analysis of each of the following:
(1) The infrastructure needed to ensure national security in
the Arctic region.
(2) Any shortfalls in observation, remote sensing
capabilities, ice prediction, and weather forecasting, including
an analysis of--
(A) the readiness challenges posed by a changing
Arctic region; and

[[Page 1570]]

(B) changes to the Arctic region that affect
existing military infrastructure.
(3) Any shortfalls of the Department in navigational aids.
(4) Any additional, necessary high-latitude electronic and
communications infrastructure requirements.
(5) Any gaps in intelligence, surveillance, and
reconnaissance coverage and recommendations for additional
intelligence, surveillance, and reconnaissance capabilities.
(6) Any shortfalls in personnel recovery capabilities.
(7) United States national security interests in the Arctic
region, including strategic national assets, United States
citizens, territory, freedom of navigation, and economic and
trade interests in the region.
(8) United States military capabilities needed for
operations in Arctic terrain, including types of forces, major
weapon systems, and logistics required for operations in such
terrain.
(9) The installations, infrastructure, and deep water ports
for deployment of assets required to support operations in the
Arctic region, including the stationing, deployment, and
training of military forces for operations in the region.
(10) Any additional capabilities the Secretary determines
should be incorporated into future Navy surface combatants.

(c) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1055. REVIEW AND ASSESSMENT OF DEPARTMENT OF DEFENSE
PERSONNEL RECOVERY AND NONCONVENTIONAL
ASSISTED RECOVERY MECHANISMS.

(a) In General.--Not later than March 1, 2018, the Secretary of
Defense shall submit to the congressional defense committees a review
and assessment of personnel recovery and nonconventional assisted
recovery programs, authorities, and policies.
(b) Elements.--The assessment required under subsection (a) shall
include each of the following elements:
(1) An overall strategy defining personnel recovery and
nonconventional assisted recovery programs and activities,
including how such programs and activities support the
requirements of the geographic combatant commanders.
(2) A comprehensive review and assessment of statutory
authorities, policies, and interagency coordination mechanisms,
including limitations and shortfalls, for personnel recovery and
nonconventional assisted recovery programs and activities.
(3) A comprehensive description of current validated
requirements and anticipated future personnel recovery and
nonconventional assisted recovery requirements across the future
years defense program, as validated by the Joint Staff.
(4) An overview of validated current and expected future
force structure requirements necessary to meet near-,
mid-, and long-term personnel recovery and nonconventional
assisted recovery programs and activities of the geographic
combatant commanders.
(5) Any other matters the Secretary considers appropriate.

(c) Form of Assessment.--The assessment required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.

[[Page 1571]]

(d) Comptroller General Review.--Not later than 90 days after the
date on which the assessment required under subsection (a) is submitted,
the Comptroller General of the United States shall submit to the
congressional defense committees a review of such assessment.
SEC. 1056. MINE WARFARE READINESS INSPECTION PLAN AND REPORT.

(a) Inspection Plan.--Not later than one year after the date of the
enactment of this subsection, the Chief of Naval Operations, in
consultation with the Combatant Commanders, shall submit a plan for
inspections of each unit and organization tasked with delivering
operational capability, missions and mission essential tasks, functions,
supporting roles, organization, manning, training, and materiel for
naval mine warfare. At a minimum, inspected units and organizations
shall include those required in the Joint Strategic Capabilities Plan
and those assigned in the Forces For Unified Commands document or have
the potential to support, by deployment or otherwise, a directed
Operation Plan, Concept Plan, contingency operation, homeland security
operation, or Defense Support of Civil Authorities requirements for
naval offensive or defensive mine warfare.
(b) Criteria.--This inspection plan shall propose methods to
analytically assess, evaluate, improve and assure mission readiness of
each unit or organization with required operational capabilities for
naval mine warfare. Inspection shall include--
(1) an assessment or verification of material condition;
(2) unit wide training and personnel readiness as measured
by established tasks, conditions and standards that demonstrate
the unit readiness to perform their wartime or homeland defense
mission;
(3) force through unit level training;
(4) readiness to support multi-echelon, joint service mine
warfare operations as part of an offensive, defensive mining or
mine countermeasures task;
(5) readiness to support combatant commander campaign plans,
operational plan, concept plan, or the Joint Strategic
Capabilities Plan;
(6) required operational capability;
(7) inspection and reinspection process; and
(8) inspection periodicy.

(c) Applicability.--The inspection requirements under this
subsection apply to the following units and organizations:
(1) Surface MCM vessels or vessels performing MCM tasks.
(2) Airborne MCM squadrons.
(3) Mobile mine assembly groups and mobile mine assembly
units.
(4) Fleet patrol squadrons with mine laying capabilities.
(5) LCS and LCS MCM mission modules upon reaching IOC.
(6) Mine countermeasures squadrons.
(7) Units exercising command and control over MIW forces.
(8) MCM operational support ships.
(9) Attack and guided missile submarines with mine laying
capabilities.
(10) Magnetic and acoustic silencing facilities.
(11) EOD MCM or VSW Companies and Platoons.

[[Page 1572]]

(12) SEAL (ESG / CSG) USMC units with VSW capability.

(d) Certification.--The Chief of Naval Operations shall submit to
the Secretary of Defense, the Combatant Commanders, the Chairman of the
Joint Chiefs of Staff and to Congress a report on the program under this
subsection. The report shall contain a classified section which
addresses capability and capacity to meet JSCP, OPLAN, CONPLAN and
contingency requirements and unclassified section with general summary
and readiness trends.
(e) Conforming Repeal.--Section 1090 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) is repealed.
SEC. 1057. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.

(a) Annual Report Required.--Not later than May 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on civilian casualties caused as a result of United
States military operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set forth the
following:
(1) A list of all the United States military operations
during the year covered by such report that were confirmed, or
reasonably suspected, to have resulted in civilian casualties.
(2) For each military operation listed pursuant to paragraph
(1), each of the following:
(A) The date.
(B) The location.
(C) An identification of whether the operation
occurred inside or outside of a declared theater of
active armed conflict.
(D) The type of operation.
(E) An assessment of the number of civilian and
enemy combatant casualties.
(3) A description of the process by which the Department of
Defense investigates allegations of civilian casualties
resulting from United States military operations.
(4) A description of steps taken by the Department to
mitigate harm to civilians in conducting such operations.
(5) Any other matters the Secretary of Defense determines
are relevant.

(c) Use of Sources.--In preparing a report under this section, the
Secretary of Defense shall take into account relevant and credible all-
source reporting, including information from public reports and
nongovernmental sources.
(d) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) Sunset.--The requirement to submit a report under subsection (a)
shall expire on the date that is five years after the date of the
enactment of this Act.
SEC. 1058. REPORT ON JOINT PACIFIC ALASKA RANGE COMPLEX
MODERNIZATION.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report regarding proposed
improvements to the Joint Pacific Alaska Range Complex.

[[Page 1573]]

(b) Elements.--The report under subsection (a) shall include the
following:
(1) An analysis of existing Joint Pacific Alaska Range
Complex infrastructure.
(2) A summary of improvements to the range infrastructure
the Secretary determines are necessary--
(A) for fifth generation fighters to train at
maximum potential; and
(B) to provide a realistic air warfare environment
versus a near-peer adversary for--
(i) four squadrons of fifth generation
fighters;
(ii) annual Red Flag-Alaska exercises; and
(iii) biannual Operation Northern Edge
exercises.
SEC. 1059. REPORT ON ALTERNATIVES TO AQUEOUS FILM FORMING FOAM.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the Department's status with respect to
developing a new military specification for safe and effective
alternatives to aqueous film forming foam (hereinafter referred to as
``AFFF'') that do not contain perfluorooctanoic acid (hereinafter
referred to as ``PFOA'') or erfluorooctanesulfonic acid (hereinafter
referred to as ``PFOS'').
(b) Elements.--The report required by subparagraph (1) shall include
the following:
(1) A detailed explanation of the Department's status with
respect to developing a new military specification for safe and
effective alternatives to AFFF that do not contain PFOA or PFOS.
(2) An update on the Secretary's plans for replacing AFFF
containing PFOA or PFOS at military installations across the
country and methods of disposal for AFFF containing PFOA or
PFOS.
(3) An overview of current and planned research and
development for AFFF alternatives that do not contain PFOA or
PFOS.
(4) An assessment of how the establishment of a maximum
contaminant level for PFOA or PFOS under the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), rather than the current health
advisory level, would impact the Department's mitigation
actions, prioritization of such actions, and research and
development related to PFOA and PFOS.
SEC. 1060. ASSESSMENT OF GLOBAL FORCE POSTURE.

(a) Assessment Required.--The Secretary of Defense shall, in
consultation with the Chairman of the Joint Chiefs of Staff, the chiefs
of the military services, and the commanders of the combatant commands,
provide for and oversee an assessment of the global force posture of the
Armed Forces.
(b) Report.--Not later than the earlier of 180 days after the
production of the 2018 National Defense Strategy (which is intended to
be closely coordinated with and complementary to a new National Security
Strategy) or December 31, 2018, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment required by subsection (a).
The report shall include the following:

[[Page 1574]]

(1) Recommendations for force size, structure, and basing
globally that reflect and complement the force sizing and
planning construct included in the 2018 National Defense
Strategy in order to guide the growth of the force structure of
the Armed Forces, which recommendations shall be based on an
evaluation of the relative costs of rotational and forward-based
forces as well as impacts to deployment timelines of threats to
lines of communication and anti-access area denial capabilities
of potential adversaries.
(2) An assessment by each commander of a combatant command
of the capability and force structure gaps within the context of
an evaluation of the projected threats in the theater of
operations of the combatant command concerned and the operation
plans of each combatant command.
(3) An evaluation of the headquarters manning requirements
to oversee and direct execution of current operational plans.
SEC. 1061. ARMY MODERNIZATION STRATEGY.

(a) Strategy Required.--The Secretary of the Army shall develop a
modernization strategy for the total Army.
(b) Elements.--The strategy required by subsection (a) shall include
the following:
(1) A comprehensive description of the future total Army,
including key objectives, war fighting challenges, and risks,
sufficient to establish requirements, set priorities, identify
opportunity costs, and establish acquisition time lines for the
total Army over a period beyond the period of the current
future-years defense program under section 221 of title 10,
United States Code.
(2) Mechanisms for identifying programs of the Army that may
be unnecessary, or do not perform according to expectations, in
achieving the future total Army.
(3) A comprehensive description of the manner in which the
future total Army intends to fight and win as part of a joint
force engaged in combat across all operational domains.
(4) A comprehensive description of the mechanisms required
by the future total Army to maintain command, control, and
communications and sustainment.
(5) A description of--
(A) the combat vehicle modernization priorities of
the Army over the next 5 and 10 years;
(B) the extent to which such priorities can be
supported at current funding levels within a relevant
time period;
(C) the extent to which additional funds are
required to support such priorities;
(D) how the Army is balancing and resourcing such
priorities with efforts to rebuild and sustain readiness
and increase force structure capacity over this same
time period; and
(E) how the Army is balancing its near-term
modernization efforts with an accelerated long-term
strategy for acquiring next generation combat vehicle
capabilities.

(c) Particular Considerations.--In developing the strategy required
by subsection (a), the Secretary shall take into particular account the
following:

[[Page 1575]]

(1) Current trends and developments in weapons and equipment
technologies.
(2) New tactics and force design of peer adversaries,
including the rapid pace of development of such tactics and
force design by such adversaries.

(d) Report.--
(1) In general.--Not later than April 30, 2018, the
Secretary shall submit to the congressional defense committees
the strategy required by subsection (a).
(2) Form.--If the report is submitted in classified form,
the report shall be accompanied by an unclassified summary.

(e) Comptroller General Assessment.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the modernization strategy
required by subsection (a).
(2) Focus.--In carrying out the assessment under paragraph
(1), the Comptroller General shall focus on evaluating--
(A) the development of the modernization priorities
of the Army for the five-year period beginning on the
date of the enactment of this Act;
(B) how the Army is balancing and resourcing such
priorities with efforts to rebuild and sustain readiness
and increase force structure capacity over such period;
and
(C) the extent to which the Army has balanced its
near-term modernization efforts with its long-term
strategy for acquiring new capabilities.
(3) Congressional reporting.--
(A) Briefing.--Not later than May 1, 2018, the
Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary
assessment of the Comptroller General under paragraph
(1).
(B) Report.--The Comptroller General shall submit to
the congressional defense committees a report on the
final assessment of the Comptroller General under such
paragraph.

(f) Total Army Defined.--In this section, the term ``total Army''
means the active components and the reserve components of the Army.
SEC. 1062. REPORT ON ARMY PLAN TO IMPROVE OPERATIONAL UNIT
READINESS BY REDUCING NUMBER OF NON-
DEPLOYABLE SOLDIERS ASSIGNED TO
OPERATIONAL UNITS.

Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the congressional defense
committees a report on the plans of the Army to improve operational unit
readiness in the Army by reducing the number of non-deployable soldiers
assigned to operational units of the Army and replacing such soldiers
with soldiers capable of world-wide deployment.
SEC. 1063. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES ON CERTAIN
NAVY AIRCRAFT.

(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until January 1,
2020, the Secretary of the Navy shall provide to the congressional
defense committees information on efforts by the Navy's Physiological
Episode Team to combat the prevalence of

[[Page 1576]]

physiological episodes in F/A-18 Hornet and Super Hornet, EA-18G
Growler, and T-45 Goshawk aircraft.
(b) Elements.--The information required under subsection (a) shall
include the following elements:
(1) A description of Naval Aviation Enterprise activities
addressing physiological episodes during the reporting period.
(2) An estimate of funding expended in support of the
activities described under paragraph (1).
(3) A description of any planned or executed changes to
Physiological Episode Team structure or processes.
(4) A description of activities planned for the upcoming two
quarters.

(c) Form.--The information required under subsection (a) may be
provided in a written report or a briefing.
SEC. 1064. STUDIES ON AIRCRAFT INVENTORIES FOR THE AIR FORCE.

(a) Independent Studies.--
(1) In general.--The Secretary of Defense shall provide for
the performance of three independent studies of alternative
aircraft inventories through 2030, and an associated force-
sizing construct, for the Air Force.
(2) Submittal to congress.--Not later than March 1, 2019,
the Secretary shall submit the results of each study to the
congressional defense committees.
(3) Form.--The result of each study shall be submitted in
unclassified form, but may include a classified annex.

(b) Entities To Perform Studies.--The Secretary shall provide for
the studies under subsection (a) to be performed as follows:
(1) One study shall be performed by the Secretary of the Air
Force, in consultation with the Director of the Office of Net
Assessment.
(2) One study shall be performed by a federally funded
research and development center.
(3) One study shall be conducted by an independent,
nongovernmental institute which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code, and has recognized
credentials and expertise in national security and military
affairs.

(c) Performance of Studies.--
(1) Independent performance.--The Secretary shall require
the studies under this section to be conducted independently of
one another.
(2) Matters to be considered.--In performing a study under
this section, the organization performing the study, while being
aware of current and projected aircraft inventories for the Air
Force, shall not be limited by such current or projected
aircraft inventories, and shall consider the following matters:
(A) The national security and national defense
strategies of the United States.
(B) Potential future threats to the United States
and to United States air and space forces through 2030.
(C) Traditional roles and missions of the Air Force.
(D) Alternative roles and missions for the Air
Force.
(E) The force-sizing methodology and rationale used
to calculated aircraft inventory levels.

[[Page 1577]]

(F) Other government and nongovernment analyses that
would contribute to the study through variations in
study assumptions or potential scenarios.
(G) The role of evolving technology on future air
forces, including unmanned and space systems.
(H) Opportunities for reduced operation and
sustainment costs.
(I) Current and projected capabilities of other
Armed Forces that could affect force structure
capability and capacity requirements of the Air Force.

(d) Study Results.--The results of each study under this section
shall--
(1) identify a force-sizing construct for the Air Force that
connects national security strategy to aircraft inventories;
(2) present the alternative aircraft inventories considered,
with assumptions and possible scenarios identified for each;
(3) provide for presentation of minority views of study
participants; and
(4) for the recommended inventories, provide--
(A) the numbers and types of aircraft, the numbers
and types of manned and unmanned aircraft, and the basic
capabilities of each of such platforms;
(B) describe the force-sizing rationale used to
arrive at the recommended inventory levels;
(C) other information needed to understand the
aircraft inventories in basic form and the supporting
analysis; and
(D) options to address aircraft types whose
retirement commences before 2030.
SEC. 1065. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES IN
THE ARCTIC REGION.

(a) Report on Capabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
capabilities of the Navy in the Arctic region.
(2) Elements.--The report required by paragraph (1) shall
include an analysis of the following:
(A) The current naval capabilities of the Department
of Defense in the Arctic region, with a particular
emphasis on surface capabilities.
(B) Any gaps that exist between the current naval
capabilities described in subparagraph (A) and the
ability of the Department to fully execute its updated
strategy for the Arctic region.
(C) Any gaps in the capabilities described in
subparagraph (A) that require ice-hardening of existing
vessels or the construction of new vessels to preserve
freedom of navigation in the Arctic region whenever and
wherever necessary.
(D) An analysis and recommendation of which Navy
vessels could be ice-hardened to effectively preserve
freedom of navigation in the Arctic region when and
where necessary, in all seasons and weather conditions.
(E) An analysis of any cost increases or schedule
adjustments that may result from ice-hardening existing
or new Navy vessels.

[[Page 1578]]

(b) Comptroller General of the United States Review.--Not later than
90 days after the date on which the Secretary submits the report
required by subsection (a), the Comptroller General of the United States
shall submit to the congressional defense committees a review of the
report, including any matters in connection with the report and the
review that the Comptroller General considers appropriate.
(c) Form.--The report under subsection (a) and the review under
subsection (b) shall each be submitted in unclassified form, but may
include a classified annex.
SEC. 1066. COMPREHENSIVE REVIEW OF MARITIME INTELLIGENCE,
SURVEILLANCE, RECONNAISSANCE, AND
TARGETING CAPABILITIES.

(a) Report Required.--Not later than May 1, 2018, the Secretary of
the Navy shall submit to the congressional defense committees a report
on maritime intelligence, surveillance, reconnaissance, and targeting
capabilities.
(b) Comprehensive Review.--The report required in subsection (a)
shall include a comprehensive review of the following elements for the
2025 and 2035 timeframes:
(1) A description of the projected steady-state demands for
maritime intelligence, surveillance, reconnaissance, and
targeting capabilities and capacity in each timeframe, including
protracted gray-zone or low-intensity confrontations between the
United States or its allies and potential adversaries such as
Russia, China, North Korea, and Iran.
(2) A description of potential warfighting planning
scenarios in which maritime intelligence, surveillance,
reconnaissance, and targeting capabilities will be required in
each prescribed timeframe, including the most demanding such
scenario.
(3) A description of the undersea, surface, and air threats
for each scenario described in paragraph (2) that will require
maritime intelligence, surveillance, reconnaissance, and
targeting to be conducted in order to achieve warfighting
objectives.
(4) An assessment of the sufficiency of maritime
intelligence, surveillance, reconnaissance, and targeting
program capability and capacity to achieve the warfighting
objectives described in paragraph (3) in the most demanding
scenario described in paragraph (2), including the effects of
attrition.
(5) Planned operational concepts, including a High level
operational concept graphic (OV-1) for each such concept, for
conducting maritime intelligence, surveillance, reconnaissance,
and targeting capabilities during steady state operations and
warfighting scenarios described in paragraph (2), including
consideration of distributed combat operations in a satellite
denied environment.
(6) Specific capability or capacity gaps and risk areas in
the ability or sufficiency of maritime intelligence,
surveillance, reconnaissance, and targeting capabilities.
(7) Potential mitigation or solutions to address the
capability and capacity gaps and risk areas identified in
paragraph (6), including new capabilities, increased capacity,
or new operating concepts that could be employed by the Navy.
(8) A description of the funding amount by fiscal year,
initial operational capability, and full operational capability

[[Page 1579]]

for each maritime intelligence, surveillance, reconnaissance,
and targeting program identified in paragraph (4), based on the
President's fiscal year 2019 future years defense program,
including unfunded and partially funded programs.

(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 1067. REPORT ON THE NEED FOR A JOINT CHEMICAL-BIOLOGICAL
DEFENSE LOGISTICS CENTER.

Not later than March 1, 2018, the Secretary of Defense shall submit
to the congressional defense committees a report that includes the
following:
(1) A description of the operational need and requirement
for a consolidated Joint Chemical-Biological Defense Logistics
Center.
(2) Identification of the specific operational requirements
for rapid deployment of chemical and biological defense assets
and the sustainment requirements for maintenance, storage,
inspection, and distribution of specialized chemical,
biological, radiological, and nuclear equipment at the Joint
Chemical-Biological Defense Logistics Center.
(3) A definition of program objectives and milestones to
achieve initial operating capability and full operating
capability.
(4) Estimated facility and personnel resource requirements
for use in planning, programming, and budgeting.
(5) An environmental assessment of proposed effects in
accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
SEC. 1068. MISSILE TECHNOLOGY CONTROL REGIME CATEGORY I UNMANNED
AERIAL VEHICLE SYSTEMS.

(a) Report Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of Congress a
report providing an evaluation of the impact to national security of
current United States policy regarding proliferation of complete
unmanned aerial vehicle systems under Category I of the Missile
Technology Control Regime (MTCR).
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An analysis of Category I unmanned aerial vehicles
(UAVs) in production globally and the countries that export such
systems, including the volume and location.
(2) An evaluation of the impact of the MTCR presumption of
denial relating to Category I UAVs on identified United States
security interests, including the presumption's nonproliferation
benefits and the extent to which the presumption may foster the
growth of foreign UAV providers, reducing United States
Government influence and the qualitative United States
technological edge.
(3) An evaluation of the potential risks and benefits to
security posed by exports of UAVs, whether or not covered by
Category I criteria, to identify characteristics that pose
particular concerns, such as speed, radar cross-section,
swarming capability, surveillance payload, low observable
features, armor, and anti-aircraft countermeasures.
(4) A discussion of how the evaluation above should inform
United States Government and allied and partner licensing

[[Page 1580]]

guidance with respect to the MTCR presumption of denial and its
potential impacts, United States Government proposals for
revisions to the MTCR Guidelines, and differences among UAVs
(Category I, as well as Category II UAVs that pose particular
concerns).
(5) Any other matters the Secretaries consider appropriate.

(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1069. RECOMMENDATIONS FOR INTERAGENCY VETTING OF FOREIGN
INVESTMENTS AFFECTING NATIONAL SECURITY.

(a) Plan and Recommendations Required.--The Secretary of Defense, in
concurrence with the Secretary of State, the Secretary of Treasury, and
the Director of National Intelligence, shall assess and develop a plan
and recommendations for agencies of the United States Government, other
than the Department of Defense, to improve the effectiveness of the
interagency vetting of foreign investments that could potentially impair
the national security of the United States.
(b) Objectives.--The recommendations required by subsection (a)
shall have the following objectives:
(1) To increase collaboration and coordination among
agencies of the United States Government in the identification
and prevention of foreign investments that could potentially
impair the national security of the United States.
(2) To increase collaboration and cooperation among the
United States Government and governments of United States allies
and partners on investments described in paragraph (1),
including through information sharing.
(3) To increase collaboration and cooperation among agencies
of the United States Government to identify and mitigate
potential threats to critical United States technologies from
foreign state owned or state controlled entities.

(c) Analysis.--The recommendations required by subsection (a) shall
be based upon analysis of the following:
(1) Whether the current interagency vetting processes and
policies place adequate focus on the potential threats presented
by influence of the foreign governments over business entities
seeking investment in the United States.
(2) The current or projected major vulnerabilities of the
defense industrial base pertaining to foreign investment,
including in the areas of cybersecurity, reliance on foreign
suppliers in the defense supply chain access to materials that
are essential for national defense, and the use of
transportation assets and other critical infrastructure for
training, mobilizing, and deploying forces.
(3) Whether the current interagency vetting process for
foreign investments--

[[Page 1581]]

(A) requires additional resources to be effective;
(B) permits the interagency establishment adequate
time to thoroughly review transactions and to conduct
national security threat assessments;
(C) assesses the risks posed by transactions before
they are implemented; and
(D) provides adequate monitoring and compliance of
agreements to mitigate such risks.
(4) The counterintelligence risks posed by purchases or
leases of Federal land.
(5) Whether and to what extent industrial espionage is
occurring against private United States companies to obtain
commercial secrets related to critical or foundational
technologies.
(6) Whether and to what extent foreseeable foreign
investments have the potential to--
(A) reduce any United States technological or
industrial advantage of the United States; or
(B) increase the vulnerability of the United States
to information operations, including the purposeful
dissemination of false or misleading information to the
American public and the manipulation of American public
opinion on critical public policy issues.
(7) Whether currently mandated annual reports to Congress on
the interagency vetting of foreign investments should be revised
to ensure that they provide valuable information.

(d) Considerations.--The recommendations required by subsection (a)
shall take into consideration each of the following:
(1) Trends in foreign investment transactions, including
joint ventures, the sale of assets pursuant to bankruptcy, and
the purchase or lease of real estate in proximity to Government
installations that could impair national security.
(2) Strategies used by foreign investors to exploit
vulnerabilities in existing foreign investment vetting processes
and regulations.
(3) Any market distortion or unfair competition incurred by
foreign transactions that directly or indirectly impairs the
national security or the United States.

(e) Reports.--
(1) Interim report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on the
progress of the Secretary in developing the recommendations
required by subsection (a).
(2) Final report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
recommendations developed pursuant to subsection (a).
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Appropriate committees of congress.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services of the Senate
and the House of Representatives;
(B) the Committee on Foreign Affairs of the House of
Representatives;
(C) the Committee on Foreign Relations of the
Senate;

[[Page 1582]]

(D) the Committee on Financial Services of the House
of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(G) the Select Committee on Intelligence of the
Senate.
SEC. 1070. BRIEFING ON PRIOR ATTEMPTED RUSSIAN CYBER ATTACKS
AGAINST DEFENSE SYSTEMS.

Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in coordination with the Director of National
Intelligence, shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on all attempts to
breach, intrude, or otherwise hack into Department of Defense systems
that--
(1) occurred during the last 24-month period ending on the
date of the enactment of this Act; and
(2) were attributable either to the government of the
Russian Federation or actors substantially supported by the
government of the Russian Federation.
SEC. 1071. <> ENHANCED ANALYTICAL AND
MONITORING CAPABILITY OF THE DEFENSE
INDUSTRIAL BASE.

(a) Process.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall establish
a process, or designate an existing process, for enhancing the
ability of the Department of Defense to analyze, assess, and
monitor the vulnerabilities of, and concentration of purchases
in, the defense industrial base.
(2) Elements.--The process required by subsection (a) shall
include the following elements:
(A) Designation of a senior official responsible for
overseeing the development and implementation of the
process.
(B) Development or integration of tools to support
commercial due diligence and business intelligence or to
otherwise analyze and monitor commercial activity to
understand business relationships affecting the defense
industrial base.
(C) Development of risk profiles of products,
services, or entities based on business intelligence,
commercial due diligence tools and data services.
(D) As the Secretary determines necessary,
integration with intelligence sources to develop threat
profiles of entities attempting transactions with a
defense industrial base companies.
(E) Other matters as the Secretary deems necessary.
(3) Notification.--Not later than 90 days after establishing
or designating the process required by subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives notice in writing that
such process has been established or otherwise designated. Such
notification shall include the following:
(A) Identification of the official required to be
designated under paragraph (2)(A).
(B) Identification of the tools described in
paragraph (2)(B) that are currently available to
Department of Defense and any other tools available
commercially or otherwise

[[Page 1583]]

that might contribute to enhancing the analytic
capability of the process.
(C) Identification of, or recommendations for, any
statutory changes needed to improve the effectiveness of
the process.
(D) Projected resources necessary to purchase any
commercially available tools identified under
subparagraph (B) and to carry out any statutory changes
identified under subparagraph (C).

(b) Reporting.--
(1) Consolidated report on vulnerabilities of, and
concentration of purchases in, the defense industrial base.--
(A) Report required.--For each of fiscal years 2018
through 2023, the Secretary of Defense shall submit to
the appropriate congressional committees a consolidated
report that combines all of the reports required to be
provided to Congress for that fiscal year on the
adequacy of, vulnerabilities of, and concentration of
purchases in the defense industrial sector. Such
consolidated report shall include each of the following:
(i) The report required under section 721(m)
of the Defense Production Act of 1950 (50 U.S.C.
4565(m)) (relating to concentrations of purchases
of the defense industrial base).
(ii) The report required under section 723(a)
of the Defense Production Act of 1950 (50 U.S.C.
4568(a)) (relating to offsets in defense
production).
(iii) The report required under section 2504
of title 10, United States Code (relating to
annual industrial capabilities).
(iv) Any other reports the Secretary
determines appropriate.
(B) Deadline.--A consolidated report under
subparagraph (A) shall be submitted by not later than
March 31 of the fiscal year following the fiscal year
for which the report is submitted.
(2) Review of technology protection policy.--Not later than
270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report describing any need for
reforms of policies governing the export of technology or
related intellectual property, along with any proposed
legislative changes the Secretary believes are necessary.
(3) Form of reports.--Each report submitted under this
subsection shall be in unclassified form, but may contain a
classified annex.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.

[[Page 1584]]

SEC. 1072. REPORT ON DEFENSE OF COMBAT LOGISTICS AND STRATEGIC
MOBILITY FORCES.

(a) Report Required.--Not later than April 1, 2018, the Secretary of
the Navy shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the defense of combat
logistics and strategic mobility forces.
(b) Covered Periods.--The report required by subsection (a) shall
cover two periods:
(1) The period from 2018 through 2025.
(2) The period from 2026 through 2035.

(c) Elements.--The report required by subsection (a) shall include,
for each of the periods covered by the report, the following:
(1) A description of potential warfighting planning
scenarios in which combat logistics and strategic mobility
forces will be threatened, including the most demanding
operational plan requiring such forces.
(2) A description of the combat logistics and strategic
mobility forces capacity, including additional combat logistics
and strategic mobility forces, that may be required due to
losses from attacks under each scenario described pursuant to
paragraph (1).
(3) A description of the projected capability and capacity
of subsurface threats to combat logistics and strategic mobility
forces for each scenario described pursuant to paragraph (1).
(4) A description of planned operating concepts for
defending combat logistics and strategic mobility forces from
subsurface, surface, and air threats for each scenario described
pursuant to paragraph (1).
(5) An assessment of the ability and availability of United
States naval forces to defend combat logistics and strategic
mobility forces from the threats described pursuant to paragraph
(1), while also accomplishing other assigned missions, for each
scenario described pursuant to that paragraph.
(6) A description of specific capability gaps or risk areas
in the ability or availability of United States naval forces to
defend combat logistics and strategic mobility forces from the
threats described pursuant to paragraph (1).
(7) A description and assessment of potential solutions to
address the capability gaps and risk areas identified pursuant
to paragraph (6), including new capabilities, increased
capacity, or new operating concepts that could be employed by
United States naval forces.

(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Combat Logistics and Strategic Mobility Forces Defined.--In this
section, the term ``combat logistics and strategic mobility forces''
means the combat logistics force, the Ready Reserve Force, and the
Military Sealift Command surge fleet.
SEC. 1073. REPORT ON ACQUISITION STRATEGY TO RECAPITALIZE THE
EXISTING SYSTEM FOR UNDERSEA FIXED
SURVEILLANCE.

(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the acquisition strategy to
recapitalize the existing system for undersea fixed surveillance.

[[Page 1585]]

(b) Elements.--The report required by subsection (a) shall address
the following matters:
(1) A description of undersea fixed surveillance system
recapitalization requirements, including key performance
parameters and key system attributes as applicable.
(2) Cost estimates for procuring a future system or systems.
(3) Projected dates for key milestones within the
acquisition strategy.
(4) A description of how the acquisition strategy will
improve performance in the areas of detection and localization
compared to the legacy system to enable effective performance
against current, emerging, and future threats over the life of
the systems.
(5) A description of how the acquisition strategy will
encourage competition and reward innovation for addressing
system performance requirements.
SEC. 1074. REPORT ON IMPLEMENTATION OF REQUIREMENTS IN CONNECTION
WITH THE ORGANIZATION OF THE DEPARTMENT
OF DEFENSE FOR MANAGEMENT OF SPECIAL
OPERATIONS FORCES AND SPECIAL
OPERATIONS.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of section 922 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2354) and the amendments made by that section (in this
section collectively referred to as the ``covered authority'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A statement of the responsibilities of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict that is consistent with the covered authority,
including an identification of any responsibilities to be
divested by the Assistant Secretary pursuant to the covered
authority.
(2) A resource-unconstrained analysis of manpower
requirements necessary to satisfy the responsibilities akin to
those of the Secretary of a military department that are
specified by the covered authority.
(3) An accounting of civilian, military, and contractor
personnel currently assigned to the fulfillment of the
responsibilities akin to those of the Secretary of a military
department that are specified by the covered authority,
including responsibilities relating to budget, personnel,
programs and requirements, acquisition, and special access
programs.
(4) A description of actions taken to implement the covered
authority as of the date of the report, including the assignment
of any additional civilian, military, or contractor personnel to
fulfill additional responsibilities akin to those of the
Secretary of a military department that are specified by the
covered authority.
(5) An explanation how the responsibilities akin to those of
the Secretary of a military department that assigned to the
Assistant Secretary by the covered authority will be fulfilled
in the absence of additional personnel being assigned to the
office of the Assistant Secretary.

[[Page 1586]]

(6) An assessment of whether the responsibilities specified
in section 138(b)(4) of title 10, United States Code, could be
accomplished more effectively if the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict were
elevated to an Under Secretary, including the potential benefits
and negative consequences of such a change.
(7) Any other matters the Secretary considers appropriate.
SEC. 1075. REPORT ON THE GLOBAL FOOD SYSTEM AND VULNERABILITIES
RELEVANT TO DEPARTMENT OF DEFENSE
MISSIONS.

(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the heads of such components of the Department of Defense as the
Secretary considers appropriate, submit to the congressional defense
committees an assessment of Department of Defense policies and
operational plans for addressing the national security implications of
global food system vulnerabilities.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) An evaluation of vulnerabilities in the global food
system that may affect the national security of the United
States and the Department of Defense roles, missions, and
capabilities in addressing such vulnerabilities, including
information technology, data management, and surveillance
capabilities for detection and assessment of food system shocks
with the potential to result in the deployment of the Armed
Forces or directly affect bilateral security interests with
allies or partners.
(2) A characterization of how Department of Defense
strategy, policies, and plans, including the Unified Command
Plan, defense planning scenarios, operational plans, theater
cooperation plans, and other relevant planning documents and
procedures, account for food system vulnerabilities as
precursors to and components of protracted major state
conflicts, civil wars, insurgencies, or terrorism.
(3) An evaluation of United States interests, including the
interests of allies and strategic partners, and potential United
States military operations, including thresholds for ordering
such operations, in regions where food system instability
represents an urgent and growing threat, including due to the
presence of destabilizing non-state actors who may weaponize
access to food.
(4) An identification of opportunities to initiate or
further develop cooperative military-to-military relationships
to build partner capacity to avoid, minimize, or control global
and regional food system shocks.

Subtitle G--Modernizing Government Technology

SEC. 1076. <>  DEFINITIONS.

In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.

[[Page 1587]]

(2) Board.--The term ``Board'' means the Technology
Modernization Board established under section 1094(c)(1).
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Fund.--The term ``Fund'' means the Technology
Modernization Fund established under section 1094(b)(1).
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section 3502 of
title 44, United States Code.
(7) IT working capital fund.--The term ``IT working capital
fund'' means an information technology system modernization and
working capital fund established under section 1093(b)(1).
(8) Legacy information technology system.--The term ``legacy
information technology system'' means an outdated or obsolete
system of information technology.
SEC. 1077. <>  ESTABLISHMENT OF AGENCY
INFORMATION TECHNOLOGY SYSTEMS
MODERNIZATION AND WORKING CAPITAL FUNDS.

(a) Definition.--In this section, the term ``covered agency'' means
each agency listed in section 901(b) of title 31, United States Code.
(b) Information Technology System Modernization and Working Capital
Funds.--
(1) Establishment.--The head of a covered agency may
establish within the covered agency an information technology
system modernization and working capital fund for necessary
expenses described in paragraph (3).
(2) Source of funds.--The following amounts may be deposited
into an IT working capital fund:
(A) Reprogramming and transfer of funds made
available in appropriations Acts enacted after the date
of enactment of this Act, including the transfer of any
funds for the operation and maintenance of legacy
information technology systems, in compliance with any
applicable reprogramming law or guidelines of the
Committees on Appropriations of the Senate and the House
of Representatives or transfer authority specifically
provided in appropriations law.
(B) Amounts made available to the IT working capital
fund through discretionary appropriations made available
after the date of enactment of this Act.
(3) Use of funds.--An IT working capital fund established
under paragraph (1) may only be used--
(A) to improve, retire, or replace existing
information technology systems in the covered agency to
enhance cybersecurity and to improve efficiency and
effectiveness across the life of a given workload,
procured using full and open competition among all
commercial items to the greatest extent practicable;
(B) to transition legacy information technology
systems at the covered agency to commercial cloud
computing and

[[Page 1588]]

other innovative commercial platforms and technologies,
including those serving more than 1 covered agency with
common requirements;
(C) to assist and support covered agency efforts to
provide adequate, risk-based, and cost-effective
information technology capabilities that address
evolving threats to information security;
(D) to reimburse funds transferred to the covered
agency from the Fund with the approval of the Chief
Information Officer, in consultation with the Chief
Financial Officer, of the covered agency; and
(E) for a program, project, or activity or to
increase funds for any program, project, or activity
that has not been denied or restricted by Congress.
(4) Existing funds.--An IT working capital fund may not be
used to supplant funds provided for the operation and
maintenance of any system within an appropriation for the
covered agency at the time of establishment of the IT working
capital fund.
(5) Prioritization of funds.--The head of each covered
agency--
(A) shall prioritize funds within the IT working
capital fund of the covered agency to be used initially
for cost savings activities approved by the Chief
Information Officer of the covered agency; and
(B) may reprogram and transfer any amounts saved as
a direct result of the cost savings activities approved
under clause (i) for deposit into the IT working capital
fund of the covered agency, consistent with paragraph
(2)(A).
(6) Availability of funds.--
(A) In general.--Any funds deposited into an IT
working capital fund shall be available for obligation
for the 3-year period beginning on the last day of the
fiscal year in which the funds were deposited.
(B) Transfer of unobligated amounts.--Any amounts in
an IT working capital fund that are unobligated at the
end of the 3-year period described in subparagraph (A)
shall be transferred to the general fund of the
Treasury.
(7) Agency cio responsibilities.--In evaluating projects to
be funded by the IT working capital fund of a covered agency,
the Chief Information Officer of the covered agency shall
consider, to the extent applicable, guidance issued under
section 1094(b)(1) to evaluate applications for funding from the
Fund that include factors including a strong business case,
technical design, consideration of commercial off-the-shelf
products and services, procurement strategy (including adequate
use of rapid, iterative software development practices), and
program management.

(c) Reporting Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 6 months thereafter, the head
of each covered agency shall submit to the Director, with
respect to the IT working capital fund of the covered agency--
(A) a list of each information technology investment
funded, including the estimated cost and completion date
for each investment; and

[[Page 1589]]

(B) a summary by fiscal year of obligations,
expenditures, and unused balances.
(2) Public availability.--The Director shall make the
information submitted under paragraph (1) publicly available on
a website.
SEC. 1078. <>  ESTABLISHMENT OF
TECHNOLOGY MODERNIZATION FUND AND BOARD.

(a) Definition.--In this section, the term ``agency'' has the
meaning given the term in section 551 of title 5, United States Code.
(b) Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury a
Technology Modernization Fund for technology-related activities,
to improve information technology, to enhance cybersecurity
across the Federal Government, and to be administered in
accordance with guidance issued by the Director.
(2) Administration of fund.--The Administrator, in
consultation with the Chief Information Officers Council and
with the approval of the Director, shall administer the Fund in
accordance with this subsection.
(3) Use of funds.--The Administrator shall, in accordance
with recommendations from the Board, use amounts in the Fund--
(A) to transfer such amounts, to remain available
until expended, to the head of an agency for the
acquisition of products and services, or the development
of such products and services when more efficient and
cost effective, to improve, retire, or replace existing
Federal information technology systems to enhance
cybersecurity and privacy and improve long-term
efficiency and effectiveness;
(B) to transfer such amounts, to remain available
until expended, to the head of an agency for the
operation and procurement of information technology
products and services, or the development of such
products and services when more efficient and cost
effective, and acquisition vehicles for use by agencies
to improve Governmentwide efficiency and cybersecurity
in accordance with the requirements of the agencies;
(C) to provide services or work performed in support
of--
(i) the activities described in subparagraph
(A) or (B); and
(ii) the Board and the Director in carrying
out the responsibilities described in subsection
(c)(2); and
(D) to fund only programs, projects, or activities
or to fund increases for any programs, projects, or
activities that have not been denied or restricted by
Congress.
(4) Authorization of appropriations; credits; availability
of funds.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $250,000,000
for each of fiscal years 2018 and 2019.
(B) Credits.--In addition to any funds otherwise
appropriated, the Fund shall be credited with all
reimbursements, advances, or refunds or recoveries
relating

[[Page 1590]]

to information technology or services provided for the
purposes described in paragraph (3).
(C) Availability of funds.--Amounts deposited,
credited, or otherwise made available to the Fund shall
be available until expended for the purposes described
in paragraph (3).
(5) Reimbursement.--
(A) Reimbursement by agency.--
(i) In general.--The head of an agency shall
reimburse the Fund for any transfer made under
subparagraph (A) or (B) of paragraph (3),
including any services or work performed in
support of the transfer under paragraph (3)(C), in
accordance with the terms established in a written
agreement described in paragraph (6).
(ii) Reimbursement from subsequent
appropriations.--Notwithstanding any other
provision of law, an agency may make a
reimbursement required under clause (i) from any
appropriation made available after the date of
enactment of this Act for information technology
activities, consistent with any applicable
reprogramming law or guidelines of the Committees
on Appropriations of the Senate and the House of
Representatives.
(iii) Recording of obligation.--
Notwithstanding section 1501 of title 31, United
States Code, an obligation to make a payment under
a written agreement described in paragraph (6) in
a fiscal year after the date of enactment of this
Act shall be recorded in the fiscal year in which
the payment is due.
(B) Prices fixed by administrator.--
(i) In general.--The Administrator, in
consultation with the Director, shall establish
amounts to be paid by an agency under this
paragraph and the terms of repayment for
activities funded under paragraph (3), including
any services or work performed in support of that
development under paragraph (3)(C), at levels
sufficient to ensure the solvency of the Fund,
including operating expenses.
(ii) Review and approval.--Before making any
changes to the established amounts and terms of
repayment, the Administrator shall conduct a
review and obtain approval from the Director.
(C) Failure to make timely reimbursement.--The
Administrator may obtain reimbursement from an agency
under this paragraph by the issuance of transfer and
counterwarrants, or other lawful transfer documents,
supported by itemized bills, if payment is not made by
the agency during the 90-day period beginning after the
expiration of a repayment period described in a written
agreement described in paragraph (6).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an
agency under subparagraphs (A) and (B) of paragraph (3),
the Administrator, in consultation with the Director,
and the head of the agency shall enter into a written
agreement--

[[Page 1591]]

(i) documenting the purpose for which the
funds will be used and the terms of repayment,
which may not exceed 5 years unless approved by
the Director; and
(ii) which shall be recorded as an obligation
as provided in paragraph (5)(A).
(B) Requirement for use of incremental funding,
commercial products and services, and rapid, iterative
development practices.--The Administrator shall ensure--
(i) for any funds transferred to an agency
under paragraph (3)(A), in the absence of
compelling circumstances documented by the
Administrator at the time of transfer, that such
funds shall be transferred only on an incremental
basis, tied to metric-based development milestones
achieved by the agency through the use of rapid,
iterative, development processes; and
(ii) that the use of commercial products and
services are incorporated to the greatest extent
practicable in activities funded under
subparagraphs (A) and (B) of paragraph (3), and
that the written agreement required under
paragraph (6) documents this preference.
(7) Reporting requirements.--
(A) List of projects.--
(i) In general.--Not later than 6 months after
the date of enactment of this Act, the Director
shall maintain a list of each project funded by
the Fund, to be updated not less than quarterly,
that includes a description of the project,
project status (including any schedule delay and
cost overruns), financial expenditure data related
to the project, and the extent to which the
project is using commercial products and services,
including if applicable, a justification of why
commercial products and services were not used and
the associated development and integration costs
of custom development.
(ii) Public availability.--The list required
under clause (i) shall be published on a public
website in a manner that is, to the greatest
extent possible, consistent with applicable law on
the protection of classified information, sources,
and methods.
(B) Comptroller general reports.--Not later than 2
years after the date of enactment of this Act, and every
2 years thereafter, the Comptroller General of the
United States shall submit to Congress and make
publically available a report assessing--
(i) the costs associated with establishing the
Fund and maintaining the oversight structure
associated with the Fund compared with the cost
savings associated with the projects funded both
annually and over the life of the acquired
products and services by the Fund;
(ii) the reliability of the cost savings
estimated by agencies associated with projects
funded by the Fund;

[[Page 1592]]

(iii) whether agencies receiving transfers of
funds from the Fund used full and open competition
to acquire the custom development of information
technology products or services; and
(iv) the number of IT procurement,
development, and modernization programs, offices,
and entities in the Federal Government, including
18F and the United States Digital Services, the
roles, responsibilities, and goals of those
programs and entities, and the extent to which
they duplicate work.

(c) Technology Modernization Board.--
(1) Establishment.--There is established a Technology
Modernization Board to evaluate proposals submitted by agencies
for funding authorized under the Fund.
(2) Responsibilities.--The responsibilities of the Board
are--
(A) to provide input to the Director for the
development of processes for agencies to submit
modernization proposals to the Board and to establish
the criteria by which those proposals are evaluated,
which shall include--
(i) addressing the greatest security, privacy,
and operational risks;
(ii) having the greatest Governmentwide
impact; and
(iii) having a high probability of success
based on factors including a strong business case,
technical design, consideration of commercial off-
the-shelf products and services, procurement
strategy (including adequate use of rapid, agile
iterative software development practices), and
program management;
(B) to make recommendations to the Administrator to
assist agencies in the further development and
refinement of select submitted modernization proposals,
based on an initial evaluation performed with the
assistance of the Administrator;
(C) to review and prioritize, with the assistance of
the Administrator and the Director, modernization
proposals based on criteria established pursuant to
subparagraph (A);
(D) to identify, with the assistance of the
Administrator, opportunities to improve or replace
multiple information technology systems with a smaller
number of information technology services common to
multiple agencies;
(E) to recommend the funding of modernization
projects, in accordance with the uses described in
subsection (b)(3), to the Administrator;
(F) to monitor, in consultation with the
Administrator, progress and performance in executing
approved projects and, if necessary, recommend the
suspension or termination of funding for projects based
on factors including the failure to meet the terms of a
written agreement described in subsection (b)(6); and
(G) to monitor the operating costs of the Fund.
(3) Membership.--The Board shall consist of 7 voting
members.

[[Page 1593]]

(4) Chair.--The Chair of the Board shall be the
Administrator of the Office of Electronic Government.
(5) Permanent members.--The permanent members of the Board
shall be--
(A) the Administrator of the Office of Electronic
Government; and
(B) a senior official from the General Services
Administration having technical expertise in information
technology development, appointed by the Administrator,
with the approval of the Director.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board
shall be--
(i) 1 employee of the National Protection and
Programs Directorate of the Department of Homeland
Security, appointed by the Secretary of Homeland
Security; and
(ii) 4 employees of the Federal Government
primarily having technical expertise in
information technology development, financial
management, cybersecurity and privacy, and
acquisition, appointed by the Director.
(B) Term.--Each member of the Board described in
paragraph (A) shall serve a term of 1 year, which shall
be renewable not more than 4 times at the discretion of
the appointing Secretary or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason of
their service on the Board.
(8) Staff.--Upon request of the Chair of the Board, the
Director and the Administrator may detail, on a reimbursable or
nonreimbursable basis, any employee of the Federal Government to
the Board to assist the Board in carrying out the functions of
the Board.

(d) Responsibilities of Administrator.--
(1) In general.--In addition to the responsibilities
described in subsection (b), the Administrator shall support the
activities of the Board and provide technical support to, and,
with the concurrence of the Director, oversight of, agencies
that receive transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator are--
(A) to provide direct technical support in the form
of personnel services or otherwise to agencies
transferred amounts under subsection (b)(3)(A) and for
products, services, and acquisition vehicles funded
under subsection (b)(3)(B);
(B) to assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals.
(C) to perform regular project oversight and
monitoring of approved agency modernization projects, in
consultation with the Board and the Director, to
increase the likelihood of successful implementation and
reduce waste; and
(D) to provide the Director with information
necessary to meet the requirements of subsection (b)(7).

[[Page 1594]]

(e) Effective Date.--This section shall take effect on the date that
is 90 days after the date of enactment of this Act.
(f) Sunset.--
(1) In general.--On and after the date that is 2 years after
the date on which the Comptroller General of the United States
issues the third report required under subsection (b)(7)(B), the
Administrator may not award or transfer funds from the Fund for
any project that is not already in progress as of such date.
(2) Transfer of unobligated amounts.--Not later than 90 days
after the date on which all projects that received an award from
the Fund are completed, any amounts in the Fund shall be
transferred to the general fund of the Treasury and shall be
used for deficit reduction.
(3) Termination of technology modernization board.--Not
later than 90 days after the date on which all projects that
received an award from the Fund are completed, the Technology
Modernization Board and all the authorities of subsection (c)
shall terminate.

Subtitle H--Other Matters

SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113(j)(1) is amended by striking ``the Committee
on'' the first place it appears and all that follows through
``of Representatives'' and inserting ``congressional defense
committees''.
(2) Section 115(i)(9) is amended by striking ``section
1203(b) of the Cooperative Threat Reduction Act of 1993 (22
U.S.C. 5952(b))'' and inserting ``section 1321(a) of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711(a))''.
(3) Section 122a(a) is amended by striking ``acting through
the Office of the Assistant Secretary of Defense for Public
Affairs'' and inserting ``acting through the Assistant to the
Secretary of Defense for Public Affairs''.
(4) Section 127(c)(1) is amended by striking ``the Committee
on'' the first place it appears and all that follows through
``of Representatives'' and inserting ``congressional defense
committees''.
(5) Section 129a(b) is amended by striking ``(as identified
pursuant to section 118b of this title)''.
(6) Section 130f(b)(1) is amended by adding a period at the
end.
(7) Section 139b(c)(2) is amended by inserting a period at
the end of subparagraph (K).
(8) Section 153(a) is amended by inserting a colon after
``the following'' in the matter preceding paragraph (1).
(9) Section 162(a)(4) is amended by striking the comma after
``command of''.
(10) Section 164(a)(1)(B) is amended by striking ``section
664(f)'' and inserting ``section 664(d)''.
(11) Section 166(c) is amended by striking ``section 2011''
and inserting ``section 322''.

[[Page 1595]]

(12) Section 167b(e)(2)(A)(iii)(II) is amended by striking
``Fiscal Year 2014'' and inserting ``Fiscal Year 2016''.
(13) Section 171a is amended--
(A) in subsection (f), by striking ``(4))'' and
inserting ``(4)))''; and
(B) in subsection (i)(3), by striking ``section
2366(e)'' and inserting ``sections 2366(e) and
2366a(d)''.
(14) Section 179(f)(3)(B)(iii) is amended by striking
``Joints'' and inserting ``Joint''.
(15) Section 181(b)(1) is amended by striking ``section
118'' and inserting ``section 113(g)''.
(16) Section 222(b) is amended by striking ``both'' through
the period at the end and inserting ``major force programs.''.
(17) Section 342(j)(2) is amended by striking the second
period at the end.
(18) Section 347(a)(1)(A) is amended by inserting
``section'' in clauses (i) and (iii) after ``Academy under''.
(19) Section 494(b)(2)(B) is amended by striking ``of title
10'' and inserting ``of this title''.
(20) Section 661(c) is amended by striking ``section
664(f)'' in paragraphs (1)(B)(i) and (3)(A) and inserting
``section 664(d)''.
(21) Section 801 (article 1 of the Uniform Code of Military
Justice) is amended in the matter preceding paragraph (1) by
striking ``chapter:'' and inserting ``chapter (the Uniform Code
of Military Justice):''.
(22) Section 806b(b) (article 6b(b) of the Uniform Code of
Military Justice) is amended by striking ``(the Uniform Code of
Military Justice)''.
(23) Section 1073c(a)(1)(E) is amended by striking
``miliary'' and inserting ``military''.
(24) Section 1074g(a)(9) is amended by moving subparagraphs
(B) and (C) two ems to the left.
(25) Section 1451 is amended in subsections (a) and (b) by
striking ``section 1450(a)(4)'' each place it appears and
inserting ``section 1450(a)(5)''.
(26) Section 1452(c) is amended in paragraphs (1) and (3) by
striking ``section 1450(a)(4)'' both places it appears and
inserting ``section 1450(a)(5)''.
(27) Subsection (i) of section 1552, as redesignated by
section 511(a)(1) of this Act, is amended by striking
``calender'' each place it appears and inserting ``calendar''.
(28) Section 1553(f) is amended by striking ``calender''
each place it appears and inserting ``calendar''.
(29) Section 2264(b)(3) is amended by striking ``the date of
the'' and all the follows through ``2015'' and inserting
``December 19, 2014''.
(30) Section 2330a is amended--
(A) in subsection (d)(1)(C), by striking
``management.;'' and inserting ``management;''; and
(B) in subsection (h)--
(i) in paragraph (1), by inserting
``Performance-based.--'' after ``(1)'';
(ii) by designating the four paragraphs after
paragraph (4) as paragraphs (5), (6), (7), and
(8), respectively;

[[Page 1596]]

(iii) in paragraph (5), as redesignated, by
inserting ``Service acquisition portfolio
groups.--'' after ``(5)''; and
(iv) in paragraph (6), as redesignated, by
inserting ``Staff augmentation contracts.--''
after ``(6)''.
(31) Section 2334(a)(6)(B) is amended by adding a semicolon
at the end.
(32) Section 2335 is amended by striking ``(2 U.S.C. 431 et
seq.)'' in subsections (c)(1) and (d)(3) and inserting ``(52
U.S.C. 30101 et seq.)''.
(33) <>  The table of sections at
the beginning of chapter 139 is amended by inserting at period
at the end of the items relating to sections 2372 and 2372a.
(34) Section 2364(a)(6) is amended by striking ``conveys''
and inserting ``convey''.
(35) Section 2372 is amended by striking ``subsection
(c)(3)(A)'' and inserting ``subsection (c)(2)(A)''.
(36) Section 2411(1)(D) is amended by striking ``(Public Law
93-638; 25 U.S.C. 450b(l))'' and inserting ``(25 U.S.C.
5304(l))''.
(37) <>  The item relating to
section 2431b in the table of sections at the beginning of
chapter 144 is amended to read as follows:

``2431b. Risk management and mitigation in major defense acquisition
programs and major systems.''.

(38) Section 2430 is amended by striking ``subsection
(a)(2)'' in subsections (b) and (c) and inserting ``subsection
(a)(1)(B)''.
(39) Section 2431a(d) is amended by inserting ``(1)'' after
``Review.--''.
(40) Section 2446b(e) is amended--
(A) in the matter preceding paragraph (1), by
striking ``in writing that--'' and inserting ``in
writing--''; and
(B) in paragraph (1), by inserting ``, that'' after
``open system approach''.
(41) Section 2548(e) is amended--
(A) by striking ``Requirements'' and all that
follows through ``by the Secretary'' and inserting
``Requirement.--The annual report prepared by the
Secretary'';
(B) by striking ``system; and'' and inserting
``system.''; and
(C) by striking paragraph (2).
(42) <>  The table of sections at
the beginning of chapter 152 is amended by inserting a period at
the end of the item relating to section 2567.
(43) Section 2576a(b) is amended by striking ``and'' at the
end of paragraph (4).
(44) Section 2612(a) is amended by striking ``section
2166(f)(4)'' and inserting ``section 343(f)(4)''.
(45) Section 2662(f)(1)(D) is amended by striking ``section
334'' and inserting ``section 254''.
(46) Section 2667(e) is amended--
(A) in paragraph (1)(E), by striking ``military
museum described in section 489(a) of this title'' and
inserting ``military museum'';
(B) in paragraph (4), by striking ``before January
1, 2005, shall be deposited into the account'' and
inserting

[[Page 1597]]

``shall be deposited into the Department of Defense Base
Closure Account''; and
(C) by striking paragraph (5).
(47) Section 2667(k) is amended by striking ``section 9101''
and inserting ``section 8101''.
(48) Section 2925(b)(1) is amended by striking ``section
138c'' and inserting ``section 2926(b)''.
(49) Chapter 449 is amended--
(A) by striking the second section 4781; and
(B) <>  in the table of
sections, by striking the item relating to the second
section 4781.
(50) Section 7235(e)(2) is amended by striking ``24 months
after the date of the enactment of this section'' and inserting
``November 25, 2017,''.
(51) The item relating to section 9517 in the table of
sections at the beginning of chapter 931 <>  is amended by making the first letter of the third word
lower case.

(b) Amendments Related to Repeal of Pending Authority To Establish
Under Secretary of Defense for Business Management and Information.--
(1) <>  National defense
authorization act for fiscal year 2015.--Effective as of
December 23, 2016, section 901 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3462), as amended by
section 901(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2342), is
further amended--
(A) by striking subsection (j);
(B) in subsection (l)(1), by striking subparagraph
(A);
(C) in subsection (m), by striking paragraphs (1)
and (2); and
(D) in subsection (n), by striking paragraph (1).
(2) <>  National defense
authorization act for fiscal year 2016.--Effective as of
November 25, 2015, subsection (f) of section 883 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92), as added by section 1081(c)(5) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is
amended by striking paragraph (1).

(c) Technical Corrections Related to Uniform Code of Military
Justice Reform.--
(1) In general.--Chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), as amended by the
Military Justice Act of 2016 (division E of Public Law 114-328),
is further amended as follows:
(A) Section 801 (article 1) is amended, in the
matter preceding paragraph (1), by inserting ``(the
Uniform Code of Military Justice)'' after ``chapter''.
(B) Subsection (b) of section 806b (article 6b), as
amended by section 5105 of the Military Justice Act of
2016 (130 Stat. 2895) is amended by striking ``(the
Uniform Code of Military Justice)''.
(C) Subsections (b) and (c) of section 816 (article
16), as amended by section 5161 of the Military Justice
Act of 2016 (130 Stat. 2897) are amended by striking
``sections 825(d)(3) and 829 of this title (articles
25(d)(3) and 29)'' each place it appears and inserting
``sections 825(e)(3) and 829 of this title (articles
25(e)(3) and 29)''.

[[Page 1598]]

(D) Subsection (a)(4) of section 839 (article 39),
as added by section 5222(1) of the Military Justice Act
of 2016 (130 Stat. 2909), is amended by striking ``in
non-capital cases unless the accused requests sentencing
by members under section 825 of this title (article
25)'' and inserting ``under section 853(b)(1) of this
title (article 53(b)(1))''.
(E) Subsection (i) of section 843 (article 43), as
added by section 5225(c) of the Military Justice Act of
2016 (130 Stat. 2909), is amended by striking ``Dna
Evidence.--'' and inserting ``DNA Evidence.--''.
(F) Section 848(c)(1) (article 48(c)(1)), as amended
by section 5230 of the Military Justice Act of 2016 (130
Stat. 2913), is further amended by striking ``section
866(g) of this title (article 66(g))'' and inserting
``section 866(h) of this title (article 66(h))''.
(G) Section 853(b)(1)(B) (article 53(b)(1)(B)), as
amended by section 5236 of the Military Justice Act of
2016 (130 Stat. 2937), is further amended by striking
``in a trial''.
(H) Subsection (d) of section 853a (article 53a), as
added by section 5237 of the Military Justice Act of
2016 (130 Stat. 2917), is amended by striking ``military
judge'' the second place it appears and inserting
``court-martial''.
(I) Section 864(a) (article 64(a)), as amended by
section 5328(a) of the Military Justice Act of 2016 (130
Stat. 2929), is further amended by striking ``(a) (a) In
General.--'' and inserting ``(a) In General.--''.
(J) Subsection (b)(1) of section 865 (article 65),
as added by section 5329 of the Military Justice Act of
2016 (130 Stat. 2930), is amended by striking ``section
866(b)(2) of this title (article 66(b)(2))'' and
inserting ``section 866(b)(3) of this title (article
66(b)(3))''.
(K) Subsection (f)(3) of section 866 (article 66),
as added by section 5330 of the Military Justice Act of
2016 (130 Stat. 2932), is amended by inserting after
``Court'' the first place it appears the following: ``of
Criminal Appeals''.
(L) Section 869(c)(1)(A) (article 69(c)(1)(A)), as
amended by section 5333 of the Military Justice Act of
2016 (130 Stat. 2935), is further amended by inserting a
comma after ``in part''.
(M) Section 882(b) (article 82(b)), as amended by
section 5403 of the Military Justice Act of 2016 (130
Stat. 2939), is further amended by striking ``section
99'' and inserting ``section 899''.
(N) Section 919a(b) (article 119a(b)), as amended by
section 5401(13)(B) of the Military Justice Act of 2016
(130 Stat. 2939), is further amended--
(i) by striking ``928a, 926, and 928'' and
inserting ``926, 928, and 928a''; and
(ii) by striking ``128a 126, and 128'' and
inserting ``126, 128, and 128a''.
(O) Section 920(g)(2) (article 120(g)(2)), as
amended by section 5430(b) of the Military Justice Act
of 2016 (130 Stat. 2949), is further amended in the
first sentence by striking ``brest'' and inserting
``breast''.

[[Page 1599]]

(P) Section 928(b)(2) (article 128(b)(2)), as
amended by section 5441 of the Military Justice Act of
2016 (130 Stat. 2954), is further amended by striking
the comma after ``substantial bodily harm''.
(Q) Subsection (b)(2) of section 932 (article 132),
as added by section 5450 of the Military Justice Act of
2016 (130 Stat. 2957), is amended by striking ``section
1034(h)'' and inserting ``section 1034(j)''.
(R) Section 937 (article 137), as amended by section
5503 of the Military Justice Act of 2016 (130 Stat.
2960), is further amended by striking ``(the Uniform
Code of Military Justice)'' each place it appears as
follows:
(i) In subsection (a)(1), in the matter
preceding subparagraph (A).
(ii) In subsection (b), in the matter
preceding subparagraph (A).
(iii) In subsection (d), in the matter
preceding paragraph (1).
(2) Cross-references to stalking.--Title 10, United States
Code, is amended as follows:
(A) Section 673(a) is amended--
(i) by striking ``920a, or 920c'' and
inserting ``920c, or 930''; and
(ii) by striking ``120a, or 120c'' and
inserting ``120c, or 130''.
(B) Section 674(a) is amended--
(i) by striking ``920a, 920b, 920c, or 925''
and inserting ``920b, 920c, or 930''; and
(ii) by striking ``120a, 120b, 120c, or 125''
and inserting ``120b, 120c, or 130''.
(C) Section 1034(c)(2)(A) is amended by striking
``sections 920 through 920c of this title (articles 120
through 120c of the Uniform Code of Military Justice)''
and inserting ``section 920, 920b, 920c, or 930 of this
title (article 120, 120b, 120c, or 130 of the Uniform
Code of Military Justice)''.
(D) Section 1044e(g)(1) is amended--
(i) by striking ``920a, 920b, 920c, or 925''
and inserting ``920b, 920c, or 930''; and
(ii) by striking ``120a, 120b, 120c, or 125''
and inserting ``120b, 120c, or 130''.
(3) Cross-reference in title 5.--Section 8312(b)(2)(A) of
title 5, United States Code, is amended by striking ``article
106 (spies), or article 106a (espionage)'' and inserting
``article 103a (espionage), or article 106 (spies)''.
(4) <>  Effective date.--The
amendments made by this subsection shall take effect immediately
after the amendments made by the Military Justice Act of 2016
(division E of Public Law 114-328) take effect as provided for
in section 5542 of that Act (130 Stat. 2967).

(d) <>  National Defense Authorization Act
for Fiscal Year 2017.--Effective as of December 23, 2016, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended as follows:
(1) <>  Section 217(a)(2) (130
Stat. 2051) is amended by striking ``section 821b'' and
inserting ``section 821(b)''.

[[Page 1600]]

(2) <>  Section 233 (10 U.S.C. 2358
note; 130 Stat. 2061) is amended in subsections (a)(1) and
(b)(1), by striking ``secretaries'' and inserting
``Secretaries''.
(3) Section 728(b)(1) (130 Stat. 2234) <>  is amended by inserting ``(c)'' after ``Section
1073b''.
(4) <>  Section
805(a)(2) (130 Stat. 2255) is amended by striking ``The table of
chapters for title 10, United States Code, is'' and inserting
``The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of title 10, United
States Code, are''.
(5) The matter to be inserted by section 824(d)(1)(B) (130
Stat. 2279) <>  is amended--
(A) by striking ``(3)'' and inserting ``(4)''; and
(B) by striking ``(4)'' and inserting ``(5)''.
(6) Section 833(b)(2)(C) (130 Stat. 2284) is amended--
(A) in clause (ii), by striking ``Section 2330a(j)
of title 10, United States Code,'' and inserting
``Section 2330a(h) of title 10, United States Code, as
redesignated by section 812(d),''; and
(B) <>  in clause (iii), in
the matter proposed to be inserted, by striking
``section 2330a(j)'' and inserting ``section 2330a(h)''.
(7) Section 865(b)(2) (130 Stat. 2305) is amended by
striking ``section 2330a(g)(5)'' and inserting ``section
2330a(h)(4)''.
(8) <>  Section 893(c) (130 Stat.
2324) is amended by inserting ``paragraph (2) of'' after ``is
further amended in''.
(9) Section 902(b) (130 Stat. 2344) <>
is amended by striking ``Section 151(b)(5)'' and inserting
``Section 131(b)(5)''.
(10) Section 921(c) (130 Stat. 2351) <>
is amended by inserting after ``The text of'' the following:
``subsection (a) (after the subsection heading)''.
(11) <>  Section 1061(c)(23) (130
Stat. 2400) is amended by striking ``488(c)'' and inserting
``488''.
(12) <>  Section 1061(i) (130 Stat.
2404) is amended--
(A) in paragraph (23), by striking ``2010 (Public
Law 110-417)'' and inserting ``2009 (Public Law 110-417;
10 U.S.C. prec. 701 note)''; and
(B) in paragraph (24), by striking ``2010'' and
inserting ``2009''.
(13) Section 1064(b) (130 Stat. 2409) is amended by striking
``Public Law 113-239'' and inserting ``Public Law 112-239''.
(14) <>  Section 1253(b) (130 Stat.
2532) is amended by striking ``this subchapter'' both places it
appears and inserting ``this subtitle''.
(15) <>  Section 2811(c)
(130 Stat. 2716) is amended by striking ``, and the provisions
of law amended by subsections (a) and (b) of that section shall
be restored as if such section had not been enacted into law''.
(16) Section 2829E(a) (130 Stat. 2733) <>  is amended by striking paragraph (3).
(17) <>  Section 5225(f) (130 Stat.
2910) is amended by striking ``this subsection'' and inserting
``this section''.
(18) The table of sections to be inserted by section 5452
(130 Stat. 2958) <>  is amended--
(A) by striking ``Art.'' each place it appears,
except the first place it appears;

[[Page 1601]]

(B) in the item relating to section 887a, by
striking ``Resistence'' and inserting ``Resistance'';
(C) in the item relating to section 908, by striking
``of the United States-Loss'' and inserting ``of United
States-Loss,'';
(D) in the item relating to section 909, by striking
``of the'' and inserting ``of''; and
(E) in the item relating to section 909a, by
striking the second period at the end.
(19) The matters to be inserted by section 5541 (130 Stat.
2965) is amended--
*(A) by striking ``Art.'' each place it appears;
(B) by striking ``825.'' <>  and inserting ``825a.''; and
(C) by striking ``830.'' <>  and inserting ``830a.''.

(e) <>  National Defense Authorization Act
for Fiscal Year 2016.--Effective as of November 25, 2015, and as if
included therein as enacted, section 574 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
831) <>  is amended by striking ``1785 note''
both places it appears and inserting ``1788 note''.

(f) <>  National Defense Authorization Act
for Fiscal Year 2015.--Effective as of December 19, 2014, and as if
included therein as enacted, section 1044(a)(2)(A) of the National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; <>  128 Stat. 3493) is amended by striking
``October 28'' and inserting ``September 30''.

(g) <>  National Defense Authorization Act
for Fiscal Year 2011.--Effective as of January 7, 2011, and as if
included therein as enacted, section 896(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-398; 124
Stat. 4315) is amended--
(1) <>  in paragraph (1), by striking
``Chapter'' and inserting ``Subchapter II of chapter''; and
(2) <>  in paragraph (2), by
striking ``chapter'' and inserting ``subchapter''.

(h) National Defense Authorization Act for Fiscal Year 2009.--
Section 943(d)(1) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417), as amended by section
1205(c)(2) of Public Law 112-81 (125 Stat. 1623), is further amended by
striking the second period at the end of the first sentence.
(i) National Defense Authorization Act for Fiscal Year 2004.--
Section 1022(e) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 271 note) is amended by
striking ``section 1004(j)'' and all that follows through the end of the
subsection and inserting ``section 284(i) of title 10, United States
Code''.
(j) <>  Coordination With Other Amendments
Made by This Act.--For purposes of applying amendments made by
provisions of this Act other than this section, the amendments made by
this section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.

__________

* Note: Citations in Sec. 1801(d)(19)(A) for title 10, United States
Code: 10 USC prec. 807, prec. 822, prec. 830, prec. 838, prec. 855,
prec. 859, prec. 935, prec. 941.

---------------------------------------------------------------------------

[[Page 1602]]

SEC. 1082. CLARIFICATION OF APPLICABILITY OF CERTAIN PROVISIONS OF
LAW TO CIVILIAN JUDGES OF THE UNITED
STATES COURT OF MILITARY COMMISSION
REVIEW.

Section 950f(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) For purposes of sections 203, 205, 207, 208, and 209 of
title 18, the term `special Government employee' shall include a judge
of the Court appointed under paragraph (3).
``(B) A person appointed as a judge of the Court under paragraph (3)
shall be considered to be an officer or employee of the United States
with respect to such person's status as a judge, but only during periods
in which such person is performing the duties of such a judge. Any
provision of law that prohibits or limits the political or business
activities of an employee of the United States shall only apply to such
a judge during such periods.''.
SEC. 1083. MODIFICATION OF REQUIREMENT RELATING TO CONVERSION OF
CERTAIN MILITARY TECHNICIAN (DUAL
STATUS) POSITIONS TO CIVILIAN POSITIONS.

(a) Revised Reduction.--Section 1053(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
10216 note), as amended by section 1084(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2421), is further amended by striking ``20 percent'' and inserting
``12.6 percent''.
(b) Technical Correction.--Section 1084(a)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2421), <>  is amended by striking
``paragraph (2)'' and inserting ``paragraph (2)(A)''.
SEC. 1084. NATIONAL GUARD ACCESSIBILITY TO DEPARTMENT OF DEFENSE
ISSUED UNMANNED AIRCRAFT.

(a) Review Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chief of the National Guard Bureau, the Commander of United States
Northern Command, and the Commander of United States Pacific Command,
shall conduct an efficiency and effectiveness review of the governance
structure, coordination processes, documentation, and timing and
deadline requirements stipulated in Department of Defense Policy
Memorandum 15-002, entitled ``Guidance for the Domestic Use of Unmanned
Aircraft Systems'' and dated February 17, 2015. In conducting the
review, the Secretary shall take into account information and data
points provided by State governors and State adjutant generals in
assessing the efficiency and effectiveness of accessing Department of
Defense issued unmanned aircraft systems for State and National Guard
operations.
(b) Submittal to Congress.--Not later than 30 days after the
completion of the review required by subsection (a), the Secretary shall
submit the review to the Committees on Armed Services of the Senate and
House of Representatives.
SEC. 1085. SENSE OF CONGRESS REGARDING AIRCRAFT CARRIERS.

(a) Findings.--Congress makes the following findings:
(1) Naval aviation was born in the United States when Eugene
Ely launched from the deck of a United States Navy ship on
November 14, 1910, in a Curtiss Model D.

[[Page 1603]]

(2) In 1915, Cpt. Henry C. Mustin made the first catapult
launch aboard a ship underway in a Curtiss Model AB-2, beginning
a century of technological advancements that have led to today's
Electromagnetic Aircraft Launch System.
(3) In 1924, Lt. Dixie Kiefer made the first night catapult
launch in a Vought UO-1 in San Diego harbor.
(4) The first nuclear-powered aircraft carrier, USS
Enterprise (CVN 65), was commissioned in 1961, ushering in a new
era of the world's most dominant and capable warships.
(5) In 2013, aircraft carrier USS George Washington (CVN 73)
provided humanitarian assistance, medical supplies, food, and
water to the victims in the Republic of the Philippines of Super
Typhoon Haiyan, once again demonstrating the versatility of
aircraft carriers for combat, diplomatic, and humanitarian
operations.
(6) In 2017, the first of the next generation of aircraft
carriers, USS Gerald R. Ford (CVN 78), was commissioned, marking
a continuation of the innovative naval aviation spirit,
technological advancement, and war fighting capabilities of
aircraft carriers.
(7) For over 70 years, aircraft carriers have been employed
in every major and many smaller conflicts, including World War
II, Korea, Vietnam, Grenada, Lebanon, Libya, Operation Desert
Storm, Afghanistan, Iraq, and the fight against terrorism.
(8) The United States Navy's aircraft carriers are a
cornerstone of the Nation's ability to project its power and
strength.
(9) When aircraft carriers sail the globe they are a
statement of national purpose and a symbol of the Nation's
industrial strength, competitive edge, and economic prosperity.
(10) Aircraft carriers are 4.5 acres of sovereign United
States territory enabling the Nation to reduce its dependency on
other nations while it pursues its national security interests.
(11) Aircraft carriers enable the United States Armed Forces
to carry out operations from international waters, often
obviating the need to obtain fly-over rights and land-base
rights from other nations.
(12) Aircraft carriers are modern, mobile United States
military bases complete with airfield, hospital, and
communications systems from which the United States can strike
at its enemies.
(13) Over 90 percent of world trade is moved by sea,
including much of the world's gas and oil supply, and aircraft
carriers patrol vital regions of the world to keep shipping
lanes open and protect the interests of the United States and
its allies.
(14) There are more than 2,450 companies in 48 States and
over 364 congressional districts, and more than 13,100
shipbuilders, who proudly contribute to the construction and
maintenance of these complex and technologically advanced ships.
(15) Thousands of members of the United States Armed Forces
have served the Nation aboard aircraft carriers in war, peace,
and times of crisis.

(b) Sense of Congress.--It is the sense of Congress that--
(1) United States aircraft carriers are premier sea-based
power projection platforms and have served the Nation's

[[Page 1604]]

interests in times of war and peace, adapting to the immediate
and ever-changing nature of the world for over 90 years; and
(2) aircraft carrier contributions and heritage should be
celebrated.
SEC. 1086. SENSE OF CONGRESS RECOGNIZING THE UNITED STATES NAVY
SEABEES.

(a) Findings.--Congress makes the following findings:
(1) On March 5, 1942, Navy Construction Force personnel,
known as the ``Seabees'', were officially established by the
Navy Department.
(2) The purpose of the Navy Seabees is to build, maintain,
and support base infrastructure in remote locations for the Navy
and Marine Corps, while simultaneously being capable of engaging
in combat operations.
(3) The Navy Seabees dual-role is exemplified by the Seabee
motto Construimus, Batuimus: We Build, We Fight.
(4) Throughout their history, the Navy Seabees have answered
the call of duty to protect the United States and its democratic
values both in times of war and peace.
(5) The Navy Seabees support United States national security
at Navy fleet and combatant commands worldwide, through the
construction, both on land and underwater, of bases, airfields,
roads, bridges, and other infrastructure.
(6) The Navy Seabees and their families have demonstrated
unmatched courage and dedication to sacrifice for the United
States, from service in World War II, Korea, and Vietnam to the
recent conflicts in Afghanistan, Iraq, and elsewhere.
(7) The Navy Seabees exhibit honor, personal courage, and
commitment as they sacrifice their personal comfort to keep the
United States safe from threats.
(8) The Navy Seabees continue to display strength,
professionalism, and bravery in the all-volunteer force.

(b) Sense of Congress.--Congress recognizes the United States Navy
Seabees and the Navy personnel who comprise the construction force for
the Navy and the Marine Corps as critical elements in deterring
conflict, overcoming aggression, and rebuilding democratic institutions.
SEC. 1087. <>  CONSTRUCTION OF MEMORIAL
TO THE CREW OF THE APOLLO I LAUNCH TEST
ACCIDENT AT ARLINGTON NATIONAL CEMETERY.

Subject to applicable requirements of section 2409(b)(2)(E) of title
38, United States Code, the Secretary of the Army, in consultation with
the Administrator of the National Aeronautics and Space Administration,
the Commission of Fine Arts, and the Advisory Committee on Arlington
National Cemetery, shall authorize the construction, at an appropriate
place in Arlington National Cemetery, Virginia, of a memorial marker
honoring the three members of the crew of the Apollo I who died during a
launch rehearsal test on January 27, 1967, in Cape Canaveral, Florida.
The memorial may not be constructed in a location that is otherwise
suitable as an interment site.
SEC. 1088. <>  DEPARTMENT OF DEFENSE
ENGAGEMENT WITH COVERED NON-FEDERAL
ENTITIES.

(a) Review of Current Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense

[[Page 1605]]

and the Secretary of State shall jointly conduct a review of the
guidance of the Department of Defense applicable to Department of
Defense engagements with covered non-Federal entities.
(b) Additional Guidance.--If the Secretary of Defense and the
Secretary of State determine pursuant to the review under subsection (a)
that additional guidance is required in connection with Department of
Defense engagements with covered non-Federal entities, the Secretary of
Defense, with the concurrence of the Secretary of State, shall, by not
later than 180 days after the date of the enactment of this Act, issue
such additional guidance as the Secretaries consider appropriate in
light of the review. Any such additional guidance shall be consistent
with--
(1) applicable law, as in effect on the date of the
enactment of this Act;
(2) Department of Defense guidance with respect to
solicitation and preferential treatment, as in effect on the
date of the enactment of this Act, including such guidance
specified in the Department of Defense Joint Ethics Regulations;
and
(3) the principle that the Department of State and the
United States Agency for International Development are the
principal United States agencies with primary responsibility for
providing and coordinating humanitarian and economic assistance.

(c) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly provide to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a briefing on the findings of the review
required under subsection (a).
(d) Covered Non-Federal Entity Defined.--In this section, the term
``covered non-Federal entity'' means an organization that--
(1) is based in the United States;
(2) has an independent board of directors and is subject to
independent financial audits;
(3) is substantially privately-funded;
(4) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of such Code;
(5) provides international assistance; and
(6) has a stated mission of supporting United States
military missions abroad.
SEC. 1089. <>  PRIZE COMPETITION TO
IDENTIFY ROOT CAUSE OF PHYSIOLOGICAL
EPISODES ON NAVY, MARINE CORPS, AND AIR
FORCE TRAINING AND OPERATIONAL AIRCRAFT.

(a) In General.--Under the authority of section 2374a of title 10,
United States Code, and section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Defense, in
consultation with the Secretary of the Navy, the Secretary of the Air
Force, the Commandant of the Marine Corps, and the heads of any other
appropriate Federal agencies that have experience in prize competitions,
and when appropriate, in coordination with private organizations, may
establish a prize competition designed to accelerate identification of
the root cause or causes of, or find solutions to, physiological
episodes experienced in Navy, Marine Corps, and Air Force training and
operational aircraft.

[[Page 1606]]

(b) Evaluation of Personnel.--The Secretary of Defense, or the
Secretary's designee, shall select the person or persons to conduct the
competition authorized in subsection (a) and evaluate any submissions.
(c) Limitation.--The Secretary of Defense may not exercise the
authority under subsection (a) before the date that is 15 days after the
date on which the Secretary of Defense submits to congressional defense
committees certification in writing that the use of the authority will
not compromise classified information, proprietary information, or
intellectual property.
SEC. 1090. <>  PROVIDING ASSISTANCE TO HOUSE OF
REPRESENTATIVES IN RESPONSE TO
CYBERSECURITY EVENTS.

(a) Provision of Assistance.--If the Speaker of the House of
Representatives (or the Speaker's designee), with the concurrence of the
Minority Leader of the House of Representatives (or the Minority
Leader's designee), determines that a cybersecurity event has occurred
and that containing, mitigating, or resolving the event exceeds the
resources of the House of Representatives, then notwithstanding any
other provision of law or any rule, regulation, or executive order--
(1) the Speaker may request assistance in responding to the
event from the head of any Executive department, military
department, or independent establishment;
(2) not later than 24 hours after receiving the request, the
head of the department or establishment shall begin to provide
appropriate assistance in response to the incident, including
(if necessary) restoring the information systems of the House to
an operational state which allows for the continuation of the
legislative process and for Members, officers, and employees of
the House to continue to meet their official and
representational duties; and
(3) such assistance shall be provided without reimbursement
by the House of Representatives.

(b) Scope of Assistance.--
(1) In general.--The assistance provided to the Speaker by
the head of a department or establishment under this section may
consist only of a type that the head of the department or
establishment is authorized under law to provide to the
department or establishment, another Executive department,
military department, or independent establishment, or a private
entity.
(2) Connections between department or establishment and
house information systems.--In providing assistance under this
section--
(A) personnel of a department or establishment may
not log onto the information systems of the House
without the authorization of the Speaker (or the
Speaker's designee); and
(B) personnel of a department or establishment may
provide the House with access to technological support
services of the department or establishment, including
by authorizing personnel or systems of the House to
connect with and operate services or programs of the
department or establishment with guidance from subject
matter experts of the department or establishment.

(c) Termination of Assistance.--

[[Page 1607]]

(1) Termination upon notice from speaker.--After initiating
assistance under this section, the head of the department or
establishment shall continue providing assistance until the
Speaker (or Speaker's designee) notifies the head of the
department or establishment that the cybersecurity incident has
terminated and that it is no longer necessary for the department
or establishment to provide post-incident assistance.
(2) Removal of technological support services.--Upon
receiving notice from the Speaker under paragraph (1), the head
of the department or establishment shall ensure that any
technological support services or programs of the department or
establishment are removed from the information systems of the
House, and that personnel of the department or establishment are
no longer monitoring such systems.

(d) Compliance With Existing Standards.--In providing assistance
under this section, the head of the Executive department, military
department, or independent establishment shall meet the requirements of
section 113 of the Legislative Branch Appropriations Act, 2017 (Public
Law 115-31).
(e) No Effect on Other Authority to Provide Support.--Nothing in
this section may be construed to affect the authority of an Executive
department, military department, or independent establishment to provide
any support, including cybersecurity support, to the House of
Representatives under any other law, rule, or regulation.
(f) Definitions.--In this section, each of the terms ``Executive
department'', ``military department'', and ``independent establishment''
has the meaning given such term in chapter 1 of title 5, United States
Code.
SEC. 1091. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR THE
PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY.

(a) Transfer Requirement.--
(1) In general.--During fiscal years 2018 and 2019, the
Secretary of the Army shall transfer surplus caliber .45 M1911/
M1911A1 pistols described in paragraph (2) to the Corporation
for the Promotion of Rifle Practice and Firearms Safety in
accordance with this section.
(2) Pistols described.--The pistols described in this
paragraph are surplus caliber .45 M1911/M1911A1 pistols and
spare parts and related accessories for those pistols that, on
the date of the enactment of this section, are under the control
of the Secretary and are surplus to the requirements of the
Department of the Army.
(3) Number to be transferred.--
(A) Total number.--For any fiscal year, a total of
not more than 10,000 surplus caliber .45 M1911/M1911A1
pistols may be transferred to the Corporation under this
section and section 40728 of title 36, United States
Code.
(B) Fiscal year 2018.--For fiscal year 2018, not
less than 8,000 surplus caliber .45 M1911/M1911A1
pistols shall be transferred to the Corporation pursuant
to this section.
(4) Terms of transfers.--Subsections (b), (c), (d), (e), and
(g) of section 40728 of title 36, United States Code, shall
apply to a transfer under this section in the same manner such

[[Page 1608]]

subsections apply to transfers of firearms under such section
40728.
(5) Other requirements.--Except as provided in subsection
(b)(1), subchapter II of chapter 407 of title 36, United States
Code, shall apply with respect to firearms transferred under
this section.

(b) Suspension of Discretionary Transfer Authority.--
(1) In general.--During the period described in paragraph
(2), the Secretary of the Army may only transfer surplus caliber
.45 M1911/M1911A1 pistols to the Corporation under the authority
of this section and may not transfer such pistols to such
Corporation under section 40728 of title 36, United States Code.
(2) Period described.--The period described in this
paragraph is the period beginning on the date of the enactment
of this Act and ending on the earlier of the following dates:
(A) The date that is 60 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020.
(B) June 1, 2020.

(c) Conforming Repeal of Pilot Program for Transfer of Pistols.--
Section 1087 of the National Defense Authorization Act for Fiscal Year
2016 <>  (Public Law 114-92; 129 Stat. 1012)
is amended by striking subsections (b) and (c).

(d) Reports on Transfers.--
(1) In general.--For each fiscal year during which the
Secretary transfers surplus caliber .45 M1911/M1911A1 pistols
under subsection (a), the Secretary shall submit to Congress a
report detailing the transfer and sale of such pistols during
such fiscal year. A report under this paragraph for a fiscal
year shall be submitted not later than 5 days after the budget
of the President for the subsequent fiscal year is submitted to
Congress under section 1105 of title 31, United States Code.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include, for the fiscal year covered by the
report--
(A) the number of surplus caliber .45 M1911/M1911A1
pistols transferred to the Corporation under subsection
(a);
(B) the number of such pistols sold by the
Corporation; and
(C) to the extent feasible based on the information
available to the Secretary, information on any crimes
committed using any such pistols transferred to or sold
by the Corporation.

(e) Evaluation of Corporation.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Army shall enter
into an agreement with a Federally funded research and
development center with relevant expertise to conduct an
evaluation of the Corporation for the Promotion for Rifle
Practice and Firearms Safety for the purpose of assessing future
transfers of excess firearms to the Corporation.
(2) Elements.--The evaluation required under paragraph (1)
shall include the following elements:
(A) An assessment of the effectiveness of the
Civilian Marksmanship Program, including an examination
of the functions and activities of the Program, as
described in

[[Page 1609]]

section 40722 of title 36, United States Code, that
support the mission of the Program.
(B) A comparison the Civilian Marksmanship Program
to similar organizations that offer instruction in
marksmanship, firearm practice and safety, and
opportunities for marksmanship competitions.
(C) An evaluation of benefits the Army receives from
the Civilian Marksmanship Program relative to the
resources the Army provides to the Program.
(D) An assessment of present and prospective funding
models to support a transition to self-sustainment,
including opportunities for non-Federal resources.
(E) An assessment of the costs and profits
associated with the transfer of excess firearms from the
Army to the Civilian Marksmanship Program (including the
costs associated with the storage, inspection, and,
refurbishment of such firearms), which shall be
determined with respect to surplus caliber .45 M1911/
M1911A pistols using data from a minimum of 8,000 sales
transactions.
(F) Any other matters the Secretary determines
appropriate.
(3) Report to congress.--The Secretary shall submit to the
congressional defense committees a report on the results of the
evaluation by not later than January 1, 2019, and shall provide
interim briefings upon request.

(f) Comptroller General Reviews.--
(1) Concurrent review of corportion.--
(A) In general.--At the same time as the Federally
funded research and development center conducts the
evaluation under subsection (d), the Comptroller General
shall conduct a review of the Corporation for the
Promotion for Rifle Practice and Firearms Safety.
(B) Elements.--The review required under paragraph
(1) shall include the following elements:
(i) A review of whether the procedures
relating to sales of surplus caliber .45 M1911/
M1911A pistols covered by the evaluation were
conducted in accordance with applicable Federal
laws.
(ii) A review of the business operations of
the Civilian Marksmanship Program in comparison to
the business operations of other Federally
chartered organizations.
(iii) An evaluation of any authorities or
agreements governing the relationship between the
Army and the Program.
(iv) An assessment of the financial operations
of the Civilian Marksmanship Program, including
how the Program's endowment is funded by the
proceeds from sales of excess weapons transferred
to the Program from the Army.
(v) An assessment of the costs and profits
associated with the transfer of excess firearms
from the Army to the Civilian Marksmanship
Program, which shall be determined with respect to
surplus caliber .45 M1911/M1911A1 pistols using
data from a minimum of 8,000 sales transactions.

[[Page 1610]]

(vi) Any other matters the Comptroller General
determines are relevant.
(C) Report to congress.--The Comptroller General
shall submit to the congressional defense committees a
report on the review required by subparagraph (A) by not
later than January 1, 2019.
(2) Review of ffrdc report.--
(A) In general.--The Comptroller General shall
conduct a review of the report submitted under
subsection (d)(3).
(B) Briefing.--Not later than 60 days after the
Secretary of the Army submits the report required under
subsection (d)(3), the Comptroller General shall provide
to the congressional defense committees a briefing on
the preliminary results of the review required by
paragraph (1).
(C) Report.--Not later than 120 days after the
Secretary submits such report, the Comptroller General
shall submit to the congressional defense committees a
report containing the findings and recommendations of
the Comptroller General pursuant to the review required
by paragraph (1).
SEC. 1092. <>  COLLABORATION BETWEEN
FEDERAL AVIATION ADMINISTRATION AND
DEPARTMENT OF DEFENSE ON UNMANNED
AIRCRAFT SYSTEMS.

(a) Collaboration.--
(1) In general.--The Administrator of the Federal Aviation
Administration and the Secretary of Defense may collaborate on
sense-and-avoid capabilities for unmanned aircraft systems.
(2) Elements.--The collaboration described in paragraph (1)
may include, as appropriate, the following:
(A) Sharing information on safely integrating
unmanned aircraft systems and manned aircraft in the
national airspace system.
(B) The development of civil standards, policies,
and procedures for the Federal Aviation Administration
for integrating unmanned aircraft systems in the
national airspace system by leveraging the historical
and current testing, training, and operational
experiences of the Department of Defense, particularly
the Air Force, of unmanned flight operations
(C) Informing stakeholders about--
(i) the development of airborne and ground-
based sense-and-avoid capabilities for unmanned
aircraft systems; and
(ii) research and development on unmanned
aircraft systems, especially with respect to
matters involving human factors, information
assurance, and security.

(b) Participation by FAA in DOD Activities.--
(1) In general.--The Administrator of the Federal Aviation
Administration may participate, and provide assistance to the
Secretary of Defense for activities during the test and
evaluation efforts of the Department of Defense, including the

[[Page 1611]]

Air Force, relating to airborne and ground-based sense-and-avoid
capabilities for unmanned aircraft systems.
(2) Participation through test sites.--Participation under
paragraph (1) may include provision of assistance through
Department of Defense unmanned aircraft systems test sites or a
Federal Aviation Administration test range.

(c) Definitions.--In this section, the terms ``unmanned aircraft
system'' and ``test range'' have the meaning given such terms in section
331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95;
49 U.S.C. 40101 note).
(d) Restoration of Rules for Registration and Marking of Unmanned
Aircraft.--The rules adopted by the Administrator of the Federal
Aviation Administration in the matter of registration and marking
requirements for small unmanned aircraft (FAA-2015-7396; published on
December 16, 2015) that were vacated by the United States Court of
Appeals for the District of Columbia Circuit in Taylor v. Huerta (No.
15-1495; decided on May 19, 2017) shall be restored to effect on the
date of enactment of this Act.
SEC. 1093. <>  CARRIAGE OF CERTAIN
PROGRAMMING.

(a) Definitions.--In this section--
(1) the term ``local commercial television station'' has the
meaning given the term in section 614(h) of the Communications
Act of 1934 (47 U.S.C. 534(h));
(2) the term ``multichannel video programming distributor''
has the meaning given the term in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
(3) the term ``qualified noncommercial educational
television station'' has the meaning given the term in section
615(l) of the Communications Act of 1934 (47 U.S.C. 535(l));
(4) the term ``retransmission consent'' means the authority
granted to a multichannel video programming distributor under
section 325(b) of the Communications Act of 1934 (47 U.S.C.
325(b)) to retransmit the signal of a television broadcast
station; and
(5) the term ``television broadcast station'' has the
meaning given the term in section 76.66(a) of title 47, Code of
Federal Regulations.

(b) Carriage of Certain Content.--Notwithstanding any other
provision of law, a multichannel video programming distributor may not
be directly or indirectly required, including as a condition of
obtaining retransmission consent, to--
(1) carry non-incidental video content from a local
commercial television station, qualified noncommercial
educational television station, or television broadcast station
to the extent that such content is owned, controlled, or
financed (in whole or in part) by the Government of the Russian
Federation; or
(2) lease, or otherwise make available, channel capacity to
any person for the provision of video programming that is owned,
controlled, or financed (in whole or in part) by the Government
of the Russian Federation.

(c) Rule of Construction.--Nothing in this section may be construed
as applying to the editorial use by a local commercial television
station, qualified noncommercial educational television station, or
television broadcast station of programming that is

[[Page 1612]]

owned, controlled, or financed (in whole or in part) by the Government
of the Russian Federation.
SEC. 1094. NATIONAL STRATEGY FOR COUNTERING VIOLENT EXTREMISM.

(a) Strategy Required.--
(1) In general.--Not later than June 1, 2018, the President
shall submit to the appropriate committees of Congress a report
on a comprehensive, interagency national strategy for countering
violent extremism.
(2) Elements.--The comprehensive, interagency national
strategy required by paragraph (1) shall include the following
elements:
(A) Identification of the interagency tools for
combating and countering violent extremism, including--
(i) countering violent extremist messaging and
ideological support;
(ii) combating violent extremist financing,
intelligence gathering, and cooperation;
(iii) law enforcement activities, sanctions,
counterterrorism, and counterintelligence
activities;
(iv) support to civil-society groups,
commercial entities, allies, and counter
radicalization activities; and
(v) support by the Armed Forces of the United
States to combat violent extremism.
(B) Use of, coordination with, or liaison to
international partners, non-governmental organizations,
or commercial entities that support United States policy
goals in countering violent extremist ideologies and
organizations.
(C) Synchronization processes for the use of
interagency tools to combat violent extremism, including
the roles and responsibilities of the Global Engagement
Center, as well as the National Security Council in
coordinating the interagency tools.
(D) Recommendations for improving coordination
between Federal Government agencies, as well as with
State, local, international, and non-governmental
entities.
(E) Other matters as the President considers
appropriate.

(b) Assessment.--Not later than one year after the date of the
submission of the strategy required by subsection (a), the President
shall submit to the appropriate committees of Congress an assessment of
the strategy, including--
(1) the status of implementation of the strategy;
(2) progress toward the achievement of benchmarks or
implementation of any recommendations; and
(3) any changes to the strategy since such submission.

(c) Form.--The report and assessment required by this section shall
each be submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committees on Foreign Relations, Armed Services,
Appropriations, Homeland Security and Governmental Affairs, and
the Judiciary and the Select Committee on Intelligence of the
Senate; and

[[Page 1613]]

(2) the Committees on Foreign Affairs, Armed Services,
Appropriations, Homeland Security, and the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1095. SENSE OF CONGRESS REGARDING WORLD WAR I.

(a) Findings.--Congress makes the following findings:
(1) The United States declared war against Germany on April
6, 1917, to redress wrongs, including Germany's resumption of
unrestricted submarine warfare, violation of United States
neutrality, meddling in Mexican affairs, and denial of freedom
of the seas to nonbelligerent nations.
(2) The United States associated itself with the allied
powers of the United Kingdom and its Commonwealth, France and
its colonies, Russia, Italy, and Japan to defeat the German
Empire.
(3) The United States Army, consisting of the Regular Army,
National Guard, and Reserve Corps, with the addition of
volunteers and the draftees of the National Army, underwent a
transformation from a frontier constabulary and coastal defense
force to a modern land warfare force.
(4) Early 20th century military and technological advances
resulted in the incorporation of motor transport, aviation,
anti-aircraft artillery, tanks, chemical weapons, submarines and
anti-submarine warfare, underwater mines, and other innovations
into the military arsenal of the United States.
(5) The need to quickly build a military strength of four
million soldiers and half a million sailors required the
mobilization of the human resources of the United States, during
which members of diverse ethnic groups, races, and creeds, both
native-born and immigrant, forged a new American identity.
(6) The United States Army maintained its defense of
American seacoasts, southern border, and overseas possessions,
while the Army American Expeditionary Forces arrived in Europe
in June 1917 and deployed for combat operations in October.
(7) By the end of World War I, almost 2,000,000 members of
the Army served overseas in the American Expeditionary Forces.
(8) During World War I, the United States Navy increased in
strength from approximately 67,000 sailors and marines to
approximately 500,000 sailors and marines by the war's end, and
the size of the Navy increased from around 200 ships at the
outbreak of war in Europe in 1914, to 342 vessels by the time
the United States entered the war, and 774 vessels by the day of
the Armistice
(9) The Navy operated in the Atlantic and Pacific Oceans,
and the North and Mediterranean Seas in cooperation with allied
navies.
(10) The Navy began the fight against the German U-boat
menace by first dispatching 34 destroyers stationed specifically
for such purpose, which by war's end grew to 110 total
destroyers
(11) Navy vessels escorted troop transports carrying
1,250,000 passengers and escorted supply transports carrying 27
percent of all cargo shipped to Europe.

[[Page 1614]]

(12) The Navy deployed five batteries of large-caliber
battleship guns mounted on railroad trains to France for service
as long-range artillery for the Army.
(13) The United States Coast Guard transferred to the
operational control of the Navy and augmented that service with
officers and sailors, vessels of all types, and shore stations.
(14) The United States Marine Corps, with an eventual
wartime strength of 53,000 officers and men, detached the 5th
and 6th regiments and a machine gun battalion to constitute an
infantry brigade integrated into the Army's 2d Division for
service in France.
(15) On July 4, 1917, Colonel Charles E. Stanton, one of the
officers on the staff of General John Pershing, commander of the
American Expeditionary Forces in Europe, famously announced the
commitment of the United States to the fight when Colonel
Stanton proclaimed upon his arrival in France, ``Lafayette, we
are here!''.
(16) Whereas the American Expeditionary Forces formed three
field armies, nine corps and 43 divisions, plus various units of
the Services of Supply.
(17) The American Expeditionary Forces suffered 255,000
casualties and over 50,000 non-battle casualties while
participating in 13 named campaigns in World War I.
(18) Participation in World War I resulted in the completion
of a period of reform and professionalism that transformed the
Armed Forces from a small dispersed organization to a modern
industrialized fighting force capable of global reach and
influence.

(b) Sense of Congress.--Congress--
(1) honors the memory of the fallen heroes who wore the
uniform of the United States Armed Forces during World War I;
(2) commends the Unites States Armed Forces for preserving
and protecting the interests of the United States during World
War I;
(3) commends the brave members of the United States Armed
Forces for their courage while preserving the founding
principles of the United States at home and abroad during World
War I;
(4) commends the brave members of the United States Armed
Forces for preserving and protecting the sea lanes of commerce
and communications during World War I that ensured the continued
prosperity of the United States;
(5) celebrates and congratulates the United States Army,
Navy, Marine Corps, Air Force, and Coast Guard during the
commemoration of the centennial of World War I for a job well
done; and
(6) calls on all people of the United States to join in the
commemoration of the centennial of World War I in events
throughout the United States and overseas.
SEC. 1096. <>  NOTICE TO CONGRESS OF TERMS
OF DEPARTMENT OF DEFENSE SETTLEMENT
AGREEMENTS.

(a) Request of Settlement Agreements.--At the request of the
Chairman, in coordination with the Ranking Member, of the Committee on
Armed Services of the Senate or the House of Representatives or the
Chairman, in coordination with the

[[Page 1615]]

Ranking Member, of the Committee on Appropriations of the Senate or the
House of Representatives, the Secretary of Defense shall make available
(in an appropriate manner with respect to classified or other protected
information) to the Chairman and Ranking Member of the requesting
committee a settlement agreement (including a consent decree) in any
civil action in a court of competent jurisdiction involving the
Department of Defense, a military department, or a Defense Agency.
(b) Provision of Settlement Agreements.--The Secretary shall take
all necessary steps to ensure the settlement agreement is provided to
the Chairman and Ranking Member of the requesting committee, including
by making any necessary requests to a court with competent jurisdiction
over the settlement.
SEC. 1097. OFFICE OF SPECIAL COUNSEL REAUTHORIZATION.

(a) Adequate Access of Special Counsel to Information.--Section
1212(b) of title 5, United States Code, is amended by adding at the end
the following:
``(5)(A) Except as provided in subparagraph (B), the Special
Counsel, in carrying out this subchapter, is authorized to--
``(i) have timely access to all records, data, reports,
audits, reviews, documents, papers, recommendations, or other
material available to the applicable agency that relate to an
investigation, review, or inquiry conducted under--
``(I) section 1213, 1214, 1215, or 1216 of this
title; or
``(II) section 4324(a) of title 38;
``(ii) request from any agency the information or assistance
that may be necessary for the Special Counsel to carry out the
duties and responsibilities of the Special Counsel under this
subchapter; and
``(iii) require, during an investigation, review, or inquiry
of an agency, the agency to provide to the Special Counsel any
record or other information that relates to an investigation,
review, or inquiry conducted under--
``(I) section 1213, 1214, 1215, or 1216 of this
title; or
``(II) section 4324(a) of title 38.

``(B)(i) The authorization of the Special Counsel under subparagraph
(A) shall not apply with respect to any entity that is an element of the
intelligence community, as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003), unless the Special Counsel is
investigating, or otherwise carrying out activities relating to the
enforcement of, an action under subchapter III of chapter 73.
``(ii) An Inspector General may withhold from the Special Counsel
material described in subparagraph (A) if the Inspector General
determines that the material contains information derived from, or
pertaining to, intelligence activities.
``(iii) The Attorney General or an Inspector General may withhold
from the Special Counsel material described in subparagraph (A) if--
``(I)(aa) disclosing the material could reasonably be
expected to interfere with a criminal investigation or
prosecution that is ongoing as of the date on which the Special
Counsel submits a request for the material; or
``(bb) the material--

[[Page 1616]]

``(AA) may not be disclosed pursuant to a court
order; or
``(BB) has been filed under seal under section 3730
of title 31; and
``(II) the Attorney General or the Inspector General, as
applicable, submits to the Special Counsel a written report that
describes--
``(aa) the material being withheld; and
``(bb) the reason that the material is being
withheld.

``(C)(i) A claim of common law privilege by an agency, or an officer
or employee of an agency, shall not prevent the Special Counsel from
obtaining any material described in subparagraph (A)(i) with respect to
the agency.
``(ii) The submission of material described in subparagraph (A)(i)
by an agency to the Special Counsel may not be deemed to waive any
assertion of privilege by the agency against a non-Federal entity or
against an individual in any other proceeding.
``(iii) With respect to any record or other information made
available to the Special Counsel by an agency under subparagraph (A),
the Special Counsel may only disclose the record or information for a
purpose that is in furtherance of any authority provided to the Special
Counsel under this subchapter.
``(6) The Special Counsel shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, and
each committee of Congress with jurisdiction over the applicable agency
a report regarding any case of contumacy or failure to comply with a
request submitted by the Special Counsel under paragraph (5)(A).''.
(b) Information on Whistleblower Protections.--
(1) Agency responsibilities.--
(A) Repeal.--Section 2307 of chapter 23 of title 5,
United States Code, and the item related to such section
in the table of sections for such chapter, <>  is repealed.
(B) Information on whistleblower protections.--
Section 2302 of title 5, United States Code, is amended
by--
(i) redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f),
respectively; and
(ii) by inserting after subsection (b) the
following:

``(c)(1) In this subsection--
``(A) the term `new employee' means an individual--
``(i) appointed to a position as an employee on or
after the date of enactment of this subsection; and
``(ii) who has not previously served as an employee;
and
``(B) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8) or subparagraph (A)(i), (B),
(C), or (D) of paragraph (9) of subsection (b).

``(2) The head of each agency shall be responsible for--
``(A) preventing prohibited personnel practices;
``(B) complying with and enforcing applicable civil service
laws, rules, and regulations and other aspects of personnel
management; and
``(C) ensuring, in consultation with the Special Counsel and
the Inspector General of the agency, that employees of

[[Page 1617]]

the agency are informed of the rights and remedies available to
the employees under this chapter and chapter 12, including--
``(i) information with respect to whistleblower
protections available to new employees during a
probationary period;
``(ii) the role of the Office of Special Counsel and
the Merit Systems Protection Board with respect to
whistleblower protections; and
``(iii) the means by which, with respect to
information that is otherwise required by law or
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, an
employee may make a lawful disclosure of the information
to--
``(I) the Special Counsel;
``(II) the Inspector General of an agency;
``(III) Congress; or
``(IV) another employee of the agency who is
designated to receive such a disclosure.

``(3) The head of each agency shall ensure that the information
described in paragraph (2) is provided to each new employee of the
agency not later than 180 days after the date on which the new employee
is appointed.
``(4) The head of each agency shall make available information
regarding whistleblower protections applicable to employees of the
agency on the public website of the agency and on any online portal that
is made available only to employees of the agency, if such portal
exists.
``(5) Any employee to whom the head of an agency delegates authority
for any aspect of personnel management shall, within the limits of the
scope of the delegation, be responsible for the activities described in
paragraph (2).''.
(2) <>  Information on appeal
rights.--
(A) In general.--Any notice provided to an employee
under section 7503(b)(1), section 7513(b)(1), or section
7543(b)(1) of title 5, United States Code, shall include
detailed information with respect to--
(i) the right of the employee to appeal an
action brought under the applicable section;
(ii) the forums in which the employee may file
an appeal described in clause (i); and
(iii) any limitations on the rights of the
employee that would apply because of the forum in
which the employee decides to file an appeal.
(B) Development of information.--The information
described in subparagraph (A) shall be developed by the
Director of the Office of Personnel Management, in
consultation with the Special Counsel, the Merit Systems
Protection Board, and the Equal Employment Opportunity
Commission.
(3) Technical and conforming amendments.--
(A) Section 4505a(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(c)'' and
inserting ``section 2302(d)''.
(B) Section 5755(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(c)'' and
inserting ``section 2302(d)''.

[[Page 1618]]

(C) Section 110(b)(2) of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note)
is amended by striking ``section 2302(e)(1) or (2)'' and
inserting ``section 2302(f)(1) or (2)''.
(D) Section 1217(d)(3) of the Panama Canal Act of
1979 (22 U.S.C. 3657(d)(3)) is amended by striking
``section 2302(c)'' and inserting ``section 2302(d)''.
(E) Section 1233(b) of the Panama Canal Act of 1979
(22 U.S.C. 3673(b)) is amended by striking ``section
2302(c)'' and inserting ``section 2302(d)''.

(c) Additional Whistleblower Provisions.--
(1) Prohibited personnel practices.--Section 2302 of title
5, United States Code, is amended--
(A) in subsection (b)(9)(C), by inserting ``(or any
other component responsible for internal investigation
or review)'' after ``Inspector General''; and
(B) in subsection (f)--
(i) in paragraph (1)--
(I) in subparagraph (E), by striking
``or'' at the end;
(II) by redesignating subparagraph
(F) as subparagraph (G); and
(III) by inserting after
subparagraph (E) the following:
``(F) the disclosure was made before the date on
which the individual was appointed or applied for
appointment to a position; or''; and
(ii) by striking paragraph (2) and inserting
the following:
``(2) If a disclosure is made during the normal course of
duties of an employee, the principal job function of whom is to
regularly investigate and disclose wrongdoing (referred to in
this paragraph as the `disclosing employee'), the disclosure
shall not be excluded from subsection (b)(8) if the disclosing
employee demonstrates that an employee who has the authority to
take, direct other individuals to take, recommend, or approve
any personnel action with respect to the disclosing employee
took, failed to take, or threatened to take or fail to take a
personnel action with respect to the disclosing employee in
reprisal for the disclosure made by the disclosing employee.''.
(2) Explanations for failure to take action.--Section 1213
of title 5, United States Code, is amended--
(A) in subsection (b), by striking ``15 days'' and
inserting ``45 days''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking ``Any such
report'' and inserting ``Any report required under
subsection (c) or paragraph (5) of this
subsection'';
(ii) by striking paragraph (2) and inserting
the following:
``(2) Upon receipt of any report that the head of an agency
is required to submit under subsection (c), the Special Counsel
shall review the report and determine whether--
``(A) the findings of the head of the agency appear
reasonable; and
``(B) if the Special Counsel requires the head of
the agency to submit a supplemental report under
paragraph

[[Page 1619]]

(5), the reports submitted by the head of the agency
collectively contain the information required under
subsection (d).'';
(iii) in paragraph (3), by striking ``agency
report received pursuant to subsection (c) of this
section'' and inserting ``report submitted to the
Special Counsel by the head of an agency under
subsection (c) or paragraph (5) of this
subsection''; and
(iv) by adding at the end the following:
``(5) If, after conducting a review of a report under
paragraph (2), the Special Counsel concludes that the Special
Counsel requires additional information or documentation to
determine whether the report submitted by the head of an agency
is reasonable and sufficient, the Special Counsel may request
that the head of the agency submit a supplemental report--
``(A) containing the additional information or
documentation identified by the Special Counsel; and
``(B) that the head of the agency shall submit to
the Special Counsel within a period of time specified by
the Special Counsel.''.
(3) Transfer requests during stays.--
(A) Priority granted.--Section 1214(b)(1) of title
5, United States Code, is amended--
(i) by striking subparagraph (E); and
(ii) by adding at the end the following:
``(E) If the Board grants a stay under subparagraph
(A), the head of the agency employing the employee who
is the subject of the action shall give priority to a
request for a transfer submitted by the employee.''.
(B) Probationary employees.--Section 1221 of title
5, United States Code, is amended--
(i) by striking subsection (k); and
(ii) by adding at the end the following:

``(k) If the Board grants a stay under subsection (c) and the
employee who is the subject of the action is in probationary status, the
head of the agency employing the employee shall give priority to a
request for a transfer submitted by the employee.''.
(4) Retaliatory investigations.--Section 1214 of title 5,
United States Code, is amended by adding at the end the
following:

``(i) The Special Counsel may petition the Board to order corrective
action, including fees, costs, or damages reasonably incurred by an
employee due to an investigation of the employee by an agency, if the
investigation by an agency was commenced, expanded, or extended in
retaliation for a disclosure or protected activity described in section
2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of section
2302(b)(9), without regard to whether a personnel action, as defined in
section 2302(a)(2)(A), is taken.''.
(d) Protection of Whistleblowers as Criteria in Performance
Appraisals.--
(1) Establishment of systems.--Section 4302 of title 5,
United States Code, is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following:

[[Page 1620]]

``(b)(1) The head of each agency, in consultation with the Director
of the Office of Personnel Management and the Special Counsel, shall
develop criteria that--
``(A) the head of the agency shall use as a critical element
for establishing the job requirements of a supervisory employee;
and
``(B) promote the protection of whistleblowers.

``(2) The criteria required under paragraph (1) shall include--
``(A) principles for the protection of whistleblowers, such
as the degree to which supervisory employees--
``(i) respond constructively when employees of the
agency make disclosures described in subparagraph (A) or
(B) of section 2302(b)(8);
``(ii) take responsible actions to resolve the
disclosures described in clause (i); and
``(iii) foster an environment in which employees of
the agency feel comfortable making disclosures described
in clause (i) to supervisory employees or other
appropriate authorities; and
``(B) for each supervisory employee--
``(i) whether the agency entered into an agreement
with an individual who alleged that the supervisory
employee committed a prohibited personnel practice; and
``(ii) if the agency entered into an agreement
described in clause (i), the number of instances in
which the agency entered into such an agreement with
respect to the supervisory employee.

``(3) In this subsection--
``(A) the term `agency' means any entity the employees of
which are covered under paragraphs (8) and (9) of section
2302(b), without regard to whether any other provision of this
section is applicable to the entity;
``(B) the term `prohibited personnel practice' has the
meaning given the term in section 2302(a)(1);
``(C) the term `supervisory employee' means an employee who
would be a supervisor, as defined in section 7103(a), if the
agency employing the employee was an agency for purposes of
chapter 71; and
``(D) the term `whistleblower' means an employee who makes a
disclosure described in section 2302(b)(8).''.
(2) Criteria for performance appraisals.--Section 4313 of
title 5, United States Code, is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) protecting whistleblowers, as described in section
4302(b)(2).''.
(3) <>  Annual report to congress on
unacceptable performance in whistleblower protection.--
(A) Definitions.--In this paragraph, the terms
``agency'' and ``whistleblower'' have the meanings given
the terms in section 4302(b)(3) of title 5, United
States Code, as amended by paragraph (1).
(B) Report.--Each agency shall annually submit to
the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and

[[Page 1621]]

Government Reform of the House of Representatives, and
each committee of Congress with jurisdiction over the
agency a report that details--
(i) the number of performance appraisals, for
the year covered by the report, that determined
that an employee of the agency failed to meet the
standards for protecting whistleblowers that were
established under section 4302(b) of title 5,
United States Code, as amended by paragraph (1);
(ii) the reasons for the determinations
described in clause (i); and
(iii) each performance-based or corrective
action taken by the agency in response to a
determination under clause (i).
(4) Technical and conforming amendment.--Section 4301 of
title 5, United States Code, is amended, in the matter preceding
paragraph (1), by striking ``For the purpose of'' and inserting
``Except as otherwise expressly provided, for the purpose of''.

(e) Discipline of Supervisors Based on Retaliation Against
Whistleblowers.--
(1) In general.--Subchapter II of chapter 75 of title 5,
United States Code, is amended--
(A) by striking section 7515; and
(B) by adding at the end the following:
``Sec. 7515. <>  Discipline of supervisors
based on retaliation against whistleblowers

``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) has the meaning given the term in section
2302(a)(2)(C), without regard to whether any other
provision of this chapter is applicable to the entity;
and
``(B) does not include any entity that is an element
of the intelligence community, as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003);
``(2) the term `prohibited personnel action' means taking or
failing to take an action in violation of paragraph (8), (9), or
(14) of section 2302(b) against an employee of an agency; and
``(3) the term `supervisor' means an employee who would be a
supervisor, as defined in section 7103(a), if the entity
employing the employee was an agency.

``(b) Proposed Disciplinary Actions.--
``(1) In general.--Subject to section 1214(f), if the head
of the agency in which a supervisor is employed, an
administrative law judge, the Merit Systems Protection Board,
the Special Counsel, a judge of the United States, or the
Inspector General of the agency in which a supervisor is
employed has determined that the supervisor committed a
prohibited personnel action, the head of the agency in which the
supervisor is employed, consistent with the procedures required
under paragraph (2)--
``(A) for the first prohibited personnel action
committed by the supervisor--
``(i) shall propose suspending the supervisor
for a period that is not less than 3 days; and

[[Page 1622]]

``(ii) may propose an additional action
determined appropriate by the head of the agency,
including a reduction in grade or pay; and
``(B) for the second prohibited personnel action
committed by the supervisor, shall propose removing the
supervisor.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an action
is proposed to be taken under paragraph (1) is entitled
to written notice that--
``(i) states the specific reasons for the
proposed action; and
``(ii) informs the supervisor about the right
of the supervisor to review the material that is
relied on to support the reasons given in the
notice for the proposed action.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who receives
notice under subparagraph (A) may, not later than
14 days after the date on which the supervisor
receives the notice, submit an answer and furnish
evidence in support of that answer.
``(ii) No evidence furnished; insufficient
evidence furnished.--If, after the end of the 14-
day period described in clause (i), a supervisor
does not furnish any evidence as described in that
clause, or if the head of the agency in which the
supervisor is employed determines that the
evidence furnished by the supervisor is
insufficient, the head of the agency shall carry
out the action proposed under subparagraph (A) or
(B) of paragraph (1), as applicable.
``(C) Scope of procedures.--An action carried out
under this section--
``(i) except as provided in clause (ii), shall
be subject to the same requirements and
procedures, including those with respect to an
appeal, as an action under section 7503, 7513, or
7543; and
``(ii) shall not be subject to--
``(I) paragraphs (1) and (2) of
section 7503(b);
``(II) paragraphs (1) and (2) of
subsection (b) and subsection (c) of
section 7513; and
``(III) paragraphs (1) and (2) of
subsection (b) and subsection (c) of
section 7543.
``(3) Non-delegation.--If the head of an agency is
responsible for determining whether a supervisor has committed a
prohibited personnel action for purposes of paragraph (1), the
head of the agency may not delegate that responsibility.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 75 of title 5, United
States Code, <>  is amended--
(A) by striking any item relating to section 7515;
and
(B) adding at the end the following:

``7515. Discipline of supervisors based on retaliation against
whistleblowers.''.

(f) Termination of Certain Investigations by the Office of Special
Counsel.--Section 1214(a) of title 5, United States Code, is amended by
adding at the end the following:

[[Page 1623]]

``(6)(A) Notwithstanding any other provision of this
section, not later than 30 days after the date on which the
Special Counsel receives an allegation of a prohibited personnel
practice under paragraph (1), the Special Counsel may terminate
an investigation of the allegation without further inquiry if
the Special Counsel determines that--
``(i) the same allegation, based on the same set of
facts and circumstances, had previously been--
``(I)(aa) made by the individual; and
``(bb) investigated by the Special Counsel; or
``(II) filed by the individual with the Merit
Systems Protection Board;
``(ii) the Special Counsel does not have
jurisdiction to investigate the allegation; or
``(iii) the individual knew or should have known of
the alleged prohibited personnel practice on or before
the date that is 3 years before the date on which the
Special Counsel received the allegation.
``(B) Not later than 30 days after the date on which the
Special Counsel terminates an investigation under subparagraph
(A), the Special Counsel shall provide a written notification to
the individual who submitted the allegation of a prohibited
personnel practice that states the basis of the Special Counsel
for terminating the investigation.''.

(g) Allegations of Wrongdoing Within the Office of Special
Counsel.--Section 1212 of title 5, United States Code, is amended by
adding at the end the following:
``(i) The Special Counsel shall enter into at least 1 agreement with
the Inspector General of an agency under which--
``(1) the Inspector General shall--
``(A) receive, review, and investigate allegations
of prohibited personnel practices or wrongdoing filed by
employees of the Office of Special Counsel; and
``(B) develop a method for an employee of the Office
of Special Counsel to communicate directly with the
Inspector General; and
``(2) the Special Counsel--
``(A) may not require an employee of the Office of
Special Counsel to seek authorization or approval before
directly contacting the Inspector General in accordance
with the agreement; and
``(B) may reimburse the Inspector General for
services provided under the agreement.''.

(h) Reporting Requirements.--
(1) Annual report.--Section 1218 of title 5, United States
Code, is amended to read as follows:
``Sec. 1218. Annual report

``The Special Counsel shall submit to Congress, on an annual basis,
a report regarding the activities of the Special Counsel, which shall
include, for the year preceding the submission of the report--
``(1) the number, types, and disposition of allegations of
prohibited personnel practices filed with the Special Counsel
and the costs of resolving such allegations;
``(2) the number of investigations conducted by the Special
Counsel;

[[Page 1624]]

``(3) the number of stays and disciplinary actions
negotiated with agencies by the Special Counsel;
``(4) the number of subpoenas issued by the Special Counsel;
``(5) the number of instances in which the Special Counsel
reopened an investigation after the Special Counsel had made an
initial determination with respect to the investigation;
``(6) the actions that resulted from reopening
investigations, as described in paragraph (5);
``(7) the number of instances in which the Special Counsel
did not make a determination before the end of the 240-day
period described in section 1214(b)(2)(A)(i) regarding whether
there were reasonable grounds to believe that a prohibited
personnel practice had occurred, existed, or was to be taken;
``(8) a description of the recommendations and reports made
by the Special Counsel to other agencies under this subchapter
and the actions taken by the agencies as a result of the
recommendations or reports;
``(9) the number of--
``(A) actions initiated before the Merit Systems
Protection Board, including the number of corrective
action petitions and disciplinary action complaints
initiated; and
``(B) stays and extensions of stays obtained from
the Merit Systems Protection Board;
``(10) the number of prohibited personnel practice
complaints that resulted in a favorable action for the
complainant, other than a stay or an extension of a stay,
organized by actions in--
``(A) complaints dealing with reprisals against
whistleblowers; and
``(B) all other complaints;
``(11) the number of prohibited personnel practice
complaints that were resolved by an agreement between an agency
and an individual, organized by agency and agency components
in--
``(A) complaints dealing with reprisals against
whistleblowers; and
``(B) all other complaints;
``(12) the number of corrective actions that the Special
Counsel required an agency to take after a finding by the
Special Counsel of a prohibited personnel practice, as defined
in section 2302(a)(1); and
``(13) the results for the Office of Special Counsel of any
employee viewpoint survey conducted by the Office of Personnel
Management or any other agency.''.
(2) Public information.--Section 1219(a)(1) of title 5,
United States Code, is amended to read as follows:
``(1) a list of any noncriminal matters referred to the head
of an agency under section 1213(c), together with--
``(A) a copy of the information transmitted to the
head of the agency under section 1213(c)(1);
``(B) any report from the agency under section
1213(c)(1)(B) relating to the matter;
``(C) if appropriate, not otherwise prohibited by
law, and consented to by the complainant, any comments
from the complainant under section 1213(e)(1) relating
to the matter; and

[[Page 1625]]

``(D) the comments or recommendations of the Special
Counsel under paragraph (3) or (4) of section
1213(e);''.
(3) Notice of complaint settlements.--Section 1217 of title
5, United States Code, is amended--
(A) by striking ``The Special Counsel'' and
inserting the following:

``(a) In General.--The Special Counsel''; and
(B) by adding at the end the following:

``(b) Additional Report Required.--
``(1) In general.--If an allegation submitted to the Special
Counsel is resolved by an agreement between an agency and an
individual, the Special Counsel shall submit to Congress and
each congressional committee with jurisdiction over the agency a
report regarding the agreement.
``(2) Contents.--Any report required under paragraph (1)
shall identify, with respect to an agreement described in that
paragraph--
``(A) the agency that entered into the agreement;
``(B) the position and employment location of the
employee who submitted the allegation that formed the
basis of the agreement, provided the information is not
so specific as to be reasonably likely to identify the
employee;
``(C) the position and employment location of any
employee alleged by an employee described in
subparagraph (B) to have committed a prohibited
personnel practice, as defined in section 2302(a)(1);
``(D) a description of the allegation described in
subparagraph (B); and
``(E) whether the agency that entered into the
agreement has agreed to pursue any disciplinary action
as a result of the allegation described in subparagraph
(B).''.

(i) Establishment of Survey Pilot Program.--
(1) In general.--The Office of Special Counsel shall design
and establish a pilot program under which the Office shall
conduct, during the first full fiscal year after the date of
enactment of this Act, a survey of individuals who have filed a
complaint or disclosure with the Office.
(2) Purpose.--The survey under paragraph (1) shall be
designed for the purpose of collecting information and improving
service at various stages of a review or investigation by the
Office of Special Counsel.
(3) Results.--The results of the survey under paragraph (1)
shall be published in the annual report of the Office of Special
Counsel.
(4) Suspension of other surveys.--During the period
beginning on October 1, 2017, and ending on September 30, 2018,
section 13 of the Act entitled ``An Act to reauthorize the
Office of Special Counsel, and for other purposes'', approved
October 29, 1994 (5 U.S.C. 1212 note), shall have no force or
effect.

(j) Stays of the Merit Systems Protection Board.--Section
1214(b)(1)(B)(ii) of title 5, United States Code, is amended by striking
``who was appointed, by and with the advice and consent of the
Senate,''.
(k) Penalties Under the Hatch Act.--

[[Page 1626]]

(1) In general.--Section 7326 of title 5, United States
Code, is amended to read as follows:
``Sec. 7326. Penalties

``An employee or individual who violates section 7323 or 7324 shall
be subject to--
``(1) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, or reprimand;
``(2) an assessment of a civil penalty not to exceed $1,000;
or
``(3) any combination of the penalties described in
paragraph (1) or (2).''.
(2) <>  Application.--The amendment
made by paragraph (1) shall apply to any violation of section
7323 or 7324 of title 5, United States Code, occurring after the
date of enactment of this Act.

(l) Amendments to Dr. Chris Kirkpatrick Whistleblower Protection
Act.--Section 105 of the Dr. Chris Kirkpatrick Whistleblower Protection
Act of 2017 <>  is amended--
(1) in subsection (a) by inserting ``credible'' before
``information indicating''; and
(2) by adding at the end the following:

``(c) Permission of Next of Kin.--The head of the agency shall only
make a referral under subsection (a) regarding an employee after
receiving written permission from the next of kin, as such term is
defined in section 6381 of title 5, United States Code, of the
employee.''.
(m) <>  Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Special Counsel shall prescribe such
regulations as may be necessary to perform--
(A) the functions of the Special Counsel under
subchapter II of chapter 12 of title 5, United States
Code, including regulations that are necessary to carry
out sections 1213, 1214, and 1215 of that title; and
(B) any functions of the Special Counsel that are
required because of the amendments made by this section.
(2) Publication.--Any regulations prescribed under paragraph
(1) shall be published in the Federal Register.

(n) Authorization of Appropriations.--
(1) In general.--Section 8(a)(2) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``2003, 2004, 2005, 2006, and 2007'' and inserting
``2018 through 2023''.
(2) <>  Effective date.--The
amendment made by paragraph (1) shall take effect as though
enacted on September 30, 2017.
SEC. 1098. <>  AIR TRANSPORTATION
OF CIVILIAN DEPARTMENT OF DEFENSE
PERSONNEL TO AND FROM AFGHANISTAN.

(a) Policy Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a policy
review regarding the use of commercial air transportation or alternative
forms of air transportation to transport civilian personnel of the
Department of Defense to and from Afghanistan.
(b) Report to Congress.--Not later than 90 days after the completion
of the policy review required by subsection (a), the

[[Page 1627]]

Secretary shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the results of such review.
(c) Updated Guidelines.--Not later than 90 days after the completion
of the policy review required by subsection (a), the Secretary shall
issue updated guidelines, based on the report submitted under subsection
(b), regarding the use of commercial air transportation or alternative
forms of air transportation to transport civilian personnel of the
Department 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.

SEC. 1101. <>  DIRECT HIRE
AUTHORITY FOR THE DEPARTMENT OF DEFENSE
FOR PERSONNEL TO ASSIST IN BUSINESS
TRANSFORMATION AND MANAGEMENT
INNOVATION.

(a) Authority.--The Secretary of Defense may appoint in the
Department of Defense individuals described in subsection (b) without
regard to the provisions of subchapter I of chapter 33 of title 5,
United States Code, for the purpose of assisting and facilitating the
efforts of the Department in business transformation and management
innovation.
(b) Covered Individuals.--The individuals described in this
subsection are individuals who have all of the following:
(1) A management or business background.
(2) Experience working with large or complex organizations.
(3) Expertise in management and organizational change, data
analytics, or business process design.

(c) Limitation on Number.--The number of individuals appointed
pursuant to this section at any one time may not exceed 10 individuals.
(d) Nature of Appointment.--Any appointment under this section shall
be on a term basis, and shall be subject to the term appointment
regulations in part 316 of title 5, Code of Federal

[[Page 1628]]

Regulations (other than requirements in such regulations relating to
competitive hiring). The term of any such appointment shall be specified
by the Secretary at the time of the appointment.
(e) Briefings.--
(1) In general.--Not later than September 30, 2019, and
September 30, 2021, the Secretary shall brief the appropriate
committees of Congress on the exercise of the authority in this
section.
(2) Elements.--Each briefing under this subsection shall
include the following:
(A) A description and assessment of the results of
the use of such authority as of the date of such
briefing.
(B) Such recommendations as the Secretary considers
appropriate for extension or modification of such
authority.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the
Committee on Government Oversight and Reform of the
House of Representatives.

(f) Sunset.--
(1) In general.--The authority to appoint individuals in
this section shall expire on September 30, 2021.
(2) Construction with existing appointments.--The expiration
in paragraph (1) of the authority in this section shall not be
construed to terminate any appointment made under this section
before the date of expiration that continues according to its
term as of the date of expiration.
SEC. 1102. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND MAJOR
RANGE AND TEST FACILITIES BASE.

(a) In General.--Subsection (a) of section 1125 of subtitle B of
title XI of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) <>  is amended by
striking ``During fiscal years 2017 and 2018,'' and inserting ``During
each of fiscal years 2017 through 2021,''.

(b) 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 including--
(1) a description of the effect of such section 1125 (as
amended by subsection (a)) on the management of the Department
of Defense civilian workforce during the most recently ended
fiscal year; and
(2) the number of employees--
(A) hired under such section during such fiscal
year; and
(B) expected to be hired under such section during
the fiscal year in which the briefing is provided.

[[Page 1629]]

SEC. 1103. EXTENSION OF AUTHORITY TO PROVIDE VOLUNTARY SEPARATION
INCENTIVE PAY FOR CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE.

(a) In General.--Section 1107 of subtitle A of title XI of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) <>  is amended by striking ``September 30,
2018'' and inserting ``September 30, 2021''.

(b) Briefing.--Not later than December 31, 2019, and December 31,
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 including--
(1) a description of the effect of such section 1107 (as
amended by subsection (a)) on the management of the Department
of Defense civilian workforce during the most recently ended
fiscal year;
(2) the number of employees offered voluntary separation
incentive payments during such fiscal year by operation of such
section; and
(3) the number of such employees that accepted such
payments.
SEC. 1104. ADDITIONAL DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY
REINVENTION LABORATORIES.

Section 1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2487; 10 U.S.C. 2358 note) is
amended by adding at the end the following:
``(20) The Naval Medical Research Center.
``(21) The Joint Warfighting Analysis Center.
``(22) The Naval Facilities Engineering and Expeditionary
Warfare Center.''.
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.

Subsection (a) of section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4615), as most recently amended by section 1137 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2460), is amended by striking ``through 2017'' and inserting ``through
2018''.
SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT EXPERTS
IN THE DEPARTMENT OF DEFENSE WORKFORCE.

(a) In General.--Section 1110 of the National Defense Authorization
Act for 2017 (Public Law 114-328; 130 Stat. 2450; 10 U.S.C. 1580 note
prec.) is amended--
(1) in subsection (a), by striking ``the Defense Agencies or
the applicable military Department'' and inserting ``a
Department of Defense component'';
(2) in subsection (b)(1), by striking ``the Defense
Agencies'' and inserting ``each Department of Defense component
listed in subsection (f) other than the Department of the Army,
the Department of the Navy, and the Department of the Air
Force'';

[[Page 1630]]

(3) in subsection (d)--
(A) by striking ``any Defense Agency or military
department'' and inserting ``any Department of Defense
component''; and
(B) by striking ``such Defense Agency or military
department'' and inserting ``such Department of Defense
component''; and
(4) by striking subsection (f) and inserting the following
new subsection (f):

``(f) Department of Defense Component Defined.--In this section, the
term `Department of Defense component' means the following:
``(1) A Defense Agency.
``(2) The Office of the Chairman of the Joint Chiefs of
Staff.
``(3) The Joint Staff.
``(4) A combatant command.
``(5) The Office of the Inspector General of the Department
of Defense.
``(6) A Field Activity of the Department of Defense.
``(7) The Department of the Army.
``(8) The Department of the Navy.
``(9) The Department of the Air Force.''.

(b) 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 including--
(1) a description of the effect of section 1110 of subtitle
A of title XI of the National Defense Authorization Act, 2017
(Public Law 114-328), as amended by subsection (a), on the
management of the Department of Defense civilian workforce
during the most recently ended fiscal year; and
(2) the number of employees--
(A) hired under such section during such fiscal
year; and
(B) expected to be hired under such section during
the fiscal year in which the briefing is provided.
SEC. 1107. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL
FLEXIBILITIES FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND MAJOR
RANGE AND TEST FACILITIES BASE CIVILIAN
PERSONNEL.

(a) In General.--Subsection (a) of section 1132 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2457) <>  is amended by striking
``and 2018'' and inserting ``through 2021''.

(b) 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 including--

[[Page 1631]]

(1) a description of the effect of such section 1132 (as
amended by subsection (a)) on the management of civilian
personnel at domestic defense industrial base facilities and
Major Range and Test Facilities Base during the most recently
ended fiscal year; and
(2) the number of employees--
(A) hired under such section during such fiscal
year; and
(B) expected to be hired under such section during
the fiscal year in which the briefing is provided.
SEC. 1108. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A
COMBAT ZONE.

Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1133 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2459), is further
amended by striking ``2018'' and inserting ``2019''.
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.

Section 5542(a)(6)(B) of title 5, United States Code, is amended by
striking ``September 30, 2018'' and inserting ``September 30, 2019''.
SEC. 1110. <>  PILOT PROGRAM ON
ENHANCED PERSONNEL MANAGEMENT SYSTEM FOR
CYBSERSECURITY AND LEGAL PROFESSIONALS
IN THE DEPARTMENT OF DEFENSE.

(a) Pilot Program Required.--The Secretary of Defense shall carry
out within the Department of Defense a pilot program to assess the
feasability and advisability of an enhanced personnel management system
in accordance with this section for cybersecurity and legal
professionals in the Department described in subsection (b) who enter
civilian service with the Department on or after January 1, 2020.
(b) Cybersecurity and Legal Professionals.--
(1) In general.--The cybersecurity and legal professionals
described in this subsection are the following:
(A) Civilian cybersecurity professionals in the
Department of Defense consisting of civilian personnel
engaged in or directly supporting planning, commanding
and controlling, training, developing, acquiring,
modifying, and operating systems and capabilities, and
military units and intelligence organizations (other
than those funded by the National Intelligence Program)
that are directly engaged in or used for offensive and
defensive cyber and information warfare or intelligence
activities in support thereof.

[[Page 1632]]

(B) Civilian legal professionals in the Department
occupying legal or similar positions, as determined by
the Secretary of Defense for purposes of the pilot
program, that require eligibility to practice law in a
State or territory of the United States.
(2) Inapplicability to ses positions.--The pilot program
shall not apply to positions within the Senior Executive Service
under subchapter VIII of chapter 53 of title 5, United States
Code.

(c) Direct-appointment Authority.--
(1) Inapplicability of general civil service appointment
authorities to appointments.--Under the pilot program, the
Secretary of Defense, with respect to the Defense Agencies, and
the Secretary of the military department concerned, with respect
to the military departments, may appoint qualified candidates as
cybersecurity and legal professionals without regard to the
provisions of subchapter I of chapter 33 of title 5, United
States Code.
(2) Appointment on direct-hire basis.--Appointments under
the pilot program shall be made on a direct-hire basis.

(d) Term Appointments.--
(1) Renewable term appointments.--Each individual shall
serve with the Department of Defense as a cybersecurity or legal
professional under the pilot program pursuant to an initial
appointment to service with the Department for a term of not
less than 2 years nor more than 8 years. Any term of appointment
under the pilot program may be renewed for one or more
additional terms of not less than 2 years nor more than 8 years
as provided in subsection (h).
(2) Length of terms.--The length of the term of appointment
to a position under the pilot program shall be prescribed by the
Secretary of Defense taking into account the national security,
mission, and other applicable requirements of the position.
Positions having identical or similar requirements or terms may
be grouped into categories for purposes of the pilot program.
The Secretary may delegate any authority in this paragraph to a
commissioned officer of the Armed Forces in pay grade O-7 or
above or an employee in the Department in the Senior Executive
Service.

(e) Nature of Service Under Appointments.--
(1) Treatment of personnel appointed as employees.--Except
as otherwise provided by this section, individuals serving with
the Department of Defense as cybersecurity or legal
professionals under the pilot program pursuant to appointments
under this section shall be considered employees (as specified
in section 2105 of title 5, United States Code) for purposes of
the provisions of title 5, United States Code, and other
applicable provisions of law, including, in particular, for
purposes as follows:
(A) Eligibility for participation in the Federal
Employees' Retirement System under chapter 84 of title
5, United States Code, subject to the provisions of
section 8402 of such title and the regulations
prescribed pursuant to such section.
(B) Eligibility for enrollment in a health benefits
plan under chapter 89 of title 5, United States Code
(commonly

[[Page 1633]]

referred as the ``Federal Employees Health Benefits
Program'').
(C) Eligibility for and subject to the employment
protections of subpart F of part III of title 5, United
States Code, relating to merit principles and
protections.
(D) Eligibility for the protections of chapter 81,
of title 5, United States Code, relating to workers
compensation.
(2) Scope of rights and benefits.--In administering the
pilot program, the Secretary of Defense shall specify, and from
time to time update, a comprehensive description of the rights
and benefits of individuals serving with the Department under
the pilot program pursuant to this subsection and of the
provisions of law under which such rights and benefits arise.

(f) Compensation.--
(1) Basic pay.--Individuals serving with the Department of
Defense as cybersecurity or legal professionals under the pilot
program shall be paid basic pay for such service in accordance
with a schedule of pay prescribed by the Secretary of Defense
for purposes of the pilot program.
(2) Treatment as basic pay.--Basic pay payable under the
pilot program shall be treated for all purposes as basic pay
paid under the provisions of title 5, United States Code.
(3) Performance awards.--Individuals serving with the
Department as cybersecurity or legal professionals under the
pilot program may be awarded such performance awards for
outstanding performance as the Secretary shall prescribe for
purposes of the pilot program. The performance awards may
include a monetary bonus, time off with pay, or such other
awards as the Secretary considers appropriate for purposes of
the pilot program. The award of performance awards under the
pilot program shall be based in accordance with such policies
and requirements as the Secretary shall prescribe for purposes
of the pilot program.
(4) Additional compensation.--Individuals serving with the
Department as cybersecurity or legal professionals under the
pilot program may be awarded such additional compensation above
basic pay as the Secretary (or the designees of the Secretary)
consider appropriate in order to promote the recruitment and
retention of highly skilled and productive cybersecurity and
legal professionals to and with the Department.

(g) Probationary Period.--The following terms of appointment shall
be treated as a probationary period under the pilot program:
(1) The first term of appointment of an individual to
service with the Department of Defense as a cybersecurity or
legal professional, regardless of length.
(2) The first term of appointment of an individual to a
supervisory position in the Department as a cybersecurity or
legal professional, regardless of length and regardless of
whether or not such term of appointment to a supervisory
position is the first term of appointment of the individual
concerned to service with the Department as a cybersecurity or
legal professional.

(h) Renewal of Appointments.--
(1) In general.--The Secretary of Defense shall prescribe
the conditions for the renewal of appointments under the pilot

[[Page 1634]]

program. The conditions may apply to one or more categories of
positions, positions on a case-by-case basis, or both.
(2) Particular conditions.--In prescribing conditions for
the renewal of appointments under the pilot program, the
Secretary shall take into account the following (in the order
specified):
(A) The necessity for the continuation of the
position concerned based on mission requirements and
other applicable justifications for the position.
(B) The service performance of the individual
serving in the position concerned, with individuals with
satisfactory or better performance afforded preference
in renewal.
(C) Input from employees on conditions for renewal.
(D) Applicable private and public sector labor
market conditions.
(3) Service performance.--The assessment of the service
performance of an individual under the pilot program for
purposes of paragraph (2)(B) shall consist of an assessment of
the ability of the individual to effectively accomplish mission
goals for the position concerned as determined by the supervisor
or manager of the individual based on the individual's
performance evaluations and the knowledge of and review by such
supervisor or manager (developed in consultation with the
individual) of the individual's performance in the position. An
individual's tenure of service in a position or the Department
of Defense may not be the primary element of the assessment.

(i) Professional Development.--The pilot program shall provide for
the professional development of individuals serving with the Department
of Defense as cybersecurity and legal professionals under the pilot
program in a manner that--
(1) creates opportunities for education, training, and
career-broadening experiences, and for experimental
opportunities in other organizations within and outside the
Federal Government; and
(2) reflects the differentiated needs of personnel at
different stages of their careers.

(j) Sabbaticals.--
(1) In general.--The pilot program shall provide for an
individual who is in a successive term after the first 8 years
with the Department of Defense as a cybersecurity or legal
professional under the pilot program to take, at the election of
the individual, a paid or unpaid sabbatical from service with
the Department for professional development or education
purposes. The length of a sabbatical shall be any length not
less than 6 months nor more than 1 year (unless a different
period is approved by the Secretary of the military department
or head of the organization or element of the Department
concerned for purposes of this subsection). The purpose of any
sabbatical shall be subject to advance approval by the
organization or element in the Department in which the
individual is currently performing service. The taking of a
sabbatical shall be contingent on the written agreement of the
individual concerned to serve with the Department for an
appropriate length of time at the conclusion of the term of
appointment in which the sabbatical commences, with the period
of such service to be in addition to the period of such term of
appointment.

[[Page 1635]]

(2) Number of sabbaticals.--An individual may take more than
one sabbatical under this subsection.
(3) Repayment.--Except as provided in paragraph (4), an
individual who fails to satisfy a written agreement executed
under paragraph (1) with respect to a sabbatical shall repay the
Department an amount equal to any pay, allowances, and other
benefits received by the individual from the Department during
the period of the sabbatical.
(4) Waiver of repayment.--An agreement under paragraph (1)
may include such conditions for the waiver of repayment
otherwise required under paragraph (3) for failure to satisfy
such agreement as the Secretary specifies in such agreement.

(k) Regulations.--The Secretary of Defense shall administer the
pilot program under regulations prescribed by the Secretary for purposes
of the pilot program.
(l) Termination.--
(1) In general.--The authority of the Secretary of Defense
to appoint individuals for service with the Department of
Defense as cybersecurity or legal professionals under the pilot
program shall expire on December 31, 2029.
(2) Effect on existing appointments.--The termination of
authority in paragraph (1) shall not be construed to terminate
or otherwise affect any appointment made under this section
before December 31, 2029, that remains valid as of that date.

(m) Implementation.--
(1) Interim final rule.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall prescribe an interim final rule to implement the pilot
program.
(2) Final rule.--Not later than 180 days after prescribing
the interim final rule under paragraph (1) and considering
public comments with respect to such interim final rule, the
Secretary shall prescribe a final rule to implement the pilot
program.
(3) Objectives.--The regulations prescribed under paragraphs
(1) and (2) shall accomplish the objectives set forth in
subsections (a) through (j) and otherwise ensure flexibility and
expedited appointment of cybersecurity and legal professionals
in the Department of Defense under the pilot program.

(n) Reports.--
(1) Reports required.--Not later than January 30 of each of
2022, 2025, and 2028, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the carrying
out of the pilot program. Each report shall include the
following:
(A) A description and assessment of the carrying out
of the pilot program during the period since the
commencement of the pilot program or the previous
submittal of a report under this subsection, as
applicable.
(B) A description and assessment of the successes in
and impediments to carrying out the pilot program system
during such period.

[[Page 1636]]

(C) Such recommendations as the Secretary considers
appropriate for legislative action to improve the pilot
program and to otherwise improve civilian personnel
management of cybersecurity and legal professionals by
the Department of Defense.
(D) In the case of the report submitted in 2028, an
assessment and recommendations by the Secretary on
whether to make the pilot program permanent.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the
Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 1111. ESTABLISHMENT OF SENIOR SCIENTIFIC TECHNICAL MANAGERS
AT MAJOR RANGE AND TEST FACILITY BASE
FACILITIES AND DEFENSE TEST RESOURCE
MANAGEMENT CENTER.

Section 2358a of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by inserting ``, each facility of the Major Range
and Test Facility Base, and the Defense Test
Resource Management Center'' after ``each STRL'';
and
(ii) in subparagraph (A), by inserting ``, of
such facility of the Major Range and Test Facility
Base, or the Defense Test Resource Management
Center''; and
(B) in paragraph (2)--
(i) by striking ``The positions'' and
inserting ``(A) The laboratory positions''; and
(ii) by adding at the end the following new
subparagraph:
``(B) The test and evaluation positions described in
paragraph (1) may be filled, and shall be managed, by
the director of the Major Range and Test Facility Base,
in the case of a position at a facility of the Major
Range and Test Facility Base, and the director of the
Defense Test Resource Management Center, in the case of
a position at such center, under criteria established
pursuant to section 342(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 2358 note), relating to personnel
demonstration projects at laboratories of the Department
of Defense, except that the director involved shall
determine the number of such positions at each facility
of the Major Range and Test Facility Base and the
Defense Test Resource Management Center, not to exceed
two percent of the number of scientists and engineers,
but at least one position, employed at the Major Range
and Test Facility Base or the Defense Test Resource
Management Center, as the case may be, as of the close
of the last fiscal year before the fiscal year in which
any

[[Page 1637]]

appointments subject to those numerical limitations are
made.''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following new
paragraph (1):
``(1) The term `Defense Test Resource Management Center'
means the Department of Defense Test Resource Management Center
established under section 196 of this title.''; and
(C) by inserting after paragraph (2), as so
redesignated, the following new paragraph:
``(3) The term `Major Range and Test Facility Base' means
the test and evaluation facilities and resources that are
designated by the Secretary of Defense as facilities and
resources comprising the Major Range and Test Facility Base.''.

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.

[[Page 1638]]

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.

[[Page 1639]]

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.

Subtitle A--Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES
MILITARY OPERATIONS.

Section 1234 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 394), as most recently amended
by section 1201 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2473), is further amended--
(1) in subsection (a), by striking ``fiscal year 2017'' and
inserting ``fiscal year 2018'';
(2) in subsection (d), by striking ``during the period
beginning on October 1, 2016, and ending on December 31, 2017''
and inserting ``during the period beginning on October 1, 2017,
and ending on December 31, 2018''; and
(3) in subsection (e)(1), by striking ``December 31, 2017''
and inserting ``December 31, 2018''.
SEC. 1202. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.

(a) Authority.--The Secretary of Defense may, with the concurrence
of the relevant Chief of Mission, expend up to $10,000,000 during each
of fiscal years 2018 through 2020 to provide support to foreign forces,
irregular forces, groups, or individuals engaged in supporting or
facilitating ongoing and authorized irregular warfare operations by
United States Special Operations Forces.
(b) Funds.--

[[Page 1640]]

(1) In general.--Funds for support under this section in a
fiscal year shall be derived from amounts authorized to be
appropriated for that fiscal year for the Department of Defense
for operation and maintenance.
(2) Limitation.--Funds may not be made available under
paragraph (1) until 15 days after the submittal of the strategy
required by section 1097 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1020).

(c) Procedures.--
(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
(2) Elements.--The procedures required under paragraph (1)
shall establish, at a minimum, the following:
(A) Policy guidance for the execution of, and
constraints within, activities under the authority in
this section.
(B) The processes through which activities under the
authority in this section are to be developed,
validated, and coordinated, as appropriate, with
relevant entities of the United States Government.
(C) The processes through which legal reviews and
determinations are made to comply with the authority in
this section and ensure that the exercise of such
authority is consistent with the national security of
the United States.
(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the congressional
defense committees of the procedures established pursuant to
this section before any exercise of the authority in this
section, and shall notify such committee of any material
modification of the procedures.

(d) Notification.--
(1) In general.--Not later than 15 days before exercising
the authority in this section to make funds available to
initiate support of an ongoing and authorized operation or
changing the scope or funding level of any support under this
section for such an operation by $500,000 or an amount equal to
10 percent of such funding level (whichever is less), the
Secretary shall notify the congressional defense committees of
the use of such authority with respect to such operation. Any
such notification shall be in writing.
(2) Elements.--A notification required by this subsection
shall include the following:
(A) The type of support to be provided to United
States Special Operations Forces, and a description of
the ongoing and authorized operation to be supported.
(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the ongoing and authorized operation that
is to be the recipient of funds.
(C) The type of support to be provided to the
recipient of the funds, and a description of the end-use
monitoring to be used in connection with the use of the
funds.
(D) The amount obligated under the authority to
provide support.
(E) The determination of the Secretary that the
provision of support does not constitute any of the
following:

[[Page 1641]]

(i) A specific authorization within the
meaning of section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)) for the
introduction of United States Armed Forces into
hostilities or situations wherein hostilities are
clearly indicated by circumstances.
(ii) A covert action, as such term is defined
in section 503(e) of the National Security Act of
1947 (50 U.S.C. 3093(e)).
(iii) An authorization for the provision of
support to regular forces, irregular forces,
groups or individuals for the conduct of
operations that United States Special Operations
Forces are not otherwise legally authorized to
conduct themselves.
(iv) The conduct or support of activities,
whether directly or indirectly, that are
inconsistent with the laws of armed conflict.

(e) Limitation on Delegation.--The authority of the Secretary to
make funds available under this section for support of a military
operation may not be delegated.
(f) Construction of Authority.--Nothing in this section shall be
construed to constitute a specific statutory authorization for any of
the following:
(1) The conduct of a covert action, as such term is defined
in section 503(e) of the National Se