[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 115-232
115th Congress
An Act
To authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``John S. McCain
National Defense Authorization Act for Fiscal Year 2019''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2019'' shall be
deemed to be a reference to the ``John S. McCain National Defense
Authorization Act for Fiscal Year 2019''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense
capability.
Subtitle C--Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft
carriers.
Sec. 124. Multiyear procurement authority for standard missile-6.
Sec. 125. Multiyear procurement authority for E-2D aircraft.
Sec. 126. Multiyear procurement authority for F/A-18E/F aircraft and EA-
18G aircraft.
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Sec. 127. Modifications to F/A-18 aircraft to mitigate physiological
episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic
Rifle program.
Sec. 133. Report on degaussing standards for DDG-51 destroyers.
Subtitle D--Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft;
limitation on retirement of KC-10A aircraft.
Sec. 142. Multiyear procurement authority for C-130J aircraft program.
Sec. 143. Contract for logistics support for VC-25B aircraft.
Sec. 144. Retirement date for VC-25A aircraft.
Sec. 145. Repeal of funding restriction for EC-130H Compass Call
Recapitalization Program.
Sec. 146. Limitation on use of funds for KC-46A aircraft pending
submittal of certification.
Sec. 147. Limitation on availability of funds for retirement of E-8
JSTARS Aircraft.
Sec. 148. Report on modernization of B-52H aircraft systems.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F-35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize
physiological episodes in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F-35 Joint Strike Fighter program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of authority to carry out certain prototype
projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common
Component program.
Sec. 214. Limitation on availability of funds for F-35 continuous
capability development and delivery.
Sec. 215. Limitation on availability of funds pending report on agile
software development and software operations.
Sec. 216. Limitation on availability of funds for certain high energy
laser advanced technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department
of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN-73 to support fielding of MQ-25 unmanned
aerial vehicle.
Sec. 220. Establishment of innovators information repository in the
Department of Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation
resources.
Sec. 222. Collaboration between Defense laboratories, industry, and
academia; open campus program.
Sec. 223. Permanent extension and codification of authority to conduct
technology protection features activities during research and
development of defense systems.
Sec. 224. Codification and reauthorization of Defense Research and
Development Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced
personal protective equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for
expedited access to technical talent and expertise at
academic institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
Sec. 231. Partnership intermediaries for promotion of defense research
and education.
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Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon
System.
Sec. 233. Expansion of coordination requirement for support for national
security innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research
and development program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited
access to technical talent and expertise at academic
institutions to support Department of Defense missions.
Sec. 237. Authority for Joint Directed Energy Transition Office to
conduct research relating to high powered microwave
capabilities.
Sec. 238. Joint artificial intelligence research, development, and
transition activities.
Subtitle C--Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T-45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological
episodes affecting aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black
Colleges and Universities and minority institutions program.
Sec. 246. Report on OA-X light attack aircraft applicability to partner
nation support.
Sec. 247. Reports on comparative capabilities of adversaries in key
technology areas.
Sec. 248. Report on active protection systems for armored combat and
tactical vehicles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to
defense laboratories for research and development of
technologies for military missions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical
Lift programs.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle
transmission replacement.
Sec. 255. Independent assessment of electronic warfare plans and
programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
Sec. 313. Use of proceeds from sales of electrical energy derived from
geothermal resources for projects at military installations
where resources are located.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per-
and polyfluoroalkyl substances contamination in drinking
water by agency for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental
takings of marine mammals in the course of specified
activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and
military operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C--Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor
military construction projects related to revitalization and
recapitalization of defense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval
vessels.
Sec. 324. Temporary modification of workload carryover formula.
Sec. 325. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair Facility
in Guam.
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Sec. 326. Business case analysis for proposed relocation of J85 Engine
Regional Repair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment,
Restoration, and Modernization structure and mechanism.
Subtitle D--Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and
unit readiness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed
Forces to conduct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew
certifications.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and
reserve components.
Sec. 338. Report on relocation of steam turbine production from Nimitz-
class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E--Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired
military working dogs outside the continental United States
that are suitable for adoption in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of
members of the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific
Defense Readiness Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities
sustainment, restoration, and modernization demolition.
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie,
Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of
service by age 62 as qualification for original appointment
as a regular commissioned officer.
Sec. 502. Enhancement of availability of constructive service credit for
private sector training or experience upon original
appointment as a commissioned officer.
Sec. 503. Standardized temporary promotion authority across the military
departments for officers in certain grades with critical
skills.
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Sec. 504. Authority for promotion boards to recommend officers of
particular merit be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board
consideration.
Sec. 506. Applicability to additional officer grades of authority for
continuation on active duty of officers in certain military
specialties and career tracks.
Sec. 507. Alternative promotion authority for officers in designated
competitive categories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes
of retirement grade of officers in highest grade of
satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for
warrant officers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required
for permanent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B--Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy
Committee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of
the National Guard Bureau in the execution of functions and
missions of the National Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event
of undue delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired
senior enlisted members of the Army National Guard as Army
National Guard recruiters.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in
support of the mission of the Defense POW/MIA Accounting
Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy
watchstations.
Subtitle D--Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct
constituting aggravated assault for purposes of the Uniform
Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code
of Military Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 534. Report on feasibility of expanding services of the Special
Victims' Counsel to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted
sexual assault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in
cases of sexual assault or domestic violence.
Subtitle E--Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military
judges of the United States Court of Military Commission
Review.
Sec. 542. Security clearance reinvestigation of certain personnel who
commit certain offenses.
Sec. 543. Development of oversight plan for implementation of Department
of Defense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for
the military service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military
criminal investigative organizations.
Subtitle F--Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
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Sec. 552. Improvements to Transition Assistance Program.
Sec. 553. Repeal of program on encouragement of postseparation public
and community service.
Sec. 554. Clarification of application and honorable service
requirements under the Troops-to-Teachers Program to members
of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the
Joint Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining
professional credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve
Officers' Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource
program for retired and discharged members of the Armed
Forces and their immediate families.
Sec. 559. Prohibition on use of funds for attendance of enlisted
personnel at senior level and intermediate level officer
professional military education courses.
Subtitle G--Defense Dependents' Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and
procedures on sexual harassment of students of Activity
schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at
schools located on military installations.
Subtitle H--Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council
matters.
Sec. 572. Enhancement and clarification of family support services for
family members of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive
appointments of military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for
military spouses.
Sec. 575. Assessment and report on the effects of permanent changes of
station on employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare
services at military childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child
abuse and other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse
and training on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military
spouses on military installations in the United States.
Subtitle I--Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military
working dogs.
Sec. 583. Authorization for award of distinguished-service cross to
Justin T. Gallegos for acts of valor during Operation
Enduring Freedom.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States
Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air
Force Academy Board of Visitors with academy visits of boards
of other military service academies.
Sec. 594. National Commission on Military, National, and Public Service
matters.
Sec. 595. Public availability of top-line numbers of deployed members of
the Armed Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with
other service obligations for education or training and
health professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army
Marketing and Advertising Program.
Sec. 600. Proof of period of military service for purposes of interest
rate limitation under the Servicemembers Civil Relief Act.
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TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances
to Navy officers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment
allowance for lengthy or numerous deployments and frequent
mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or civilian travel.
Sec. 604. Extension of parking expenses allowance to civilian employees
at recruiting facilities.
Sec. 605. Eligibility of reserve component members for nonreduction in
pay while serving in the uniformed services or National
Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C--Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation
privileges to certain veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of
special survivor indemnity allowance cost of living
adjustments.
Sec. 623. Authority to award damaged personal protective equipment to
members separating from the Armed Forces and veterans as
mementos of military service.
Sec. 624. Space-available travel on Department of Defense aircraft for
veterans with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers'
Group Life Insurance for members deployed to combat theaters
of operation.
Sec. 626. Access to military installations for certain surviving spouses
and other next of kin of members of the Armed Forces who die
while on active duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale
system.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of
members after redeployment from a contingency operation upon
discharge or release from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual
trauma.
Subtitle B--Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to
support the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal
Employees Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring
programs.
Sec. 716. Pilot program on opioid management in the military health
system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within
the Department of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of
combat-wounded members of the Armed Forces.
Subtitle C--Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 732. Joint forces medical capabilities development and
standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of
members of the Armed Forces and related research efforts.
Sec. 734. Report on requirement for certain former members of the Armed
Forces to enroll in Medicare Part B to be eligible for
TRICARE for Life.
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Sec. 735. Pilot program on earning by special operations forces medics
of credit toward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense
Health Agency oversight of transition between managed care
support contractors for the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care
options for veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M.
Jackson Foundation for the Advancement of Military Medicine.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations
Part I--Consolidation of Defense Acquisition Statutes in New Part V of
Subtitle A of Title 10, United States Code
Sec. 801. Framework for new part V of subtitle A.
Part II--Redesignation of Sections and Chapters of Subtitles B, C, and D
to Provide Room for New Part V of Subtitle A
Sec. 806. Redesignation of sections and chapters of subtitle D of title
10, United States Code--Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title
10, United States Code--Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title
10, United States Code--Army.
Sec. 809. Cross references to redesignated sections and chapters.
Part III--Repeals of Certain Provisions of Defense Acquisition Law
Sec. 811. Amendment to and repeal of statutory requirements for certain
positions or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting
requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 816. Modification of limitations on single source task or delivery
order contracts.
Sec. 817. Preliminary cost analysis requirement for exercise of
multiyear contract authority.
Sec. 818. Revision of requirement to submit information on services
contracts to Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department
of Defense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past
performance of subcontractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for
certified cost and price data.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and
fielding targets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on
Consideration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and
related initiatives.
Subtitle D--Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of
Federal acquisition statutes.
Sec. 837. Limitation on applicability to Department of Defense
commercial contracts of certain provisions of law.
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Sec. 838. Modifications to procurement through commercial e-commerce
portals.
Sec. 839. Review of Federal acquisition regulations on commercial
products, commercial services, and commercially available
off-the-shelf items.
Subtitle E--Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval
vessels.
Sec. 842. Removal of national interest determination requirements for
certain entities.
Sec. 843. Pilot program to test machine-vision technologies to determine
the authenticity and security of microelectronic parts in
weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the
defense industrial base.
Sec. 847. Limitation on procurement of certain items for T-AO-205
program.
Subtitle F--Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration
microloan program.
Sec. 854. Amendments to Small Business Innovation Research Program and
Small Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and
price on small businesses.
Sec. 857. Consolidated budget display for the Department of Defense
Small Business Innovation Research Program and Small Business
Technology Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to
procurement technical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through
Small Business Administration loan programs.
Subtitle G--Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before
sustainment of major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the
Defense Science Board Task Force on the Design and
Acquisition of Software for Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative
development methods required under section 873 of the
National Defense Authorization Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future
acquisitions of combat, combat service, and combat support
systems.
Subtitle H--Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-
allied foreign nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of
Department of Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency
contracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection
process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition
industry-government exchange.
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
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Sec. 886. Procurement of telecommunications supplies for experimental
purposes.
Sec. 887. Access by developmental and operational testing activities to
data regarding modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons
with disabilities.
Sec. 889. Prohibition on certain telecommunications and video
surveillance services or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Report on allocation of former responsibilities of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
Sec. 902. Modification of responsibilities of the Under Secretary of
Defense for Policy.
Sec. 903. Clarification of responsibilities and duties of the Chief
Information Officer of the Department of Defense.
Sec. 904. Technical corrections to Department of Defense Test Resource
Management Center authority.
Sec. 905. Specification of certain duties of the Defense Technical
Information Center.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Comprehensive review of operational and administrative chains-
of-command and functions of the Department of the Navy.
Sec. 912. Modification of certain responsibilities of the Chairman of
the Joint Chiefs of Staff relating to joint force concept
development.
Sec. 913. Clarification of certain risk assessment requirements of the
Chairman of the Joint Chiefs of Staff in connection with the
National Military Strategy.
Sec. 914. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict review of United States Special Operations
Command.
Sec. 915. Expansion of principal duties of Assistant Secretary of the
Navy for Research, Development, and Acquisition.
Sec. 916. Qualifications for appointment as Deputy Chief Management
Officer of a military department.
Sec. 917. Deadline for completion of full implementation of requirements
in connection with organization of the Department of Defense
for management of special operations forces and special
operations.
Sec. 918. Cross-functional teams in the Department of Defense.
Sec. 919. Limitation on transfer of the Chemical, Biological, and
Radiological Defense Division of the Navy.
Subtitle C--Comprehensive Pentagon Bureaucracy Reform and Reduction
Sec. 921. Authorities and responsibilities of the Chief Management
Officer of the Department of Defense.
Sec. 922. Analysis of Department of Defense business management and
operations datasets to promote savings and efficiencies.
Sec. 923. Periodic review of the Defense Agencies and Department of
Defense Field Activities by the Chief Management Officer of
the Department of Defense.
Sec. 924. Actions to increase the efficiency and transparency of the
Defense Logistics Agency.
Sec. 925. Review of functions of Defense Contract Audit Agency and
Defense Contract Management Agency.
Sec. 926. Review and improvement of the operations of the Defense
Finance and Accounting Service.
Sec. 927. Assessment of chief information officer functions in
connection with transition to enterprise-wide management of
information technology and computing.
Sec. 928. Comptroller General of the United States report on cross-
enterprise activities of the Inspectors General of the
Department of Defense.
Sec. 929. General provisions.
Subtitle D--Other Department of Defense Organization and Management
Matters
Sec. 931. Limitation on availability of funds for major headquarters
activities of the Department of Defense.
Sec. 932. John S. McCain Strategic Defense Fellows Program.
Sec. 933. Performance of civilian functions by military personnel.
[[Page 1646]]
Sec. 934. Report on implementation of requirements on estimation and
comparison of costs of civilian and military manpower and
contract support for the Department of Defense.
Sec. 935. Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations, Defense appropriation.
Sec. 936. Responsibility for policy on civilian casualty matters.
Sec. 937. Additional matters in connection with background and security
investigations for Department of Defense personnel.
Sec. 938. Research and development to advance capabilities of the
Department of Defense in data integration and advanced
analytics in connection with personnel security.
Subtitle E--Other Matters
Sec. 941. Trusted information provider program for national security
positions and positions of trust.
Sec. 942. Report on expedited processing of security clearances for
mission-critical positions.
Sec. 943. Report on clearance in person concept.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Expertise in audit remediation.
Sec. 1003. Authority to transfer funds to Director of National
Intelligence for CAPNET.
Sec. 1004. Audit of financial systems of the Department of Defense.
Sec. 1005. Report on auditable financial statements.
Sec. 1006. Transparency of accounting firms used to support Department
of Defense audit.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Inclusion of operation and sustainment costs in annual naval
vessel construction plans.
Sec. 1012. Purchase of vessels using funds in National Defense Sealift
Fund.
Sec. 1013. Purchase of vessels built in foreign shipyards with funds in
National Defense Sealift Fund.
Sec. 1014. Date of listing of vessels as battle force ships in the Naval
Vessel Register and other fleet inventory measures.
Sec. 1015. Technical corrections and clarifications to chapter 633 of
title 10, United States Code, and other provisions of law
regarding naval vessels.
Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft
carriers.
Sec. 1017. Limitation on use of funds for retirement of hospital ships.
Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget
request in annual budget justification materials.
Sec. 1019. Business case analysis of Ready Reserve Force
recapitalization options.
Sec. 1020. Transfer of excess naval vessel to Bahrain.
Subtitle C--Counterterrorism
Sec. 1031. Definition of sensitive military operation.
Sec. 1032. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1041. Strategic guidance documents within the Department of
Defense.
Sec. 1042. Notification on the provision of defense sensitive support.
Sec. 1043. Coordinating United States response to malign foreign
influence operations and campaigns.
Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda
of agreement.
Sec. 1045. Workforce issues for military realignments in the Pacific.
Sec. 1046. Mitigation of operational risks posed to certain military
aircraft by automatic dependent surveillance-broadcast
equipment.
[[Page 1647]]
Sec. 1047. Limitation on availability of funds for unmanned surface
vehicles.
Sec. 1048. Pilot program for Department of Defense controlled
unclassified information in the hands of industry.
Sec. 1049. Critical technologies list.
Sec. 1050. Airborne Hazards and Open Burn Pit Registry.
Sec. 1051. National Security Commission on Artificial Intelligence.
Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1053. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations.
Subtitle E--Studies and Reports
Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained
Total Munitions Requirements and Out-Year inventory numbers.
Sec. 1062. Improvement of annual report on civilian casualties in
connection with United States military operations.
Sec. 1063. Report on capabilities and capacities of Armored Brigade
Combat Teams.
Sec. 1064. Activities and reporting relating to Department of Defense's
Cloud Initiative.
Sec. 1065. Limitation on use of funds for United States Special
Operations Command Global Messaging and Counter-Messaging
platform.
Sec. 1066. Comprehensive review of professionalism and ethics programs
for special operations forces.
Sec. 1067. Munitions assessments and future-years defense program
requirements.
Sec. 1068. Report on establishment of Army Futures Command.
Sec. 1069. Report on cyber-enabled information operations.
Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery.
Sec. 1071. Report on an updated Arctic strategy.
Sec. 1072. Report on use and availability of military installations for
disaster response.
Sec. 1073. Report on Department of Defense participation in Export
Administration Regulations license application review
process.
Sec. 1074. Military aviation readiness review in support of the National
Defense Strategy.
Sec. 1075. Report on highest-priority roles and missions of the
Department of Defense and the Armed Forces.
Subtitle F--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction.
Sec. 1083. Modification of authority to transfer aircraft to other
departments for wildfire suppression purposes.
Sec. 1084. Improvement of database on emergency response capabilities.
Sec. 1085. Disclosure requirements for United States-based foreign media
outlets.
Sec. 1086. United States policy with respect to freedom of navigation
and overflight.
Sec. 1087. National Commission on Military Aviation Safety.
Sec. 1088. Sense of Congress regarding the international borders of the
United States.
Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual
behavior committed on military installations.
Sec. 1090. Recognition of America's veterans.
Sec. 1091. Prohibition of funds for Chinese language instruction
provided by a Confucius Institute.
Sec. 1092. Department of Defense engagement with certain nonprofit
entities in support of missions of deployed United States
personnel around the world.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
certain competitive service positions.
Sec. 1102. Modification of direct hire authority for the Department of
Defense for post-secondary students and recent graduates.
Sec. 1103. Extension of overtime rate authority for Department of the
Navy employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed in
Japan.
Sec. 1104. One-year extension and expansion of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1105. Extension of authority to conduct telework travel expenses
test programs.
[[Page 1648]]
Sec. 1106. Personnel demonstration projects.
Sec. 1107. Expanded flexibility in selecting candidates from referral
lists.
Sec. 1108. Expedited hiring authority for college graduates and post
secondary students.
Sec. 1109. Inapplicability of certification of executive qualifications
by qualification review boards of Office of Personnel
Management for initial appointments to Senior Executive
Service positions in Department of Defense.
Sec. 1110. Engagement with Historically Black Colleges and Universities
and minority-serving institutions for the purposes of
technical workforce enhancement.
Sec. 1111. Inclusion of Strategic Capabilities Office and Defense
Innovation Unit Experimental of the Department of Defense in
personnel management authority to attract experts in science
and engineering.
Sec. 1112. Enhancement of flexible management authorities for science
and technology reinvention laboratories of the Department of
Defense.
Sec. 1113. Inclusion of Office of Secretary of Defense among components
of the Department of Defense covered by direct hire authority
for financial management experts.
Sec. 1114. Alcohol testing of civil service mariners of the Military
Sealift Command assigned to vessels.
Sec. 1115. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build the capacity of foreign
security forces.
Sec. 1202. Clarification of authority for use of advisors and trainers
for training of personnel of foreign ministries with security
missions under defense institution capacity building
authorities.
Sec. 1203. Increase in cost limitation and additional notification
required for small scale construction related to security
cooperation.
Sec. 1204. Technical corrections relating to defense security
cooperation statutory reorganization.
Sec. 1205. Review and report on processes and procedures used to carry
out section 362 of title 10, United States Code.
Sec. 1206. Report on the use of security cooperation authorities.
Sec. 1207. Participation in and support of the Inter-American Defense
College.
Sec. 1208. Naval Small Craft Instruction and Technical Training School.
Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship
Program to include irregular warfare.
Sec. 1210. Modification to Department of Defense State Partnership
Program.
Sec. 1211. Assessment, monitoring, and evaluation of security
cooperation.
Sec. 1212. Legal and policy review of advise, assist, and accompany
missions.
Sec. 1213. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1214. Framework for obtaining concurrence for participation in
activities of regional centers for security studies.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1222. Extension and modification of reporting requirements for
special immigrant visas for Afghan allies program.
Sec. 1223. Afghanistan Security Forces Fund.
Sec. 1224. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1225. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Extension and modification of authority to provide assistance
to the vetted Syrian opposition.
Sec. 1232. Syrian war crimes accountability.
Sec. 1233. Extension of authority to provide assistance to counter the
Islamic State of Iraq and Syria.
Sec. 1234. Limitation on assistance to the Government of Iraq.
Sec. 1235. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1236. Modification of annual report on military power of Iran.
[[Page 1649]]
Sec. 1237. Strategy to counter destabilizing activities of Iran.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1241. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1242. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1243. Determination required regarding material breach of INF
Treaty by the Russian Federation.
Sec. 1244. Comprehensive response to the Russian Federation's material
breach of the INF Treaty.
Sec. 1245. Report on implementation of the New START Treaty.
Sec. 1246. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1247. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1248. Sense of Congress on enhancing deterrence against Russian
aggression in Europe.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Name of United States Indo-Pacific Command.
Sec. 1252. Redesignation, expansion, and extension of Southeast Asia
Maritime Security Initiative.
Sec. 1253. Redesignation and modification of sense of Congress and
initiative for the Indo-Asia-Pacific region.
Sec. 1254. Assessment of and report on geopolitical conditions in the
Indo-Pacific region.
Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-
Pacific region.
Sec. 1256. Reinstatement of reporting requirements with respect to
United States-Hong Kong relations.
Sec. 1257. Strengthening Taiwan's force readiness.
Sec. 1258. Sense of Congress on Taiwan.
Sec. 1259. Prohibition on participation of the People's Republic of
China in Rim of the Pacific (RIMPAC) naval exercises.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1261. United States strategy on China.
Sec. 1262. Report on military and coercive activities of the People's
Republic of China in South China Sea.
Sec. 1263. Requirement for critical languages and expertise in Chinese,
Korean, Russian, Farsi, and Arabic.
Sec. 1264. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to the Republic of Korea.
Sec. 1265. Reports on nuclear capabilities of the Democratic People's
Republic of Korea.
Sec. 1266. Modification of report required under enhancing defense and
security cooperation with India.
Subtitle F--Reports and Other Matters
Sec. 1271. Modification of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1272. United States-Israel countering unmanned aerial systems
cooperation.
Sec. 1273. Enhancement of U.S.-Israel defense cooperation.
Sec. 1274. Review to determine whether the Armed Forces or coalition
partners of the United States violated Federal law or
Department of Defense policy while conducting operations in
Yemen.
Sec. 1275. Report on United States Government security cooperation and
assistance programs with Mexico.
Sec. 1276. Report on Department of Defense missions, operations, and
activities in Niger.
Sec. 1277. Report on the security relationship between the United States
and the Republic of Cyprus.
Sec. 1278. Sense of Congress on detention of United States citizens by
the Government of the Republic of Turkey.
Sec. 1279. Technical amendments related to NATO Support and Procurement
Organization and related NATO agreements.
Sec. 1280. Report on permanent stationing of United States forces in the
Republic of Poland.
Sec. 1281. Report on strengthening NATO cyber defense.
Sec. 1282. Report on status of the United States relationship with the
Republic of Turkey.
[[Page 1650]]
Sec. 1283. Sense of the Congress concerning military-to-military
dialogues.
Sec. 1284. Modifications to Global Engagement Center.
Sec. 1285. Sense of Congress on countering hybrid threats and malign
influence.
Sec. 1286. Initiative to support protection of national security
academic researchers from undue influence and other security
threats.
Sec. 1287. Report on Honduras, Guatemala, and El Salvador.
Sec. 1288. Modification of freedom of navigation reporting requirements.
Sec. 1289. Coordination of efforts to negotiate free trade agreements
with certain sub-Saharan African countries.
Sec. 1290. Certifications regarding actions by Saudi Arabia and the
United Arab Emirates in Yemen.
Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic
Army under Immigration and Nationality Act.
Sec. 1292. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1293. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1294. Modified waiver authority for certain sanctionable
transactions under section 231 of the Countering America's
Adversaries Through Sanctions Act.
Sec. 1295. Rule of construction relating to the use of force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Oversight of health care provided to residents of the Armed
Forces Retirement Home.
Sec. 1414. Modification of authority on acceptance of gifts for the
Armed Forces Retirement Home.
Sec. 1415. Relief for residents of the Armed Forces Retirement Home
impacted by increase in fees.
Sec. 1416. Limitation on applicability of fee increase for residents of
the Armed Forces Retirement Home.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Economical and efficient operation of working capital fund
activities.
Sec. 1423. Consolidation of reporting requirements under the Strategic
and Critical Materials Stock Piling Act.
Sec. 1424. Quarterly briefing on progress of chemical demilitarization
program.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense inspector general.
Sec. 1509. Defense health program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
[[Page 1651]]
Sec. 1512. Special transfer authority.
Sec. 1513. Overseas contingency operations.
Subtitle C--Other Matters
Sec. 1521. Joint Improvised-Threat Defeat Organization.
Sec. 1522. Enduring costs funded through overseas contingency
operations.
Sec. 1523. Comptroller General report on use of funds provided by
overseas contingency operations.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Improvements to acquisition system, personnel, and
organization of space forces.
Sec. 1602. Modifications to Space Rapid Capabilities Office.
Sec. 1603. Rapid, responsive, and reliable space launch.
Sec. 1604. Provision of space situational awareness services and
information.
Sec. 1605. Budget assessments for national security space programs.
Sec. 1606. Improvements to commercial space launch operations.
Sec. 1607. Space warfighting policy, review of space capabilities, and
plan on space warfighting readiness.
Sec. 1608. Use of small- and medium-size buses for strategic and
tactical satellite payloads.
Sec. 1609. Enhancement of positioning, navigation, and timing capacity.
Sec. 1610. Designation of component of Department of Defense responsible
for coordination of modernization efforts relating to
military-code capable GPS receiver cards.
Sec. 1611. Designation of component of Department of Defense responsible
for coordination of hosted payload information.
Sec. 1612. Limitation on availability of funds for Joint Space
Operations Center mission system.
Sec. 1613. Evaluation and enhanced security of supply chain for
protected satellite communications programs and overhead
persistent infrared systems.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Report on enhancements to the Global Positioning System
Operational Control Segment.
Sec. 1616. Report on persistent weather imagery for United States
Central Command.
Sec. 1617. Study on space-based radio frequency mapping.
Sec. 1618. Independent study on space launch locations.
Sec. 1619. Briefing on commercial satellite servicing capabilities.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Role of Under Secretary of Defense for Intelligence.
Sec. 1622. Security vetting for foreign nationals.
Sec. 1623. Department of Defense Counterintelligence polygraph program.
Sec. 1624. Defense intelligence business management systems.
Sec. 1625. Modification to annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the
combatant commands.
Sec. 1626. Framework on governance, mission management, resourcing, and
effective oversight of combat support agencies that are also
elements of the intelligence community.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Reorganization and consolidation of certain cyber provisions.
Sec. 1632. Affirming the authority of the Secretary of Defense to
conduct military activities and operations in cyberspace.
Sec. 1633. Department of Defense Cyber Scholarship Program scholarships
and grants.
Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities
of Department of Defense critical infrastructure.
Sec. 1635. Modification of acquisition authority of the Commander of the
United States Cyber Command.
Sec. 1636. Policy of the United States on cyberspace, cybersecurity,
cyber warfare, and cyber deterrence.
Sec. 1637. Budget display for cyber vulnerability evaluations and
mitigation activities for major weapon systems of the
Department of Defense.
Sec. 1638. Determination of responsibility for the Department of Defense
Information Networks.
Sec. 1639. Procedures and reporting requirement on cybersecurity
breaches and loss of personally identifiable information and
controlled unclassified information.
[[Page 1652]]
Sec. 1640. Program to establish cyber institutes at institutions of
higher learning.
Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program.
Sec. 1642. Active defense against the Russian Federation, People's
Republic of China, Democratic People's Republic of Korea, and
Islamic Republic of Iran attacks in cyberspace.
Sec. 1643. Designation of official for matters relating to integrating
cybersecurity and industrial control systems within the
Department of Defense.
Sec. 1644. Assistance for small manufacturers in the defense industrial
supply chain and universities on matters relating to
cybersecurity.
Sec. 1645. Email and Internet website security and authentication.
Sec. 1646. Security product integration framework.
Sec. 1647. Information security continuous monitoring and cybersecurity
scorecard.
Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1649. Pilot program on modeling and simulation in support of
military homeland defense operations in connection with cyber
attacks on critical infrastructure.
Sec. 1650. Pilot program authority to enhance cybersecurity and
resiliency of critical infrastructure.
Sec. 1651. Pilot program on regional cybersecurity training center for
the Army National Guard.
Sec. 1652. Cyberspace Solarium Commission.
Sec. 1653. Study and report on reserve component cyber civil support
teams.
Sec. 1654. Identification of countries of concern regarding
cybersecurity.
Sec. 1655. Mitigation of risks to national security posed by providers
of information technology products and services who have
obligations to foreign governments.
Sec. 1656. Report on Cybersecurity Apprentice Program.
Sec. 1657. Report on enhancement of software security for critical
systems.
Subtitle D--Nuclear Forces
Sec. 1661. Under Secretary of Defense for Research and Engineering and
the Nuclear Weapons Council.
Sec. 1662. Long-range standoff weapon requirements.
Sec. 1663. Acceleration of ground-based strategic deterrent program and
long-range standoff weapon program.
Sec. 1664. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1665. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1666. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1667. Exchange program for nuclear weapons program employees.
Sec. 1668. Plan to train officers in nuclear command, control, and
communications.
Sec. 1669. Independent study on options to increase Presidential
decision-time regarding nuclear weapons employment.
Sec. 1670. Extension of annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1671. Plan for alignment of acquisition of warhead life extension
programs and delivery vehicles for such warheads.
Sec. 1672. Annual report on development of long-range stand-off weapon.
Sec. 1673. Sense of Congress on nuclear posture of the United States.
Subtitle E--Missile Defense Programs
Sec. 1675. Development of persistent space-based sensor architecture.
Sec. 1676. Boost phase ballistic missile defense.
Sec. 1677. Extension of requirement for reports on unfunded priorities
of Missile Defense Agency.
Sec. 1678. Extension of prohibition relating to missile defense
information and systems.
Sec. 1679. Modification of requirement relating to transition of
ballistic missile defense programs to military departments.
Sec. 1680. Modification of requirement to develop a space-based
ballistic missile intercept layer.
Sec. 1681. Improvements to acquisition processes of Missile Defense
Agency.
Sec. 1682. Layered defense of the United States homeland.
Sec. 1683. Testing of redesigned kill vehicle prior to production and
ground-based midcourse defense acceleration options.
Sec. 1684. Requirements for ballistic missile defense capable ships.
Sec. 1685. Multiyear procurement authority for standard missile-3 IB
guided missiles.
[[Page 1653]]
Sec. 1686. Limitation on availability of funds for Army lower tier air
and missile defense sensor.
Sec. 1687. Missile defense radar in Hawaii.
Sec. 1688. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1689. Acceleration of hypersonic missile defense program.
Sec. 1690. Report on ballistic missile defense.
Sec. 1691. Sense of Congress on allied partnerships for missile defense.
Sec. 1692. Sense of Congress on testing by Missile Defense Agency.
Subtitle F--Other Matters
Sec. 1695. Extension of Commission to Assess the Threat to the United
States from Electromagnetic Pulse Attacks and Similar Events.
Sec. 1696. Procurement of ammonium perchlorate and other chemicals for
use in solid rocket motors.
Sec. 1697. Budget exhibit on support provided to entities outside
Department of Defense.
Sec. 1698. Conventional prompt global strike hypersonic capabilities.
Sec. 1699. Report regarding industrial base for large solid rocket
motors.
TITLE XVII--REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS
Subtitle A--Committee on Foreign Investment in the United States
Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act
of 2018.
Sec. 1702. Findings; sense of Congress.
Sec. 1703. Definitions.
Sec. 1704. Acceptance of written notices.
Sec. 1705. Inclusion of partnership and side agreements in notice.
Sec. 1706. Declarations for certain covered transactions.
Sec. 1707. Stipulations regarding transactions.
Sec. 1708. Authority for unilateral initiation of reviews.
Sec. 1709. Timing for reviews and investigations.
Sec. 1710. Identification of non-notified and non-declared transactions.
Sec. 1711. Submission of certifications to Congress.
Sec. 1712. Analysis by Director of National Intelligence.
Sec. 1713. Information sharing.
Sec. 1714. Action by the President.
Sec. 1715. Judicial review.
Sec. 1716. Considerations for regulations.
Sec. 1717. Membership and staff of Committee.
Sec. 1718. Actions by the Committee to address national security risks.
Sec. 1719. Modification of annual report and other reporting
requirements.
Sec. 1720. Certification of notices and information.
Sec. 1721. Implementation plans.
Sec. 1722. Assessment of need for additional resources for Committee.
Sec. 1723. Funding.
Sec. 1724. Centralization of certain Committee functions.
Sec. 1725. Conforming amendments.
Sec. 1726. Briefing on information from transactions reviewed by
Committee on Foreign Investment in the United States relating
to foreign efforts to influence democratic institutions and
processes.
Sec. 1727. Effective date.
Sec. 1728. Severability.
Subtitle B--Export Control Reform
Sec. 1741. Short title.
Sec. 1742. Definitions.
Part I--Authority and Administration of Controls
Sec. 1751. Short title.
Sec. 1752. Statement of policy.
Sec. 1753. Authority of the President.
Sec. 1754. Additional authorities.
Sec. 1755. Administration of export controls.
Sec. 1756. Licensing.
Sec. 1757. Compliance assistance.
Sec. 1758. Requirements to identify and control the export of emerging
and foundational technologies.
Sec. 1759. Review relating to countries subject to comprehensive United
States arms embargo.
Sec. 1760. Penalties.
[[Page 1654]]
Sec. 1761. Enforcement.
Sec. 1762. Administrative procedure.
Sec. 1763. Review of interagency dispute resolution process.
Sec. 1764. Consultation with other agencies on commodity classification.
Sec. 1765. Annual report to Congress.
Sec. 1766. Repeal.
Sec. 1767. Effect on other Acts.
Sec. 1768. Transition provisions.
Part II--Anti-Boycott Act of 2018
Sec. 1771. Short title.
Sec. 1772. Statement of policy.
Sec. 1773. Foreign boycotts.
Sec. 1774. Enforcement.
Part III--Administrative Authorities
Sec. 1781. Under Secretary of Commerce for Industry and Security.
Subtitle C--Miscellaneous
Sec. 1791. Extension of authority.
Sec. 1792. Limitation on cancellation of designation of Secretary of the
Air Force as Department of Defense Executive Agent for a
certain Defense Production Act program.
Sec. 1793. Review of and report on certain defense technologies critical
to the United States maintaining superior military
capabilities.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2105. Extension of authorizations of certain fiscal year 2016
project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain phased project
authorized in fiscal years 2015, 2016, and 2017.
Sec. 2306. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2308. Additional authority to carry out certain fiscal year 2019
projects.
Sec. 2309. Additional authority to carry out project at Travis Air Force
Base, California, in fiscal year 2019.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2405. Authorization of certain fiscal year 2018 project.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
[[Page 1655]]
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2613. Additional authority to carry out certain fiscal year 2019
project.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Additional authority to realign or close certain military
installations.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Modification of contract authority for acquisition,
construction, or furnishing of test facilities and equipment.
Sec. 2802. Commercial construction standards for facilities on leased
property.
Sec. 2803. Congressional oversight of projects carried out pursuant to
laws other than Military Construction Authorization Acts.
Sec. 2804. Small business set-aside for contracts for architectural and
engineering services and construction design.
Sec. 2805. Updates and modifications to Department of Defense Form 1391,
Unified Facilities Criteria, and military installation master
plans.
Sec. 2806. Work in Process Curve charts and outlay tables for military
construction projects.
Sec. 2807. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2808. Authority to obtain architectural and engineering services
and construction design for defense laboratory modernization
program.
Sec. 2809. Repeal of limitation on certain Guam project.
Sec. 2810. Enhancing force protection and safety on military
installations.
Sec. 2811. Limitation on use of funds for acquisition of furnished
energy for new medical center in Germany.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Force structure plans and infrastructure capabilities
necessary to support the force structure.
Sec. 2822. Exemption of Department of Defense off-site use and off-site
removal only non-mobile properties from certain excess
property disposal requirements.
Sec. 2823. Retrofitting existing windows in military family housing
units to be equipped with fall prevention devices.
Sec. 2824. Updating prohibition on use of certain assessment of public
schools on Department of Defense installations to supersede
funding of certain projects.
Sec. 2825. Study of feasibility of using 20-year intergovernmental
support agreements for installation-support services.
Sec. 2826. Representation of installation interests in negotiations and
proceedings with carriers and other public utilities.
Sec. 2827. Clarification to include National Guard installations in
Readiness and Environmental Protection Integration program.
Subtitle C--Land Conveyances
Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona.
[[Page 1656]]
Sec. 2842. Authority for transfer of administrative jurisdiction over
certain lands, Marine Corps Air Ground Combat Center
Twentynine Palms, California, and Marine Corps Air Station
Yuma, Arizona.
Sec. 2843. Environmental restoration and future conveyance of portion of
former Mare Island Firing Range, Vallejo, California.
Sec. 2844. Release of restrictions, University of California, San Diego.
Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard,
District of Columbia.
Sec. 2846. Land conveyance, Eglin Air Force Base, Florida.
Sec. 2847. Public inventory of Guam land parcels for transfer to
Government of Guam.
Sec. 2848. Modification of conditions on land conveyance, Joliet Army
Ammunition Plant, Illinois.
Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills,
Maryland.
Sec. 2850. Technical correction of description of Limestone Hills
Training Area Land Withdrawal and Reservation, Montana.
Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County,
Utah.
Sec. 2852. Commemoration of Freedman's Village.
Subtitle D--Other Matters
Sec. 2861. Defense community infrastructure pilot program.
Sec. 2862. Strategic plan to improve capabilities of Department of
Defense training ranges and installations.
Sec. 2863. Restrictions on use of funds for development of public
infrastructure in Commonwealth of Northern Mariana Islands.
Sec. 2864. Study and report on inclusion of Coleman Bridge, York River,
Virginia, in Strategic Highway Network.
Sec. 2865. Defense access roads relating to closures due to sea level
fluctuation and flooding.
Sec. 2866. Authority to transfer funds for construction of Indian River
Bridge.
Sec. 2867. Plan to allow increased public access to the National Naval
Aviation Museum and Barrancas National Cemetery, Naval Air
Station Pensacola.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized defense agencies construction and land acquisition
projects.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Restrictions on use of funds for planning and design costs of
European Deterrence Initiative projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Development of low-yield nuclear weapons.
Sec. 3112. Department of Energy counterintelligence polygraph program.
Sec. 3113. Inclusion of capital assets acquisition projects in
activities by Director for Cost Estimating and Program
Evaluation.
Sec. 3114. Modification of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.
Sec. 3115. Notification regarding air release of radioactive or
hazardous material at Hanford Nuclear Reservation.
Sec. 3116. Amendments to the Atomic Energy Act of 1954.
Sec. 3117. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3118. Hanford waste tank cleanup program.
Sec. 3119. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3120. Plutonium pit production.
[[Page 1657]]
Sec. 3121. Pilot program on conduct by Department of Energy of
background reviews for access by certain individuals to
national security laboratories.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Sec. 3123. Prohibition on availability of funds for research and
development of advanced naval nuclear fuel system based on
low-enriched uranium.
Sec. 3124. Limitation on availability of funds relating to submission of
annual reports on unfunded priorities.
Subtitle C--Plans and Reports
Sec. 3131. Modifications to cost-benefit analyses for competition of
management and operating contracts.
Sec. 3132. Nuclear forensics analyses.
Sec. 3133. Review of defense environmental cleanup activities.
Sec. 3134. Whistleblower protections.
Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear
Security Administration.
Sec. 3136. Survey of workforce of national security laboratories and
nuclear weapons production facilities.
Sec. 3137. Elimination of certain reports.
Subtitle D--Other Matters
Sec. 3141. Acceleration of replacement of cesium blood irradiation
sources.
Sec. 3142. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS
lifeboats and fire suppression requirements.
Sec. 3503. Maritime Administration National Security Multi-Mission
Vessel Program.
Sec. 3504. Permanent authority of Secretary of Transportation to issue
vessel war risk insurance.
Sec. 3505. Use of State maritime academy training vessels.
Sec. 3506. Concurrent jurisdiction.
Sec. 3507. United States Merchant Marine Academy policy on sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking.
Sec. 3508. Report on implementation of recommendations for the United
States Merchant Marine Academy Sexual Assault Prevention and
Response Program.
Sec. 3509. Report on the application of the Uniform Code of Military
Justice to the United States Merchant Marine Academy.
Sec. 3510. Electronic records on mariner availability to meet national
security needs.
Sec. 3511. Small shipyard grants.
Sec. 3512. Sea year on contracted vessels.
Sec. 3513. GAO report on national maritime strategy.
Sec. 3514. Multi-year contracts.
Sec. 3515. Miscellaneous.
Sec. 3516. Department of Transportation Inspector General report on
Title XI program.
Subtitle B--Coast Guard
Sec. 3521. Alignment with Department of Defense and sea services
authorities.
Sec. 3522. Preliminary development and demonstration.
Sec. 3523. Contract termination.
Sec. 3524. Reimbursement for travel expenses.
Sec. 3525. Capital investment plan.
Sec. 3526. Major acquisition program risk assessment.
Sec. 3527. Marine safety implementation status.
Sec. 3528. Retirement of Vice Commandant.
Sec. 3529. Large recreational vessel regulations.
[[Page 1658]]
Subtitle C--Coast Guard and Shipping Technical Corrections
Chapter 1--Coast Guard
Sec. 3531. Commandant defined.
Sec. 3532. Training course on workings of Congress.
Sec. 3533. Miscellaneous.
Sec. 3534. Department of Defense consultation.
Sec. 3535. Repeal.
Sec. 3536. Mission need statement.
Sec. 3537. Continuation on active duty.
Sec. 3538. System acquisition authorization.
Sec. 3539. Inventory of real property.
Chapter 2--Maritime Transportation
Sec. 3541. Definitions.
Sec. 3542. Authority to exempt vessels.
Sec. 3543. Passenger vessels.
Sec. 3544. Tank vessels.
Sec. 3545. Grounds for denial or revocation.
Sec. 3546. Miscellaneous corrections to title 46, U.S.C.
Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990.
Sec. 3548. Miscellaneous corrections.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. <> CONGRESSIONAL DEFENSE
COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United States
Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been
[[Page 1659]]
submitted prior to the vote on passage in the House acting first on the
conference report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense
capability.
Subtitle C--Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft
carriers.
Sec. 124. Multiyear procurement authority for standard missile-6.
Sec. 125. Multiyear procurement authority for E-2D aircraft.
Sec. 126. Multiyear procurement authority for F/A-18E/F aircraft and EA-
18G aircraft.
Sec. 127. Modifications to F/A-18 aircraft to mitigate physiological
episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic
Rifle program.
Sec. 133. Report on degaussing standards for DDG-51 destroyers.
Subtitle D--Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft;
limitation on retirement of KC-10A aircraft.
Sec. 142. Multiyear procurement authority for C-130J aircraft program.
Sec. 143. Contract for logistics support for VC-25B aircraft.
Sec. 144. Retirement date for VC-25A aircraft.
Sec. 145. Repeal of funding restriction for EC-130H Compass Call
Recapitalization Program.
Sec. 146. Limitation on use of funds for KC-46A aircraft pending
submittal of certification.
Sec. 147. Limitation on availability of funds for retirement of E-8
JSTARS Aircraft.
Sec. 148. Report on modernization of B-52H aircraft systems.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F-35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize
physiological episodes in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F-35 Joint Strike Fighter program.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table in
section 4101.
[[Page 1660]]
Subtitle B--Army Programs
SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT REPORT.
(a) In General.--Section 10541(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(10) A joint assessment by the Chief of Staff of the Army
and the Chief of the National Guard Bureau on the efforts of the
Army to achieve parity among the active component, the Army
Reserve, and the Army National Guard with respect to equipment
and capabilities. Each assessment shall include a comparison of
the inventory of high priority items of equipment available to
each component of the Army described in preceding sentence,
including--
``(A) AH-64 Attack Helicopters;
``(B) UH-60 Black Hawk Utility Helicopters;
``(C) Abrams Main Battle Tanks;
``(D) Bradley Infantry Fighting Vehicles;
``(E) Stryker Combat Vehicles; and
``(F) any other items of equipment identified as
high priority by the Chief of Staff of the Army or the
Chief of the National Guard Bureau.''.
(b) <> Effective Date.--The amendment
made by subsection (a) shall apply with respect to reports required to
be submitted under section 10541 of title 10, United States Code, after
the date of the enactment of this Act.
SEC. 112. DEPLOYMENT BY THE ARMY OF AN INTERIM CRUISE MISSILE
DEFENSE CAPABILITY.
(a) Certification Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall certify to
the congressional defense committees whether there is a need for the
Army to deploy an interim missile defense capability.
(b) Deployment.--
(1) In general.--If the Secretary of Defense certifies that
there is a need for the Army to deploy an interim missile
defense capability under subsection (a), the Secretary of the
Army shall deploy the capability as follows:
(A) Two batteries of the capability shall be
deployed by not later than September 30, 2020.
(B) Two additional batteries of the capability shall
be deployed by not later than September 30, 2023.
(2) Achievement of deployment deadlines.--In order to meet
the deadlines for deployment specified in paragraph (1) the
Secretary of the Army may--
(A) deploy systems that require the least amount of
development;
(B) procure non-developmental air and missile
defense systems currently in production to ensure rapid
delivery of capability;
(C) use existing systems, components, and
capabilities already in the Joint Force inventory,
including rockets and missiles as available;
(D) use operational information technology for
communication, detection, and fire control that is
certified to work
[[Page 1661]]
with existing joint information technology systems to
ensure interoperability;
(E) engage and collaborate with officials,
organizations, and activities of the Department of
Defense with responsibilities relating to science and
technology, engineering, testing, and acquisition,
including the Defense Innovation United Experimental,
the Director of Operational Test and Evaluation, the
Defense Digital Service, the Strategic Capabilities
Office, and the Rapid Capabilities offices, to
accelerate the development, testing, and deployment of
existing systems;
(F) use institutional and operational basing to
facilitate rapid training and fielding;
(G) consider a range of direct energy weapon systems
to compete for the 2023 deployment specified in
paragraph (1)(B); and
(H) carry out such other activities as the Secretary
determines to be appropriate.
(3) Authorities.--In carrying out paragraphs (1) and (2),
Secretary of the Army may use any authority of the Secretary
relating to acquisition, technology transfer, and personnel
management that the Secretary considers appropriate, including
rapid acquisition and rapid prototyping authorities, to resource
and procure an interim missile defense capability.
(4) Waiver.--The Secretary of the Army may waive the
deadlines for deployment specified in paragraph (1) if the
Secretary determines that sufficient funds have not been
appropriated to enable the Secretary to meet such deadlines.
(c) In General.--If the Secretary of the Army will deploy an interim
missile defense capability pursuant to subsection (b), then, by not
later than March 1, 2019, the Secretary, in consultation with the Chief
of Staff of the Army, shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing that
includes--
(1) recommendations identifying any interim missile defense
capabilities to be deployed and a proposed rapid acquisition
schedule for such capabilities;
(2) a plan to rapidly resource any identified shortfalls for
any such capability selected for deployment; and
(3) a schedule and timeline for the fielding and deployment
of any such capability.
(d) Interim Missile Defense Capability Defined.--In this section,
the term ``interim missile defense capability'' means a fixed-site,
cruise missile defense capability that may be deployed before the
Indirect Fire Protection Capability of the Army becomes fully
operational.
Subtitle C--Navy Programs
SEC. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER
PROGRAM.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts, beginning with the fiscal year
2019 program year, for the procurement of one Ford class
aircraft carrier to be designated CVN-81.
[[Page 1662]]
(2) Procurement in conjunction with cvn-80.--The aircraft
carrier authorized to be procured under paragraph (1) may be
procured as an addition to the contract covering the Ford class
aircraft carrier designated CVN-80 that is authorized to be
constructed under section 121 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2104).
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of Defense certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the Ford class aircraft
carrier program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated obligations and expenditures by
fiscal year for CVN-80 and CVN-81, by hull, without the
authority provided in subsection (a);
(B) the estimated obligations and expenditures by
fiscal year for CVN-80 and CVN-81, by hull, with the
authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal
year for CVN-80 and CVN-81, by hull, with the authority
provided in subsection (a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be acquired
and that the technical risks associated with such property are
not excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required to
execute the program without cancellation.
(7) The contract will be a fixed price type contract.
(c) Use of Incremental Funding.--With respect to a contract entered
into under subsection (a), the Secretary of the Navy may use incremental
funding to make payments under the contract. No such payments may be
obligated after the date that is 11 months after the date on which the
fitting out of the aircraft carrier associated with the contract is
completed.
[[Page 1663]]
(d) Liability.--A contract entered into under subsection (a) shall
provide that the total liability to the Government for termination of
the contract entered into shall be limited to the total amount of
funding obligated at the time of termination.
(e) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(f) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given that term in
section 2366a(d) of title 10, United States Code.
SEC. 122. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIRCRAFT CARRIER.
The Secretary of the Navy shall ensure that full ship shock trials
results are incorporated into the construction of the Ford class
aircraft carrier designated CVN-81.
SEC. 123. SENSE OF CONGRESS ON ACCELERATED PRODUCTION OF AIRCRAFT
CARRIERS.
It is the sense of Congress that the United States should accelerate
the production of aircraft carriers to rapidly achieve the Navy's goal
of having 12 operational aircraft carriers.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD MISSILE-6.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2019 program year, for the procurement of up to 625 standard missile-6
missiles at a rate of not more than 125 missiles per year during the
covered period.
(b) Authority for Advance Procurement and Economic Order Quantity.--
The Secretary may enter into one or more contracts for advance
procurement associated with the missiles (including economic order
quantity) for which authorization to enter into a multiyear procurement
contract is provided under subsection (a).
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Covered Period Defined.--In this section, the term ``covered
period'' means the 5-year period beginning with the fiscal year 2019
program year and ending with the fiscal year 2023 program year.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2D AIRCRAFT.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2019 program year, for the procurement of up to 24 E-2D aircraft.
[[Page 1664]]
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F AIRCRAFT
AND EA-18G AIRCRAFT.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2019 program year, for the procurement of the following:
(1) F/A-18E/F aircraft.
(2) EA-18G aircraft.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(c) Authority for Advance Procurement and Economic Order Quantity.--
The Secretary of the Navy may enter into one or more contracts,
beginning in fiscal year 2019, for advance procurement associated with
the aircraft for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), which may include
one or more contracts for the procurement of economic order quantities
of material and equipment for such aircraft.
SEC. 127. MODIFICATIONS TO F/A-18 AIRCRAFT TO MITIGATE
PHYSIOLOGICAL EPISODES.
(a) Modifications Required.--The Secretary of the Navy shall modify
the F/A-18 aircraft to reduce the occurrence of, and mitigate the risk
posed by, physiological episodes affecting crewmembers of the aircraft.
The modifications shall include, at minimum--
(1) replacement of the F/A-18 cockpit altimeter;
(2) upgrade of the F/A-18 onboard oxygen generation system;
(3) redesign of the F/A-18 aircraft life support systems
required to meet onboard oxygen generation system input
specifications; and
(4) installation of equipment associated with improved F/A-
18 physiological monitoring and alert systems.
(b) Report Required.--Not later than February 1, 2019, and annually
thereafter through February 1, 2021, the Secretary of the Navy shall
submit to the congressional defense committees a written update on the
status of all modifications to the F/A-18 aircraft carried out by the
Secretary pursuant to subsection (a).
(c) Waiver.--The Secretary of the Navy may waive the requirement to
make a modification under subsection (a) if the Secretary certifies to
the congressional defense committees that the specific modification is
inadvisable and provides a detailed justification for excluding the
modification from the Navy's planned upgrades for the F/A-18 aircraft.
[[Page 1665]]
SEC. 128. FRIGATE CLASS SHIP PROGRAM.
(a) In General.--As part of the solicitation for proposals for the
procurement of any frigate class ship in any of fiscal years 2019, 2020,
or 2021, the Secretary of the Navy shall require that offerors submit
proposals under which the offeror agrees to convey technical data to the
Federal Government in the event the offeror is awarded the frigate
construction contract associated with the proposal.
(b) Technical Data Defined.--In this section, the term ``technical
data'' means a compilation of detailed engineering plans and
specifications for the construction of a frigate class ship.
SEC. 129. CONTRACT REQUIREMENT FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) <> is amended--
(1) by redesignating subsection (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c), the following:
``(d) Contract Requirement.--
``(1) In general.--The Secretary of the Navy shall ensure
that a contract entered into under subsection (a) includes an
option to procure a Virginia class submarine in each of fiscal
years 2022 and 2023.
``(2) Option defined.--In this subsection, the term `option'
has the meaning given that term in part 2.101 of the Federal
Acquisition Regulation.''.
SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT
WATERBORNE SECURITY BARRIERS.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or otherwise
made available for the Department of Defense for fiscal year 2019 may be
obligated or expended to procure legacy waterborne security barriers for
Navy ports.
(b) Waiver.--The Secretary of the Navy may waive the prohibition in
subsection (a) not less than 30 days after submitting to the
congressional defense committees--
(1) a Navy requirements document that specifies key
performance parameters and key system attributes for new
waterborne security barriers for Navy ports;
(2) a certification that the level of capability specified
under paragraph (1) will meet or exceed that of legacy
waterborne security barriers for Navy ports;
(3) the acquisition strategy for the recapitalization of
legacy waterborne security barriers for Navy ports, which shall
meet or exceed the requirements specified under paragraph (1);
and
(4) a certification that any contract for new waterborne
security barriers for a Navy port will be awarded in accordance
with the requirements for full and open competition set forth in
section 2304 of title 10, United States Code.
(c) Exception.--The prohibition in subsection (a) shall not apply to
any of the following activities:
(1) The sustainment, refurbishment, and replacement of
portions of existing waterborne security barriers at Navy ports
due to normal wear and tear.
[[Page 1666]]
(2) The procurement of new waterborne security barriers for
Navy ports due to exigent circumstances.
SEC. 131. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE
SHIPBUILDING CONTRACTS FOR CERTAIN
VESSELS.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328), as amended by section 127 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), <> is further amended by striking ``or
fiscal year 2018'' and inserting ``, fiscal year 2018, or fiscal year
2019''.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR M27 INFANTRY
AUTOMATIC RIFLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2019 for the M27
Infantry Automatic Rifle program of the Marine Corps, not more than 80
percent may be obligated or expended until the date on which the
Commandant of the Marine Corps submits to the Committees on Armed
Services of the Senate and the House of Representatives the assessment
described in subsection (b).
(b) Assessment.--The assessment described in this subsection is a
written summary of the views of the Marine Corps with respect to the
Small Arms Ammunition Configuration Study of the Army, including--
(1) an explanation of how the study informs the future small
arms modernization requirements of the Marine Corps; and
(2) near-term and long-term modernization strategies for the
small arms weapon systems of the Marine Corps, including
associated funding and schedule profiles.
SEC. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG-51 DESTROYERS.
(a) Report Required.--Not later than February 1, 2019, the Secretary
of the Navy shall submit to the congressional defense committees a
report on degaussing standards for the DDG-51 destroyer.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a detailed description of the current degaussing
standards for the DDG-51 destroyer;
(2) a plan for incorporating such standards into the
destroyer construction program; and
(3) an assessment of the requirement to backfit such
standards to in-service destroyers.
Subtitle D--Air Force Programs
SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING TANKER AIRCRAFT;
LIMITATION ON RETIREMENT OF KC-10A
AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(j)(1) Except as provided in paragraph (2), effective October 1,
2019, the Secretary of the Air Force shall maintain a total
[[Page 1667]]
aircraft inventory of air refueling tanker aircraft of not less than 479
aircraft.
``(2) The Secretary of the Air Force may reduce the number of air
refueling tanker aircraft in the total aircraft inventory of the Air
Force below 479 only if--
``(A) the Secretary certifies to the congressional defense
committees that such reduction is justified by the results of
the mobility capability and requirements study conducted under
section 144(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91); and
``(B) a period of 30 days has elapsed following the date on
which the certification is made to the congressional defense
committees under subparagraph (A).
``(3) In this subsection:
``(A) The term `air refueling tanker aircraft' means an
aircraft that has as its primary mission the refueling of other
aircraft.
``(B) The term `total aircraft inventory' means aircraft
authorized to a flying unit for operations or training.''.
(b) Limitation on Retirement of KC-10A.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for any
fiscal year for the Air Force may be obligated or expended to
retire, or to prepare to retire, any KC-10A aircraft until the
date that is 30 days after the date on which the Secretary of
the Air Force certifies to the congressional defense committees
that Secretary has met the minimum inventory requirement under
section 8062(j) of title 10, United States Code, as added by
subsection (a) of this section.
(2) Exception for certain aircraft.--The requirement of
paragraph (1) does not apply to individual KC-10A aircraft that
the Secretary of the Air Force determines, on a case-by-case
basis, to be non-operational because of mishaps, other damage,
or being uneconomical to repair.
SEC. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Air Force may
enter into one or more multiyear contracts, beginning with the fiscal
year 2019 program year, for the procurement of--
(1) C-130J aircraft for the Air Force; and
(2) C-130J aircraft for the Navy and the Marine Corps
pursuant to the agreement described in subsection (b).
(b) Agreement Described.--The agreement described in this subsection
is the agreement between the Secretary of the Navy and the Secretary of
the Air Force under which the Secretary of the Air Force acts as the
executive agent for the Department of the Navy for purposes of procuring
C-130J aircraft for such Department.
(c) Authority for Advance Procurement and Economic Order Quantity.--
The Secretary of the Air Force may enter into one or more contracts for
advance procurement associated with the C-130J aircraft, including
economic order quantity, for which authorization to enter into a
multiyear procurement contract is provided under subsection (a).
[[Page 1668]]
(d) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
for that purpose for such later fiscal year.
(e) Treatment of Fiscal Year 2018 Aircraft.--The multiyear contract
authority under subsection (a) includes C-130J aircraft for which funds
were appropriated for fiscal year 2018.
SEC. 143. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
The Secretary of the Air Force shall--
(1) ensure that the total period of any contract awarded for
logistics support for the VC-25B aircraft does not exceed five
years, as required under part 17.204(e) of the Federal
Acquisition Regulation, unless otherwise approved in accordance
with established procedures; and
(2) comply with section 2304 of title 10, United States
Code, regarding full and open competition through the use of
competitive procedures for the award of any logistics support
contract following the initial five-year contract period.
SEC. 144. RETIREMENT DATE FOR VC-25A AIRCRAFT.
(a) In General.--For purposes of the application of section 2244a of
title 10, United States Code, the retirement date of the covered
aircraft is deemed to be not later than December 31, 2025.
(b) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means the two VC-25A aircraft of the Air Force that are in
service as of the date of the enactment of this Act.
SEC. 145. REPEAL OF FUNDING RESTRICTION FOR EC-130H COMPASS CALL
RECAPITALIZATION PROGRAM.
Section 131 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2037) is repealed.
SEC. 146. LIMITATION ON USE OF FUNDS FOR KC-46A AIRCRAFT PENDING
SUBMITTAL OF CERTIFICATION.
(a) Certification Required.--The Secretary of the Air Force shall
submit to the congressional defense committees certification that, as of
the date of the certification--
(1) the supplemental type certification and the military
type certification for the KC-46A aircraft have been approved;
and
(2) the Air Force has accepted the delivery of the first KC-
46A aircraft.
(b) Limitation on Use of Funds.--
(1) Limitation.--Notwithstanding any other provision of this
Act, none of the funds authorized to be appropriated or
otherwise made available by this Act for fiscal year 2019 for
Aircraft Procurement, Air Force, may be obligated or expended to
procure the covered aircraft until the Secretary of the Air
Force submits the certification required under subsection (a).
(2) Covered aircraft defined.--In this subsection, the term
``covered aircraft'' means three of the KC-46A aircraft
authorized to be procured by this Act.
[[Page 1669]]
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-
8 JSTARS AIRCRAFT.
(a) Limitation on Availability of Funds for Retirement.--Except as
provided in subsection (b), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2019 or any subsequent fiscal year for the Air Force may be obligated or
expended to retire, or prepare to retire, any E-8 Joint Surveillance
Target Attack Radar System aircraft until the date on which the
Secretary of the Defense certifies to the congressional defense
committees that Increment 2 of the Advanced Battle-Management System of
the Air Force has declared initial operational capability as defined in
the Capability Development Document for the System.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual E-8C Joint Surveillance Target Attack Radar System aircraft
that the Secretary of the Air Force determines, on a case-by-case basis,
to be no longer mission capable because of mishaps, other damage, or
being uneconomical to repair.
(c) Certification Required.--Not later than March 1, 2019, the
Secretary of Defense, on a nondelegable basis, shall certify to the
congressional defense committees that--
(1) the Secretary of the Air Force is taking all reasonable
steps to ensure the legacy E-8C Joint Surveillance Target Radar
System aircraft that the Air Force continues to operate meet all
safety requirements;
(2) the Secretary of the Air Force has developed and
implemented a funding strategy to increase the operational and
maintenance availability of the legacy E-8C Joint Surveillance
Target Radar System aircraft that the Air Force continues to
operate;
(3) the Advanced Battle-Management System Increment 1, 2,
and 3 acquisition and fielding strategy is executable and that
sufficient funds will be available to achieve all elements of
the System as described in the Capability Development Document
for the System; and
(4) in coordination with each separate geographic combatant
commander, that the Secretary of the Air Force is implementing
defined and measurable actions to meet the operational planning
and steady-state force presentation requirements for Ground-
Moving Target Indicator intelligence and Battle-Management,
Command and Control towards a moderate level of risk until
Increment 2 of the Advanced Battle-Management System declares
initial operational capability.
(d) GAO Report and Briefing.--
(1) Report required.--Not later than March 1, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on Increment I,
Increment 2, and Increment 3 of the 21st Century Advanced Battle
Management System of Systems capability of the Air Force. The
report shall include a review of--
(A) the technologies that compose the capability and
the level of maturation of such technologies;
(B) the resources budgeted for the capability;
(C) the fielding plan for the capability;
(D) any risk assessments associated with the
capability; and
(E) the overall acquisition strategy for the
capability.
[[Page 1670]]
(2) Interim briefing.--Not later than March 1, 2019, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives and
the Senate a briefing on the topics to be covered by the report
under paragraph (1), including any preliminary data and any
issues or concerns of the Comptroller General relating to the
report.
(e) Air Force Report.--Not later than February 5, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the legacy fleet of E-8C Joint Surveillance
Target Attack Radar System aircraft that includes--
(1) the modernization and sustainment strategy, and
associated costs, for the airframe and mission systems that will
be used to maintain the legacy fleet of such aircraft until the
planned retirement of the aircraft; and
(2) a plan that will provide combatant commanders with an
increased level of E-8C force support.
(f) E-8C Force Presentation Requirement.--
(1) In general.--Beginning not later than October 1, 2020,
and until the retirement of the E-8C aircraft fleet, the
Secretary of the Air Force shall provide not fewer than 6
dedicated E-8C aircraft each fiscal year for allocation to the
geographical combatant commanders through the Intelligence,
Surveillance, and Reconnaissance Global Force Management
Allocation Process.
(2) Exception.--If the Secretary of the Air Force is unable
to meet the requirements of paragraph (1), the Secretary of
Defense, on a nondelegable basis, may waive the requirements for
a fiscal year and shall provide to the congressional defense
committees a notice of waiver issuance and justification.
(g) Air Force Briefing Requirement.--Beginning not later than
October 1, 2018, and on a quarterly basis thereafter, the Secretary of
the Air Force shall provide to the congressional defense committees a
program update briefing on the Advanced Battle-Management System of the
Air Force, and all associated technologies.
SEC. 148. REPORT ON MODERNIZATION OF B-52H AIRCRAFT SYSTEMS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on the long term
modernization of the B-52H aircraft.
(b) Elements.--The report required under subsection (a) shall
include--
(1) an estimated timeline for the modernization of the B-52H
aircraft; and
(2) modernization requirements with respect to the
integrated systems of the aircraft, including--
(A) electronic warfare and defensive systems;
(B) communications, including secure jam resistant
capability;
(C) radar replacement;
(D) engine replacement;
(E) future weapons and targeting capability; and
(F) mission planning systems.
[[Page 1671]]
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER VESSELS.
(a) Procurement Authority.--
(1) In general.--In addition to the icebreaker vessel
authorized to be procured under section 122(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), the Secretary of the department in which the Coast Guard is
operating may enter into one or more contracts for the
procurement of up to five additional polar-class icebreaker
vessels.
(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2019 is subject to
the availability of appropriations or funds for that purpose for
such later fiscal year.
(b) Sense of Congress.--It is the sense of Congress that the Coast
Guard should maintain an inventory of not fewer than six polar-class
icebreaker vessels beginning not later than fiscal year 2029 and, to
achieve such inventory, should--
(1) award a contract for the first new polar-class
icebreaker not later than fiscal year 2019;
(2) deliver the first new polar-class icebreaker not later
than fiscal year 2023;
(3) start construction on the second through sixth new
polar-class icebreakers at a rate of one vessel per year in
fiscal years 2022 through 2026; and
(4) accept delivery of the second through sixth new polar-
class icebreakers at a rate of one vessel per year in fiscal
years 2025 through 2029.
SEC. 152. BUY-TO-BUDGET ACQUISITION OF F-35 AIRCRAFT.
Subject to section 2308 of title 10, United States Code, using funds
authorized to be appropriated by this Act for the procurement of F-35
aircraft, the Secretary of Defense may procure a quantity of F-35
aircraft in excess of the quantity authorized by this Act if such
additional procurement does not require additional funds to be
authorized to be appropriated because of production efficiencies or
other cost reductions.
SEC. 153. CERTIFICATION ON INCLUSION OF TECHNOLOGY TO MINIMIZE
PHYSIOLOGICAL EPISODES IN CERTAIN
AIRCRAFT.
(a) Certification Required.--Not later than 15 days before entering
into a contract for the procurement of a covered aircraft, the Secretary
concerned shall submit to the congressional defense committees a written
statement certifying that the aircraft to be procured under the contract
will include the most recent technological advancements necessary to
minimize the impact of physiological episodes on aircraft crewmembers.
(b) Waiver.--The Secretary concerned may waive the requirement of
subsection (a) if the Secretary--
(1) determines the waiver is required in the interest of
national security; and
[[Page 1672]]
(2) not later than 15 days before entering into a contract
for the procurement of a covered aircraft, notifies the
congressional defense committees of the rationale for the
waiver.
(c) Termination.--The requirement to submit a certification under
subsection (a) shall terminate on September 30, 2021.
(d) Definitions.--In this section:
(1) The term ``covered aircraft'' means a fighter aircraft,
an attack aircraft, or a fixed wing trainer aircraft.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Navy, with respect to
covered aircraft of Navy; and
(B) the Secretary of the Air Force, with respect to
covered aircraft of the Air Force.
SEC. 154. <> ARMORED COMMERCIAL
PASSENGER-CARRYING VEHICLES.
(a) Implementation of GAO Recommendations.--In accordance with the
recommendations of the Government Accountability Office in the report
titled ``Armored Commercial Vehicles: DOD Has Procurement Guidance, but
Army Could Take Actions to Enhance Inspections and Oversight'' (GAO-17-
513), not later than 180 days after the date of the enactment of this
Act, the Secretary of Army shall--
(1) ensure that in-progress inspections are conducted at the
armoring vendor's facility for each procurement of an armored
commercial passenger-carrying vehicles until the date on which
the Secretary of Defense approves and implements an updated
armoring and inspection standard for such vehicles; and
(2) designate a central point of contact for collecting and
reporting information on armored commercial passenger-carrying
vehicles (such as information on contracts execution and vehicle
inspections).
(b) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the progress of the
Secretary in implementing Department of Defense Instruction O-2000.16
Volume 1, dated November 2016, with respect to armored commercial
passenger-carrying vehicles, including--
(1) whether criteria for the procurement of such vehicles
have been established and distributed to the relevant components
of the Department; and
(2) whether a process is in place for ensuring that the
relevant components of the Department incorporate those criteria
into contracts for such vehicles.
SEC. 155. QUARTERLY UPDATES ON THE F-35 JOINT STRIKE FIGHTER
PROGRAM.
(a) In General.--Beginning not later than October 1, 2018, and on a
quarterly basis thereafter through October 1, 2022, the Under Secretary
of Defense for Acquisition and Sustainment shall provide to the
congressional defense committees a briefing on the progress of the F-35
Joint Strike Fighter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the F-35 Joint Strike Fighter program, the following
elements:
(1) An overview of the program schedule.
[[Page 1673]]
(2) A description of each contract awarded under the
program, including a description of the type of contract and the
status of the contract.
(3) An assessment of the status of the program with respect
to--
(A) modernization;
(B) modification;
(C) testing;
(D) delivery;
(E) sustainment;
(F) program management; and
(G) efforts to ensure that excessive sustainment
costs do not threaten the ability of the Department of
Defense to purchase the required number of aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of authority to carry out certain prototype
projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common
Component program.
Sec. 214. Limitation on availability of funds for F-35 continuous
capability development and delivery.
Sec. 215. Limitation on availability of funds pending report on agile
software development and software operations.
Sec. 216. Limitation on availability of funds for certain high energy
laser advanced technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department
of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN-73 to support fielding of MQ-25 unmanned
aerial vehicle.
Sec. 220. Establishment of innovators information repository in the
Department of Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation
resources.
Sec. 222. Collaboration between Defense laboratories, industry, and
academia; open campus program.
Sec. 223. Permanent extension and codification of authority to conduct
technology protection features activities during research and
development of defense systems.
Sec. 224. Codification and reauthorization of Defense Research and
Development Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced
personal protective equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for
expedited access to technical talent and expertise at
academic institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
Sec. 231. Partnership intermediaries for promotion of defense research
and education.
Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon
System.
Sec. 233. Expansion of coordination requirement for support for national
security innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research
and development program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited
access to technical talent and expertise at academic
institutions to support Department of Defense missions.
[[Page 1674]]
Sec. 237. Authority for Joint Directed Energy Transition Office to
conduct research relating to high powered microwave
capabilities.
Sec. 238. Joint artificial intelligence research, development, and
transition activities.
Subtitle C--Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T-45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological
episodes affecting aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black
Colleges and Universities and minority institutions program.
Sec. 246. Report on OA-X light attack aircraft applicability to partner
nation support.
Sec. 247. Reports on comparative capabilities of adversaries in key
technology areas.
Sec. 248. Report on active protection systems for armored combat and
tactical vehicles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to
defense laboratories for research and development of
technologies for military missions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical
Lift programs.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle
transmission replacement.
Sec. 255. Independent assessment of electronic warfare plans and
programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 2371b of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), in the matter before clause
(i), by striking ``(for a prototype project)'' and
inserting ``for a prototype project, and any follow-on
production contract or transaction that is awarded
pursuant to subsection (f),'';
(B) in subparagraph (B)--
(i) in the matter before clause (i), by
striking ``(for a prototype project)'' and
inserting ``for a prototype project, and any
follow-on production contract or transaction that
is awarded pursuant to subsection (f),''; and
(ii) in clause (i), in the matter before
subclause (I), by striking ``Under Secretary of
Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under
[[Page 1675]]
Secretary of Defense for Research and Engineering
or the Under Secretary of Defense for Acquisition
and Sustainment'';
(C) in paragraph (3), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretaries of Defense'';
(2) in subsection (b)(2), by inserting ``the prototype''
after ``carry out''; and
(3) in subsection (f)--
(A) by redesignating paragraph (3) as paragraph (5);
and
(B) by inserting after paragraph (2) the following
new paragraphs:
``(3) A follow-on production contract or transaction may be awarded,
pursuant to this subsection, when the Department determines that an
individual prototype or prototype subproject as part of a consortium is
successfully completed by the participants.
``(4) Award of a follow-on production contract or transaction
pursuant to the terms under this subsection is not contingent upon the
successful completion of all activities within a consortium as a
condition for an award for follow-on production of a successfully
completed prototype or prototype subproject within that consortium.''.
SEC. 212. EXTENSION OF DIRECTED ENERGY PROTOTYPE AUTHORITY.
Section 219(c)(4) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended--
(1) in subparagraph (A), by striking ``Except as provided in
subparagraph (B)'' and inserting ``Except as provided in
subparagraph (C)'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) Except as provided in subparagraph (C) and subject to
the availability of appropriations for such purpose, of the
funds authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2019 or otherwise made
available for fiscal year 2019 for research, development, test,
and evaluation, defense-wide, up to $100,000,000 may be
available to the Under Secretary to allocate to the military
departments, the defense agencies, and the combatant commands to
carry out the program established under paragraph (1).''; and
(4) in subparagraph (C), as so redesignated, by striking
``made available under subparagraph (A)'' and inserting ``made
available under subparagraph (A) or subparagraph (B)''.
SEC. 213. PROHIBITION ON AVAILABILITY OF FUNDS FOR THE WEATHER
COMMON COMPONENT PROGRAM.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2019 for research,
development, test, and evaluation, Air Force, for weather service (PE
0305111F, Project 672738) for product development, test and evaluation,
and management services associated with the Weather Common Component
program may be obligated or expended.
(b) Report Required.--
[[Page 1676]]
(1) In general.--The Secretary of the Air Force shall submit
to the congressional defense committees a report on technologies
and capabilities that--
(A) provide real-time or near real-time
meteorological situational awareness data through the
use of sensors installed on manned and unmanned
aircraft; and
(B) were developed primarily using funds of the
Department of Defense.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of all technologies and
capabilities described in paragraph (1) that exist as of
the date on which the report is submitted;
(B) a description of any testing activities that
have been completed for such technologies and
capabilities, and the results of those testing
activities;
(C) the total amount of funds used by the Department
of Defense for the development of such technologies and
capabilities;
(D) a list of capability gaps or shortfalls in any
major commands of the Air Force relating to the
gathering, processing, exploitation, and dissemination
of real-time or near real-time meteorological
situational awareness data for unmanned systems;
(E) an explanation of how such gaps or shortfalls
may be remedied to supplement the weather forecasting
capabilities of the Air Force and to enhance the
efficiency or effectiveness of combat air power; and
(F) a plan for fielding existing technologies and
capabilities to mitigate such gaps or shortfalls.
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 CONTINUOUS
CAPABILITY DEVELOPMENT AND DELIVERY.
(a) Limitation.--Except as provided in subsection (b), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2019 for the F-35 continuous capability development and
delivery program, not more than 75 percent may be obligated or expended
until a period of 15 days has elapsed following the date on which the
Secretary of Defense submits to the congressional defense committees a
detailed cost estimate and baseline schedule for the program, which
shall include any information required for a major defense acquisition
program under section 2435 of title 10, United States Code.
(b) Exception.--The limitation in subsection (a) does not apply to
any funds authorized to be appropriated or otherwise made available for
the development of the F-35 dual capable aircraft capability.
SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON
AGILE SOFTWARE DEVELOPMENT AND SOFTWARE
OPERATIONS.
(a) Limitation.--Of the of funds described in subsection (d), not
more than 80 percent may be obligated or expended until a period of 30
days has elapsed following the date on which the Secretary of the Air
Force submits the report required under subsection (b).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Air Force, in consultation
[[Page 1677]]
with the Director of Defense Pricing/Defense Procurement and Acquisition
Policy and the Director of the Defense Digital Service, shall submit to
the congressional defense committees a report that includes a
description of each of the following:
(1) How cost estimates in support of modernization and
upgrade activities for Air and Space Operations Centers are
being conducted and using what methods.
(2) The contracting strategy and types of contracts being
used to execute Agile Software Development and Software
Operations (referred to in this section as ``Agile DevOps'')
activities.
(3) How intellectual property ownership issues associated
with software applications developed with Agile DevOps processes
will be addressed to ensure future sustainment, maintenance, and
upgrades to software applications after the applications are
fielded.
(4) A description of the tools and software applications
that have been developed for the Air and Space Operations
Centers and the costs and cost categories associated with each.
(5) Challenges the Air Force has faced in executing
acquisition activities modernizing the Air and Space Operations
Centers and how the Air Force plans to address the challenges
identified.
(6) The Secretary's strategy for ensuring that software
applications developed for Air Operations Centers are
transportable and translatable among all the Centers to avoid
any duplication of efforts.
(c) Review.--Before submitting the report under subsection (b), the
Secretary of the Air Force shall ensure that the report is reviewed and
approved by the Director of Defense Pricing/Defense Procurement and
Acquisition Policy.
(d) Funds Described.--The funds described in this subsection are the
following:
(1) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for research,
development, test, and evaluation, Air Force, for Air and Space
Operations Centers (PE 0207410F, Project 674596).
(2) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for other
procurement, Air Force, for Air and Space Operations Centers.
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN HIGH
ENERGY LASER ADVANCED TECHNOLOGY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2019 for the Department
of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z),
not more than 50 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees a roadmap and detailed assessment of the high energy laser
programs of the Department of Defense, which shall include plans for
coordination across the Department and transition to programs of record.
(b) Rule of Construction.--The limitation in subsection (a) shall
not be construed to apply to any other high energy laser program of the
Department of Defense other than the program element specified in such
subsection.
[[Page 1678]]
SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--Not later than March 1, 2019, the Secretary of
Defense, acting through the Under Secretary of Defense for Research and
Engineering, shall submit to the congressional defense committees a
plan--
(1) to eliminate the Strategic Capabilities Office of the
Department of Defense by not later than October 1, 2020;
(2) to transfer the functions of the Strategic Capabilities
Office to another organization or element of the Department by
not later than October 1, 2020; or
(3) to retain the Strategic Capabilities Office.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) A timeline for the potential elimination, transfer, or
retention of some or all of the activities, functions, programs,
plans, and resources of the Strategic Capabilities Office.
(2) A strategy for mitigating risk to the programs of the
Strategic Capabilities Office.
(3) A strategy for implementing the lessons learned and best
practices of the Strategic Capabilities Office across the
organizations and elements of the Department of Defense to
promote enterprise-wide innovation.
(4) An assessment of the transition outcomes, research
portfolio, and mission accomplishment in the key functions of
the Strategic Capabilities Office described in subsection (c).
(5) An assessment of the relationship of the Strategic
Capabilities Office with--
(A) the acquisition and rapid capabilities programs
of the military departments;
(B) Department laboratories;
(C) the Defense Advanced Research Projects Agency;
and
(D) other research and development activities.
(6) Assessment of management and bureaucratic challenges to
the effective and efficient execution of the Strategic
Capabilities Office missions, especially with respect to
contracting and personnel management.
(c) Key Functions Described.--The key functions described in this
subsection are the following:
(1) Repurposing existing Government and commercial systems
for new technological advantage.
(2) Developing novel concepts of operation that are lower
cost, more effective, and more responsive to changing threats
than traditional concepts of operation.
(3) Developing joint systems and concepts of operations to
meet emerging threats and military requirements based on
partnerships with the military departments and combatant
commanders.
(4) Developing prototypes and new concepts of operations
that can inform the development of requirements and the
establishment of acquisition programs.
(d) Form of Plan.--The plan required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
[[Page 1679]]
SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY.
(a) Annual Strategy.--
(1) In general.--Not later than February 4, 2019, the
Secretary of Defense shall develop a strategy--
(A) to articulate the science and technology
priorities, goals, and investments of the Department of
Defense; and
(B) to make recommendations on the future of the
defense research and engineering enterprise and its
continued success in an era of strategic competition.
(2) Elements.--The strategy required by paragraph (1)
shall--
(A) be aligned with the National Defense Strategy
and Governmentwide strategic science and technology
priorities, including the defense budget priorities of
the Office of Science and Technology Policy of the
President;
(B) link the priorities, goals, and outcomes in
paragraph (1)(A) with needed critical enablers to
specific programs, or broader portfolios, including--
(i) personnel and workforce capabilities;
(ii) facilities for research and test
infrastructure;
(iii) relationships with academia, the
acquisition community, the operational community,
and the commercial sector; and
(iv) funding, investments, personnel,
facilities, and relationships with departments,
agencies, or other Federal entities outside the
Department of Defense without which defense
capabilities would be severely degraded;
(C) evaluate the coordination of acquisition
priorities, programs, and timelines of the Department
with the activities of the defense research and
engineering enterprise; and
(D) include recommendations for changes in
authorities, regulations, policies, or any other
relevant areas, that would support the achievement of
the goals set forth in the strategy.
(3) Annual updates.--Not less frequently than once each
year, the Secretary shall revise and update the strategy
required by paragraph (1).
(4) Annual reports.--(A) Not later than February 4, 2019,
and not less frequently than once each year thereafter through
December 31, 2021, the Secretary shall submit to the
congressional defense committees the strategy required by
paragraph (1), as may be revised and updated in accordance with
paragraph (3).
(B) The reports submitted pursuant to subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
(5) Briefing.--Not later than 14 days after the date on
which the strategy under paragraph (1) is completed, the
Secretary shall provide to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a briefing on the implementation of the
strategy.
(6) Designation.--The strategy developed under paragraph (1)
shall be known as the ``National Defense Science and Technology
Strategy''.
[[Page 1680]]
(b) Assessment and Recommendations.--
(1) In general.--Not later than February 4, 2019, the
Secretary shall submit to the congressional defense committees a
report with an assessment and recommendations on the future of
major elements of the defense research and engineering
enterprise, evaluating warfighting contributions, portfolio
management and coordination, workforce management including
special hiring authorities, facilities and test infrastructure,
relationships with private sector and interagency partners, and
governance, including a comparison with the enterprises of other
countries and the private sector.
(2) Major elements of the defense research and engineering
enterprise.--The major elements of the defense research and
engineering enterprise referred to in paragraph (1) include the
following:
(A) The science and technology elements of the
military departments.
(B) The Department of Defense laboratories.
(C) The test ranges and facilities of the
Department.
(D) The Defense Advanced Research Projects Agency
(DARPA).
(E) The Defense Innovation Unit Experimental
(DIU(x)).
(F) The Strategic Capabilities Office of the
Department.
(G) The Small Business Innovation Research program
of the Department.
(H) The Small Business Technology Transfer program
of the Department.
(I) Such other elements, offices, programs, and
activities of the Department as the Secretary considers
appropriate for purposes of the this section.
(3) Consultation and comments.--In making recommendations
under paragraph (1), the Secretary shall consult with and seek
comments from groups and entities relevant to the
recommendations, such as the military departments, the combatant
commands, the federally funded research and development centers
(FFRDCs), commercial partners of the Department (including small
business concerns), or any advisory committee established by the
Department that the Secretary determines is appropriate based on
the duties of the advisory committee and the expertise of its
members.
(4) Form of submission.--The report submitted pursuant to
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 219. MODIFICATION OF CVN-73 TO SUPPORT FIELDING OF MQ-25
UNMANNED AERIAL VEHICLE.
The Secretary of the Navy shall--
(1) modify the compartments and infrastructure of the
aircraft carrier designated CVN-73 to support the fielding of
the MQ-25 unmanned aerial vehicle before the date on which the
refueling and complex overhaul of the aircraft carrier is
completed; and
(2) ensure such modification is sufficient to complete the
full installation of MQ-25 in no more than a single maintenance
period after such overhaul.
[[Page 1681]]
SEC. 220. <> ESTABLISHMENT OF INNOVATORS
INFORMATION REPOSITORY IN THE DEPARTMENT
OF DEFENSE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, acting through
the Defense Technical Information Center, establish an innovators
information repository within the Department of Defense in accordance
with this section.
(b) Maintenance of Information Repository.--The Under Secretary of
Defense for Research and Engineering shall maintain the information
repository and ensure that it is periodically updated.
(c) Elements of Information Repository.--The information repository
established under subsection (a) shall--
(1) be coordinated across the Department of Defense
enterprise to focus on small business innovators that are small,
independent United States businesses, including those
participating in the Small Business Innovation Research program
or the Small Business Technology Transfer program;
(2) include appropriate information about each participant,
including a description of--
(A) the need or requirement applicable to the
participant;
(B) the participant's technology with appropriate
technical detail and appropriate protections of
proprietary information or data;
(C) any prior business of the participant with the
Department; and
(D) whether the participant's technology was
incorporated into a program of record; and
(3) incorporate the appropriate classification due to
compilation of information.
(d) Use of Information Repository.--After the information repository
is established under subsection (a), the Secretary shall encourage use
of the information repository by Department organizations involved in
technology development and protection, including program offices, before
initiating a Request for Information or a Request for Proposal to
determine whether an organic technology exists or is being developed
currently by a an entity supported by the Department (which may include
a company, academic consortium, or other entity).
SEC. 221. STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND
EVALUATION RESOURCES.
Section 196(d) of title 10, United States Code, is amended--
(1) by amending paragraph (1) to read as follows: ``(1) Not
less often than once every two fiscal years, the Under Secretary
of Defense for Research and Engineering, in coordination with
the Director of the Department of Defense Test Resources
Management Center, the Director of Operational Test and
Evaluation, the Director of the Defense Intelligence Agency, the
Secretaries of the military departments, and the heads of
Defense Agencies with test and evaluation responsibilities,
shall complete a strategic plan reflecting the future needs of
the Department of Defense with respect to test and evaluation
facilities and resources. Each strategic plan shall cover the
period of thirty fiscal years beginning with the fiscal year
[[Page 1682]]
in which the plan is submitted under paragraph (3). The
strategic plan shall be based on a comprehensive review of both
funded and unfunded test and evaluation requirements of the
Department, future threats to national security, and the
adequacy of the test and evaluation facilities and resources of
the Department to meet those future requirements and threats.'';
and
(2) in paragraph (2)(C), by striking ``needed to meet such
requirements'' and inserting ``needed to meet current and future
requirements based on current and emerging threats''.
SEC. 222. <> COLLABORATION BETWEEN
DEFENSE LABORATORIES, INDUSTRY, AND
ACADEMIA; OPEN CAMPUS PROGRAM.
(a) Collaboration.--The Secretary of Defense may carry out
activities to prioritize innovative collaboration between Department of
Defense science and technology reinvention laboratories, industry, and
academia.
(b) Open Campus Program.--In carrying out subsection (a), the
Secretary, acting through the Commander of the Air Force Research
Laboratory, the Commander of the Army Research, Development and
Engineering Command, and the Chief of Naval Research, or such other
officials of the Department as the Secretary considers appropriate, may
develop and implement an open campus program for the Department science
and technology reinvention laboratories which shall be modeled after the
open campus program of the Army Research Laboratory.
SEC. 223. PERMANENT EXTENSION AND CODIFICATION OF AUTHORITY TO
CONDUCT TECHNOLOGY PROTECTION FEATURES
ACTIVITIES DURING RESEARCH AND DEVELOPMENT
OF DEFENSE SYSTEMS.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting before section 2358 the following new section:
``Sec. 2357. <> Technology protection
features activities
``(a) Activities.--The Secretary of Defense shall carry out
activities to develop and incorporate technology protection features in
a designated system during the research and development phase of such
system.
``(b) Cost-sharing.--Any contract for the design or development of a
system resulting from activities under subsection (a) for the purpose of
enhancing or enabling the exportability of the system, either for the
development of program protection strategies for the system or the
design and incorporation of exportability features into the system,
shall include a cost-sharing provision that requires the contractor to
bear half of the cost of such activities, or such other portion of such
cost as the Secretary considers appropriate upon showing of good cause.
``(c) Definitions.--In this section:
``(1) The term `designated system' means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition and Sustainment designates for purposes
of this section.
``(2) The term `technology protection features' means the
technical modifications necessary to protect critical program
[[Page 1683]]
information, including anti-tamper technologies and other
systems engineering activities intended to prevent or delay
exploitation of critical technologies in a designated system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, <> is amended by inserting before the item relating to section
2358 the following new item:
``2357. Technology protection features activities.''.
(c) Conforming Repeal.--Section 243 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is
repealed.
SEC. 224. CODIFICATION AND REAUTHORIZATION OF DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) Codification.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2359 the following
new section:
``Sec. 2359a. <> Defense Research and
Development Rapid Innovation Program
``(a) Program Established.--(1) The Secretary of Defense shall
establish a competitive, merit-based program to accelerate the fielding
of technologies developed pursuant to phase II Small Business Innovation
Research Program projects, technologies developed by the defense
laboratories, and other innovative technologies (including dual use
technologies).
``(2) The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs, address
technical risks, improve the timeliness and thoroughness of test and
evaluation outcomes, and rapidly insert such products directly in
support of primarily major defense acquisition programs, but also other
defense acquisition programs that meet critical national security needs.
``(b) Guidelines.--The Secretary shall issue guidelines for the
operation of the program. At a minimum such guidance shall provide for
the following:
``(1) The issuance of one or more broad agency announcements
or the use of any other competitive or merit-based processes by
the Department of Defense for candidate proposals in support of
defense acquisition programs as described in subsection (a).
``(2) The review of candidate proposals by the Department of
Defense and by each military department and the merit-based
selection of the most promising cost-effective proposals for
funding through contracts, cooperative agreements, and other
transactions for the purposes of carrying out the program.
``(3) The total amount of funding provided to any project
under the program from funding provided under subsection (d)
shall not exceed $3,000,000, unless the Secretary, or the
Secretary's designee, approves a larger amount of funding for
the project.
``(4) No project shall receive more than a total of two
years of funding under the program from funding provided
[[Page 1684]]
under subsection (d), unless the Secretary, or the Secretary's
designee, approves funding for any additional year.
``(5) Mechanisms to facilitate transition of follow-on or
current projects carried out under the program into defense
acquisition programs, through the use of the authorities of
section 2302e of this title or such other authorities as may be
appropriate to conduct further testing, low rate production, or
full rate production of technologies developed under the
program.
``(6) Projects are selected using merit-based selection
procedures and the selection of projects is not subject to undue
influence by Congress or other Federal agencies.
``(c) Treatment Pursuant to Certain Congressional Rules.--Nothing in
this section shall be interpreted to require or enable any official of
the Department of Defense to provide funding under this section to any
earmark as defined pursuant to House Rule XXI, clause 9, or any
congressionally directed spending item as defined pursuant to Senate
Rule XLIV, paragraph 5.
``(d) Funding.--Subject to the availability of appropriations for
such purpose, the amounts authorized to be appropriated for research,
development, test, and evaluation for a fiscal year may be used for such
fiscal year for the program established under subsection (a).
``(e) Transfer Authority.--(1) The Secretary may transfer funds
available for the program to the research, development, test, and
evaluation accounts of a military department, defense agency, or the
unified combatant command for special operations forces pursuant to a
proposal, or any part of a proposal, that the Secretary determines would
directly support the purposes of the program.
``(2) The transfer authority provided in this subsection is in
addition to any other transfer authority available to the Department of
Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title <> is amended by inserting after the item relating to
section 2359 the following new item:
``2359a. Defense Research and Development Rapid Innovation Program.''.
(b) Conforming Amendments.--
(1) Repeal of old provision.--Section 1073 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 2359 note) is hereby repealed.
(2) Repeal of old table of contents item.--The table of
contents in section 2(b) of such Act is amended by striking the
item relating to section 1073.
SEC. 225. <> PROCEDURES FOR RAPID
REACTION TO EMERGING TECHNOLOGY.
(a) Requirement to Establish Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering shall prescribe procedures for the
designation and development of technologies that are--
(1) urgently needed--
(A) to react to a technological development of an
adversary of the United States; or
[[Page 1685]]
(B) to respond to a significant and urgent emerging
technology; and
(2) not receiving appropriate research funding or attention
from the Department of Defense.
(b) Elements.--The procedures prescribed under subsection (a) shall
include the following:
(1) A process for streamlined communications between the
Under Secretary, the Joint Chiefs of Staff, the commanders of
the combatant commands, the science and technology executives
within each military department, and the science and technology
community, including--
(A) a process for the commanders of the combatant
commands and the Joint Chiefs of Staff to communicate
their needs to the science and technology community; and
(B) a process for the science and technology
community to propose technologies that meet the needs
communicated by the combatant commands and the Joint
Chiefs of Staff.
(2) Procedures for the development of technologies proposed
pursuant to paragraph (1)(B), including--
(A) a process for demonstrating performance of the
proposed technologies on a short timeline;
(B) a process for developing a development strategy
for a technology, including integration into future
budget years; and
(C) a process for making investment determinations
based on information obtained pursuant to subparagraphs
(A) and (B).
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall provide to the
congressional defense committees a briefing on the procedures required
by subsection (a).
SEC. 226. <> ACTIVITIES ON
IDENTIFICATION AND DEVELOPMENT OF ENHANCED
PERSONAL PROTECTIVE EQUIPMENT AGAINST
BLAST INJURY.
(a) Activities Required.--During calendar year 2019, the Secretary
of the Army shall, in consultation with the Director of Operational Test
and Evaluation, carry out a set of activities to identify and develop
personal equipment to provide enhanced protection against injuries
caused by blasts in combat and training.
(b) Activities.--
(1) Continuous evaluation process.--For purposes of the
activities required by subsection (a), the Secretary shall
establish a process to continuously solicit from government,
industry, academia, and other appropriate entities personal
protective equipment that is ready for testing and evaluation in
order to identify and evaluate equipment or clothing that is
more effective in protecting members of the Armed Forces from
the harmful effects of blast injuries, including traumatic brain
injuries, and would be suitable for expedited procurement and
fielding.
(2) Goals.--The goals of the activities shall include:
(A) Development of streamlined requirements for
procurement of personal protective equipment.
(B) Appropriate testing of personal protective
equipment prior to procurement and fielding.
[[Page 1686]]
(C) Development of expedited mechanisms for
deployment of effective personal protective equipment.
(D) Identification of areas of research in which
increased investment has the potential to improve the
quality of personal protective equipment and the
capability of the industrial base to produce such
equipment.
(E) Such other goals as the Secretary considers
appropriate.
(3) Partnerships for certain assessments.--As part of the
activities, the Secretary should continue to establish
partnerships with appropriate academic institutions for purposes
of assessing the following:
(A) The ability of various forms of personal
protective equipment to protect against common blast
injuries, including traumatic brain injuries.
(B) The value of real-time data analytics to track
the effectiveness of various forms of personal
protective equipment to protect against common blast
injuries, including traumatic brain injuries.
(C) The availability of commercial-off the-shelf
personal protective technology to protect against
traumatic brain injury resulting from blasts.
(D) The extent to which the equipment determined
through the assessment to be most effective to protect
against common blast injuries is readily modifiable for
different body types and to provide lightweight material
options to enhance maneuverability.
(c) Authorities.--In carrying out activities under subsection (a),
the Secretary may use any authority as follows:
(1) Experimental procurement authority under section 2373 of
title 10, United States Code.
(2) Other transactions authority under section 2371 and
2371b of title 10, United States Code.
(3) Authority to award technology prizes under section 2374a
of title 10, United States Code.
(4) Authority under the Defense Acquisition Challenge
Program under section 2359b of title 10, United States Code.
(5) Any other authority on acquisition, technology transfer,
and personnel management that the Secretary considers
appropriate.
(d) Certain Treatment of Activities.--Any activities under this
section shall be deemed to have been through the use of competitive
procedures for the purposes of section 2304 of title 10, United States
Code.
(e) On-going Assessment Following Activities.--After the completion
of activities under subsection (a), the Secretary shall, on an on-going
basis, do the following:
(1) Evaluate the extent to which personal protective
equipment identified through the activities would--
(A) enhance survivability of personnel from blasts
in combat and training; and
(B) enhance prevention of brain damage, and
reduction of any resultant chronic brain dysfunction,
from blasts in combat and training.
(2) In the case of personal protective equipment so
identified that would provide enhancements as described in
paragraph (1), estimate the costs that would be incurred to
procure
[[Page 1687]]
such enhanced personal protective equipment, and develop a
schedule for the procurement of such equipment.
(3) Estimate the potential health care cost savings that
would occur from expanded use of personal protective equipment
described in paragraph (2).
(f) Report.--Not later than December 1, 2019, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the activities under subsection (a) as of the date of the report.
(g) Funding.--Of the amount authorized to be appropriated for fiscal
year 2019 by this Act for research, development, test, and evaluation,
as specified in the funding tables in division D, $10,000,000 may be
used to carry out this section.
SEC. 227. <> HUMAN FACTORS MODELING AND
SIMULATION ACTIVITIES.
(a) Activities Required.--The Secretary of Defense shall develop and
provide for the carrying out of human factors modeling and simulation
activities designed to do the following:
(1) Provide warfighters and civilians with personalized
assessment, education, and training tools.
(2) Identify and implement effective ways to interface and
team warfighters with machines.
(3) Result in the use of intelligent, adaptive augmentation
to enhance decision making.
(4) Result in the development of techniques, technologies,
and practices to mitigate critical stressors that impede
warfighter and civilian protection, sustainment, and
performance.
(b) Purpose.--The overall purpose of the activities shall be to
accelerate research and development that enhances capabilities for human
performance, human-systems integration, and training for the warfighter.
(c) Participants in Activities.--Participants in the activities may
include the following:
(1) Elements of the Department of Defense engaged in science
and technology activities.
(2) Program Executive Offices of the Department.
(3) Academia.
(4) The private sector.
(5) Such other participants as the Secretary considers
appropriate.
SEC. 228. EXPANSION OF MISSION AREAS SUPPORTED BY MECHANISMS FOR
EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) by redesignating paragraph (23) as paragraph (27); and
(2) by inserting after paragraph (22) the following new
paragraphs:
``(23) Space.
``(24) Infrastructure resilience.
``(25) Photonics.
``(26) Autonomy.''.
[[Page 1688]]
SEC. 229. <> ADVANCED MANUFACTURING
ACTIVITIES.
(a) Designation.--The Under Secretary of Defense for Acquisition and
Sustainment and the Under Secretary of Defense for Research and
Engineering shall jointly, in coordination with Secretaries of the
military departments, establish at least one activity per military
service to demonstrate advanced manufacturing techniques and
capabilities at depot-level activities or military arsenal facilities of
the military departments.
(b) Purposes.--The activities established pursuant to subsection (a)
shall--
(1) support efforts to implement advanced manufacturing
techniques and capabilities;
(2) identify improvements to sustainment methods for
component parts and other logistics needs;
(3) identify and implement appropriate information security
protections to ensure security of advanced manufacturing;
(4) aid in the procurement of advanced manufacturing
equipment and support services;
(5) enhance partnerships between the defense industrial base
and Department of Defense laboratories, academic institutions,
and industry; and
(6) to the degree practicable, include an educational or
training component to build an advanced manufacturing workforce.
(c) Cooperative Agreements and Partnerships.--
(1) In general.--The Under Secretaries may enter into a
cooperative agreement and use public-private and public-public
partnerships to facilitate development of advanced manufacturing
techniques in support of the defense industrial base.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) and a partnership used under such paragraph
shall facilitate--
(A) development and implementation of advanced
manufacturing techniques and capabilities;
(B) appropriate sharing of information in the
adaptation of advanced manufacturing, including
technical data rights;
(C) implementation of appropriate information
security protections into advanced manufacturing tools
and techniques; and
(D) support of necessary workforce development.
(d) Authorities.--In carrying out this section, the Under
Secretaries may use the following authorities:
(1) Section 2196 of title 10, United States Code, relating
to the Manufacturing Engineering Education Program.
(2) Section 2368 of such title, relating to centers for
science, technology, and engineering partnership.
(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(4) Section 2474 of such title, relating to centers of
industrial and technical excellence.
(5) Section 2521 of such title, relating to the
Manufacturing Technology Program.
(6) Section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31,
United States Code, relating to cooperative research and
development agreements.
[[Page 1689]]
(7) Such other authorities as the Under Secretaries
considers appropriate.
SEC. 230. <> NATIONAL SECURITY
INNOVATION ACTIVITIES.
(a) Establishment.--The Under Secretary of Defense for Research and
Engineering shall establish activities to develop interaction between
the Department of Defense and the commercial technology industry and
academia with regard to emerging hardware products and technologies with
national security applications.
(b) Elements.--The activities required by subsection (a) shall
include the following:
(1) Informing and encouraging private investment in specific
hardware technologies of interest to future defense technology
needs with unique national security applications.
(2) Funding research and technology development in hardware-
intensive capabilities that private industry has not
sufficiently supported to meet rapidly emerging defense and
national security needs.
(3) Contributing to the development of policies, policy
implementation, and actions to deter strategic acquisition of
industrial and technical capabilities in the private sector by
foreign entities that could potentially exclude companies from
participating in the Department of Defense technology and
industrial base.
(4) Identifying promising emerging technology in industry
and academia for the Department of Defense for potential support
or research and development cooperation.
(c) Transfer of Personnel and Resources.--
(1) In general.--Subject to paragraph (2), the Under
Secretary may transfer such personnel, resources, and
authorities that are under the control of the Under Secretary as
the Under Secretary considers appropriate to carry out the
activities established under subsection (a) from other elements
of the Department under the control of the Under Secretary or
upon approval of the Secretary of Defense.
(2) Certification.--The Under Secretary may only make a
transfer of personnel, resources, or authorities under paragraph
(1) upon certification by the Under Secretary that the
activities established under paragraph (a) can attract
sufficient private sector investment, has personnel with
sufficient technical and management expertise, and has
identified relevant technologies and systems for potential
investment in order to carry out the activities established
under subsection (a), independent of further government funding
beyond this authorization.
(d) Establishment of Nonprofit Entity.--The Under Secretary may
establish or fund a nonprofit entity to carry out the program activities
under subsection (a).
(e) Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Under Secretary shall submit to
the congressional defense committees a detailed plan to carry
out this section.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A description of the additional authorities
needed to carry out the activities set forth in
subsection (b).
[[Page 1690]]
(B) Plans for transfers under subsection (c),
including plans for private fund-matching and investment
mechanisms, oversight, treatment of rights relating to
technical data developed, and relevant dates and goals
of such transfers.
(C) Plans for attracting the participation of the
commercial technology industry and academia and how
those plans fit into the current Department of Defense
research and engineering enterprise.
(f) Authorities.--In carrying out this section, the Under Secretary
may use the following authorities:
(1) Section 1711 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), relating to a pilot
program on strengthening manufacturing in the defense industrial
base.
(2) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
(3) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
(4) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(5) Section 2474 of such title, relating to Centers of
Industrial and Technical Excellence.
(6) Section 2521 of such title, relating to the
Manufacturing Technology Program.
(7) Subchapter VI of chapter 33 of title 5, United States
Code, relating to assignments to and from States.
(8) Chapter 47 of such title, relating to personnel research
programs and demonstration projects.
(9) Section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31,
United States Code, relating to cooperative research and
development agreements.
(10) Such other authorities as the Under Secretary considers
appropriate.
(g) Notice Required.--Not later than 15 days before the date on
which the Under Secretary first exercises the authority granted under
subsection (d) and not later than 15 days before the date on which the
Under Secretary first obligates or expends any amount authorized under
subsection (h), the Under Secretary shall notify the congressional
defense committees of such exercise, obligation, or expenditure, as the
case may be.
(h) Funding.--Of the amount authorized to be appropriated for fiscal
year 2019 for the Department of Defense by section 201 and subject to
the availability of appropriations, up to $75,000,000 may be available
to carry out this section.
SEC. 231. PARTNERSHIP INTERMEDIARIES FOR PROMOTION OF DEFENSE
RESEARCH AND EDUCATION.
Section 2368 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Use of Partnership Intermediaries to Promote Defense Research
and Education.--(1) Subject to the approval of the Secretary or the head
of the another department or agency
[[Page 1691]]
of the Federal Government concerned, the Director of a Center may enter
into a contract, memorandum of understanding or other transition with a
partnership intermediary that provides for the partnership intermediary
to perform services for the Department of Defense that increase the
likelihood of success in the conduct of cooperative or joint activities
of the Center with industry or academic institutions.
``(2) In this subsection, the term `partnership intermediary' means
an agency of a State or local government, or a nonprofit entity owned in
whole or in part by, chartered by, funded in whole or in part by, or
operated in whole or in part by or on behalf of a State or local
government, that assists, counsels, advises, evaluates, or otherwise
cooperates with industry or academic institutions that need or can make
demonstrably productive use of technology-related assistance from a
Center.''.
SEC. 232. LIMITATION ON USE OF FUNDS FOR SURFACE NAVY LASER WEAPON
SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act may be used to exceed, in fiscal
year 2019, a procurement quantity of one Surface Navy Laser Weapon
System, also known as the High Energy Laser and Integrated Optical-
dazzler with Surveillance (HELIOS), unless the Secretary of the Navy
submits to the congressional defense committees a report on such system
with the elements set forth in subsection (b).
(b) Elements.--The elements set forth in this subsection are, with
respect to the system described in subsection (a), the following:
(1) A document setting forth the requirements for the
system, including desired performance characteristics.
(2) An acquisition plan that includes the following:
(A) A program schedule to accomplish design
completion, technology maturation, risk reduction, and
other activities, including dates of key design reviews
(such as Preliminary Design Review and Critical Design
Review) and program initiation decision (such as
Milestone B) if applicable.
(B) A contracting strategy, including requests for
proposals, the extent to which contracts will be
competitively awarded, option years, option quantities,
option prices, and ceiling prices.
(C) The fiscal years of procurement and delivery for
each engineering development model, prototype, or
similar unit planned to be acquired.
(D) A justification for the fiscal years of
procurement and delivery for each engineering
development model, prototype, or similar unit planned to
be acquired.
(3) A test plan and schedule sufficient to achieve
operational effectiveness and operational suitability
determinations (such as Early Operational Capability and Initial
Operational Capability) related to the requirements set forth in
paragraph (1).
(4) Associated funding and item quantities, disaggregated by
fiscal year and appropriation, requested in the Fiscal Year 2019
Future Years Defense Program.
[[Page 1692]]
(5) An estimate of the acquisition costs, including the
total costs for procurement, research, development, test, and
evaluation.
SEC. 233. EXPANSION OF COORDINATION REQUIREMENT FOR SUPPORT FOR
NATIONAL SECURITY INNOVATION AND
ENTREPRENEURIAL EDUCATION.
Section 225(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note) is amended by adding
at the end the following new paragraphs:
``(16) The National Security Technology Accelerator.
``(17) The I-Corps Program.''.
SEC. 234. <> DEFENSE QUANTUM INFORMATION
SCIENCE AND TECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
quantum information science and technology research and development
program.
(b) Purposes.--The purposes of the program required by subsection
(a) are as follows:
(1) To ensure global superiority of the United States in
quantum information science necessary for meeting national
security requirements.
(2) To coordinate all quantum information science and
technology research and development within the Department of
Defense and to provide for interagency cooperation and
collaboration on quantum information science and technology
research and development between the Department of Defense and
other departments and agencies of the United States and
appropriate private sector entities that are involved in quantum
information science and technology research and development.
(3) To develop and manage a portfolio of fundamental and
applied quantum information science and technology and
engineering research initiatives that is stable, consistent, and
balanced across scientific disciplines.
(4) To accelerate the transition and deployment of
technologies and concepts derived from quantum information
science and technology research and development into the Armed
Forces, and to establish policies, procedures, and standards for
measuring the success of such efforts.
(5) To collect, synthesize, and disseminate critical
information on quantum information science and technology
research and development.
(6) To establish and support appropriate research,
innovation, and industrial base, including facilities and
infrastructure, to support the needs of Department of Defense
missions and systems related to quantum information science and
technology.
(c) Administration.--In carrying out the program required by
subsection (a), the Secretary shall act through the Under Secretary of
Defense for Research and Engineering, who shall supervise the planning,
management, and coordination of the program. The Under Secretary, in
consultation with the Secretaries of the military departments and the
heads of participating Defense Agencies and other departments and
agencies of the United States, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including--
(A) optimization of analysis of national security
data sets;
[[Page 1693]]
(B) development of defense related quantum computing
algorithms;
(C) design of new materials and molecular functions;
(D) secure communications and cryptography,
including development of quantum communications
protocols;
(E) quantum sensing and metrology;
(F) development of mathematics relating to quantum
enhancements to sensing, communications, and computing;
and
(G) processing and manufacturing of low-cost,
robust, and reliable quantum information science and
technology-enabled devices and systems;
(2) develop a coordinated and integrated research and
investment plan for meeting the near-, mid-, and long-term
challenges with definitive milestones while achieving the
specific technical goals that builds upon the Department's
increased investment in quantum information science and
technology research and development, commercial sector and
global investments, and other United States Government
investments in the quantum sciences;
(3) not later than 180 days after the date of the enactment
of this Act, develop and continuously update guidance, including
classification and data management plans for defense-related
quantum information science and technology activities, and
policies for control of personnel participating on such
activities to minimize the effects of loss of intellectual
property in basic and applied quantum science and information
considered sensitive to the leadership of the United States in
the field of quantum information science and technology; and
(4) develop memoranda of agreement, joint funding
agreements, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals.
(d) Report.--
(1) In general.--Not later than December 31, 2020, the
Secretary shall submit to the congressional defense committees a
report on the program, in both classified and unclassified
format.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the knowledge-base of the
Department with respect to quantum sciences, plans to
defend against quantum based attacks, and any plans of
the Secretary to enhance such knowledge-base.
(B) A plan that describes how the Secretary intends
to use quantum sciences for military applications and to
meet other needs of the Department.
(C) An assessment of the efforts of foreign powers
to use quantum sciences for military applications and
other purposes.
(D) A description of activities undertaken
consistent with this section, including funding for
activities consistent with the section.
(E) Such other matters as the Secretary considers
appropriate.
[[Page 1694]]
SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES.
(a) Test Activities.--The Under Secretary of Defense for Research
and Engineering shall, in the Under Secretary's capacity as the official
with principal responsibility for the development and demonstration of
directed energy weapons for the Department of Defense pursuant to
section 219(a)(1) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note), develop, establish,
and coordinate directed energy testing activities adequate to ensure the
achievement by the Department of Defense of goals of the Department for
developing and deploying directed energy systems to match national
security needs.
(b) Elements.--The activity established under subsection (a) shall
include the following:
(1) The High Energy Laser System Test Facility of the Army
Test and Evaluation Command.
(2) Such other test resources and activities as the Under
Secretary may designate for purposes of this section.
(c) Designation.--The test activities established under subsection
(a) shall be considered part of the Major Range and Test Facility Base
(as defined in 196(i) of title 10, United States Code).
(d) Prioritization of Effort.--In developing and coordinating
testing activities pursuant to subsection (a), the Under Secretary shall
prioritize efforts consistent with the following:
(1) Paragraphs (2) through (5) of section 219(a) of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 2431 note).
(2) Enabling the standardized collection and evaluation of
testing data to establish testing references and benchmarks.
(3) Concentrating sufficient personnel expertise of directed
energy weapon systems in order to validate the effectiveness of
new weapon systems against a variety of targets.
(4) Consolidating modern state-of-the-art testing
infrastructure including telemetry, sensors, and optics to
support advanced technology testing and evaluation.
(5) Formulating a joint lethality or vulnerability
information repository that can be accessed by any of the
military departments of Defense Agencies, similar to a Joint
Munitions Effectiveness Manuals (JMEMs).
(6) Reducing duplication of directed energy weapon testing.
(7) Ensuring that an adequate workforce and adequate testing
facilities are maintained to support missions of the Department
of Defense.
SEC. 236. <> REQUIREMENT FOR
ESTABLISHMENT OF ARRANGEMENTS FOR
EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS TO
SUPPORT DEPARTMENT OF DEFENSE MISSIONS.
(a) In General.--Subsection (a)(1) of section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2358 note) is amended by striking ``and each secretary of a
military department may establish one or more'' and inserting ``shall,
acting through the secretaries of the military departments, establish
not fewer than three''.
(b) Extension.--Subsection (f) of such section is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
[[Page 1695]]
SEC. 237. AUTHORITY FOR JOINT DIRECTED ENERGY TRANSITION OFFICE TO
CONDUCT RESEARCH RELATING TO HIGH POWERED
MICROWAVE CAPABILITIES.
Section 219(b)(3) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended by
inserting ``, including high-powered microwaves,'' after ``energy
systems and technologies''.
SEC. 238. <> JOINT ARTIFICIAL
INTELLIGENCE RESEARCH, DEVELOPMENT, AND
TRANSITION ACTIVITIES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish a
set of activities within the Department of Defense to coordinate
the efforts of the Department to develop, mature, and transition
artificial intelligence technologies into operational use.
(2) Emphasis.--The set of activities established under
paragraph (1) shall apply artificial intelligence and machine
learning solutions to operational problems and coordinate
activities involving artificial intelligence and artificial
intelligence enabled capabilities within the Department.
(b) Designation.--Not later than one year after the date of the
enactment of this Act, the Secretary shall designate a senior official
of the Department with principal responsibility for the coordination of
activities relating to the development and demonstration of artificial
intelligence and machine learning for the Department.
(c) Duties.--The duties of the official designated under subsection
(b) shall include the following:
(1) Strategic plan.--Developing a detailed strategic plan to
develop, mature, adopt, and transition artificial intelligence
technologies into operational use. Such plan shall include the
following:
(A) A strategic roadmap for the identification and
coordination of the development and fielding of
artificial intelligence technologies and key enabling
capabilities.
(B) The continuous evaluation and adaptation of
relevant artificial intelligence capabilities developed
both inside the Department and in other organizations
for military missions and business operations.
(2) Acceleration of development and fielding of artificial
intelligence.--To the degree practicable, the designated
official shall--
(A) use the flexibility of regulations, personnel,
acquisition, partnerships with industry and academia, or
other relevant policies of the Department to accelerate
the development and fielding of artificial intelligence
capabilities;
(B) ensure engagement with defense and private
industries, research universities, and unaffiliated,
nonprofit research institutions;
(C) provide technical advice and support to entities
in the Department and the military departments to
optimize the use of artificial intelligence and machine
learning technologies to meet Department missions;
[[Page 1696]]
(D) support the development of requirements for
artificial intelligence capabilities that address the
highest priority capability gaps of the Department and
technical feasibility;
(E) develop and support capabilities for technical
analysis and assessment of threat capabilities based on
artificial intelligence;
(F) ensure that the Department has appropriate
workforce and capabilities at laboratories, test ranges,
and within the organic defense industrial base to
support the artificial intelligence capabilities and
requirements of the Department;
(G) develop classification guidance for all
artificial intelligence related activities of the
Department;
(H) work with appropriate officials to develop
appropriate ethical, legal, and other policies for the
Department governing the development and use of
artificial intelligence enabled systems and technologies
in operational situations; and
(I) ensure--
(i) that artificial intelligence programs of
each military department and of the Defense
Agencies are consistent with the priorities
identified under this section; and
(ii) appropriate coordination of artificial
intelligence activities of the Department with
interagency, industry, and international efforts
relating to artificial intelligence, including
relevant participation in standards setting
bodies.
(3) Governance and oversight of artificial intelligence and
machine learning policy.--Regularly convening appropriate
officials across the Department--
(A) to integrate the functional activities of the
organizations and elements of the Department with
respect to artificial intelligence and machine learning;
(B) to ensure there are efficient and effective
artificial intelligence and machine learning
capabilities throughout the Department; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the development, acquisition, integration,
advancement, oversight, and sustainment of artificial
intelligence and machine learning throughout the
Department.
(d) Access to Information.--The Secretary shall ensure that the
official designated under subsection (b) has access to such information
on programs and activities of the military departments and other Defense
Agencies as the Secretary considers appropriate to carry out the
coordination described in subsection (b) and the duties set forth in
subsection (c).
(e) Study on Artificial Intelligence Topics.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the official designated under
subsection (b) shall--
(A) complete a study on past and current advances in
artificial intelligence and the future of the
discipline, including the methods and means necessary to
advance the development of the discipline, to
comprehensively
[[Page 1697]]
address the national security needs and requirements of
the Department; and
(B) submit to the congressional defense committees a
report on the findings of the designated official with
respect to the study completed under subparagraph (A).
(2) Consultation with experts.--In conducting the study
required by paragraph (1)(A), the designated official shall
consult with experts within the Department, other Federal
agencies, academia, any advisory committee established by the
Secretary that the Secretary determines appropriate based on the
duties of the advisory committee and the expertise of its
members, and the commercial sector, as the Secretary considers
appropriate.
(3) Elements.--The study required by paragraph (1)(A) shall
include the following:
(A) A comprehensive and national-level review of--
(i) advances in artificial intelligence,
machine learning, and associated technologies
relevant to the needs of the Department and the
Armed Forces; and
(ii) the competitiveness of the Department in
artificial intelligence, machine learning, and
such technologies.
(B) Near-term actionable recommendations to the
Secretary for the Department to secure and maintain
technical advantage in artificial intelligence,
including ways--
(i) to more effectively organize the
Department for artificial intelligence;
(ii) to educate, recruit, and retain leading
talent; and
(iii) to most effectively leverage investments
in basic and advanced research and commercial
progress in these technologies.
(C) Recommendations on the establishment of
Departmentwide data standards and the provision of
incentives for the sharing of open training data,
including those relevant for research into systems that
integrate artificial intelligence and machine learning
with human teams.
(D) Recommendations for engagement by the Department
with relevant agencies that will be involved with
artificial intelligence in the future.
(E) Recommendations for legislative action relating
to artificial intelligence, machine learning, and
associated technologies, including recommendations to
more effectively fund and organize the Department.
(f) Delineation of Definition of Artificial Intelligence.--Not later
than one year after the date of the enactment of this Act, the Secretary
shall delineate a definition of the term ``artificial intelligence'' for
use within the Department.
(g) Artificial Intelligence Defined.--In this section, the term
``artificial intelligence'' includes the following:
(1) Any artificial system that performs tasks under varying
and unpredictable circumstances without significant human
oversight, or that can learn from experience and improve
performance when exposed to data sets.
(2) An artificial system developed in computer software,
physical hardware, or other context that solves tasks requiring
[[Page 1698]]
human-like perception, cognition, planning, learning,
communication, or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning, that is
designed to approximate a cognitive task.
(5) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot that
achieves goals using perception, planning, reasoning, learning,
communicating, decision making, and acting.
Subtitle C--Reports and Other Matters
SEC. 241. REPORT ON SURVIVABILITY OF AIR DEFENSE ARTILLERY.
(a) Report Required.--Not later than March 1, 2019, the Secretary of
the Army shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the efforts of the Army to
improve the survivability of air defense artillery, with a particular
focus on the efforts of the Army to improve passive and active
nonkinetic capabilities and training with respect to such artillery.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An analysis of the utility of relevant passive and
active non-kinetic integrated air and missile defense
capabilities, including tactical mobility, new passive and
active sensors, signature reduction, concealment, and deception
systems, and electronic warfare and high-powered radio frequency
systems.
(2) An analysis of the utility of relevant active kinetic
capabilities, such as a new, long-range counter-maneuvering
threat missile and additional indirect fire protection
capability units to defend Patriot and Terminal High Altitude
Area Defense batteries.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 242. T-45 AIRCRAFT PHYSIOLOGICAL EPISODE MITIGATION ACTIONS.
Section 1063(b) of the National Defense Authorization Act for Fiscal
Year 2018 (131 Stat. 1576; Public Law 115-91) is amended by adding at
the end the following new paragraphs:
``(5) A list of all modifications to the T-45 aircraft and
associated ground equipment carried out during fiscal years 2017
through 2019 to mitigate the risk of physiological episodes
among T-45 crewmembers.
``(6) The results achieved by the modifications listed
pursuant to paragraph (5), as determined by relevant testing and
operational activities.
``(7) The cost of the modifications listed pursuant to
paragraph (5).
``(8) Any plans of the Navy for future modifications to the
T-45 aircraft that are intended to mitigate the risk of
physiological episodes among T-45 crewmembers.''.
[[Page 1699]]
SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE
PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT
CREWMEMBERS.
(a) Report Required.--Not later than March 1, 2019, the Secretary of
the Air Force shall submit to the congressional defense committees a
report on all efforts of the Air Force to reduce the occurrence of, and
mitigate the risk posed by, physiological episodes affecting crewmembers
of covered aircraft.
(b) Elements.--The report required under subsection (a) shall
include--
(1) information on the rate of physiological episodes
affecting crewmembers of covered aircraft;
(2) a description of the specific actions carried out by the
Air Force to address such episodes, including a description of
any upgrades or other modifications made to covered aircraft to
address such episodes;
(3) schedules and cost estimates for any upgrades or
modifications identified under paragraph (3); and
(4) an explanation of any organizational or other changes to
the Air Force carried out to address such physiological
episodes.
(c) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means--
(1) F-35A aircraft of the Air Force;
(2) T-6A aircraft of the Air Force; and
(3) any other aircraft of the Air Force as determined by the
Secretary of the Air Force.
SEC. 244. REPORT ON DEFENSE INNOVATION UNIT EXPERIMENTAL.
Not later than May 1, 2019, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional defense
committees a report on Defense Innovation Unit Experimental (in this
section referred to as the ``Unit''). Such a report shall include the
following:
(1) The integration of the Unit into the broader Department
of Defense research and engineering community to coordinate and
de-conflict activities of the Unit with similar activities of
the military departments, Defense Agencies, Department of
Defense laboratories, the Defense Advanced Research Project
Agency, the Small Business Innovation Research Program, and
other entities.
(2) The metrics used to measure the effectiveness of the
Unit and the results of these metrics.
(3) The number and types of transitions by the Unit to the
military departments or fielded to the warfighter.
(4) The impact of the Unit's initiatives, outreach, and
investments on Department of Defense access to technology
leaders and technology not otherwise accessible to the
Department including--
(A) identification of--
(i) the number of non-traditional defense
contractors with Department of Defense contracts
or other transactions resulting directly from the
Unit's initiatives, investments, or outreach; and
(ii) the number of traditional defense
contractors with contracts or other transactions
resulting directly from the Unit's initiatives;
[[Page 1700]]
(B) the number of innovations delivered into the
hands of the warfighter; and
(C) how the Department is notifying its internal
components about participation in the Unit.
(5) The workforce strategy of the Unit, including whether
the Unit has appropriate personnel authorities to attract and
retain talent with technical and business expertise.
(6) How the Department of Defense is documenting and
institutionalizing lessons learned and best practices of the
Unit to alleviate the systematic problems with technology access
and timely contract or other transaction execution.
(7) An assessment of management and bureaucratic challenges
to the effective and efficient execution of the Unit's missions,
especially with respect to contracting and personnel management.
SEC. 245. MODIFICATION OF FUNDING CRITERIA UNDER HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES AND
MINORITY INSTITUTIONS PROGRAM.
Section 2362(d) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Priority'' and
inserting ``Criteria''; and
(2) by striking ``give priority in providing'' and inserting
``limit''.
SEC. 246. REPORT ON OA-X LIGHT ATTACK AIRCRAFT APPLICABILITY TO
PARTNER NATION SUPPORT.
(a) Report Required.--Not later than February 1, 2019, the Secretary
of the Air Force shall submit to the congressional defense committees a
report on the OA-X light attack aircraft experiment and how the program
incorporates partner nation requirements.
(b) Elements.--The report under subsection (a) shall include a
description of--
(1) how the OA-X light attack experiment will support
partner nations' low-cost counter terrorism light attack
capability;
(2) the extent to which the attributes of affordability,
interoperability, sustainability, and simplicity of maintenance
and operations are included in the requirements for the OA-X;
and
(3) how Federal Aviation Administration certification and a
reasonable path for military type certifications for commercial
derivative aircraft are factored into foreign military sales for
a partner nation.
SEC. 247. REPORTS ON COMPARATIVE CAPABILITIES OF ADVERSARIES IN
KEY TECHNOLOGY AREAS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Director of the Defense Intelligence Agency, submit to the
appropriate committees of Congress a set of classified reports that set
forth a direct comparison between the capabilities of the United States
in emerging technology areas and the capabilities of adversaries of the
United States in such areas.
(b) Elements.--The reports required by subsection (a) shall include,
for each technology area covered, the following:
(1) An evaluation of spending by the United States and
adversaries on such technology.
[[Page 1701]]
(2) An evaluation of the quantity and quality of research on
such technology.
(3) An evaluation of the test infrastructure and workforce
supporting such technology.
(4) An assessment of the technological progress of the
United States and adversaries on such technology.
(5) Descriptions of timelines for operational deployment of
such technology.
(6) An assessment of the intent or willingness of
adversaries to use such technology.
(c) Technical Areas.--The Secretary shall ensure that the reports
submitted under subsection (a) cover the following:
(1) Hypersonics.
(2) Artificial intelligence.
(3) Quantum information science.
(4) Directed energy weapons.
(5) Such other emerging technical areas as the Secretary
considers appropriate.
(d) Coordination.--The Secretary shall prepare the reports in
coordination with other appropriate officials of the intelligence
community and with such other partners in the technology areas covered
by the reports as the Secretary considers appropriate.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 248. REPORT ON ACTIVE PROTECTION SYSTEMS FOR ARMORED COMBAT
AND TACTICAL VEHICLES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on technologies related to active protection
systems (APS) for armored combat and tactical vehicles.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) With respect to the active protection systems that the
Army has recently tested on the M1A2 Abrams, the M2A3 Bradley,
and the STRYKER, the following:
(A) An assessment of the effectiveness of such
systems.
(B) Plans of the Secretary to further test such
systems.
(C) Proposals for future development of such
systems.
(D) A timeline for fielding such systems.
(2) Plans for how the Army will incorporate active
protection systems into new armored combat and tactical vehicle
designs, such as Mobile Protection Firepower (MPF), Armored
Multi-Purpose Vehicle (AMPV), and Next Generation Combat Vehicle
(NGCV).
SEC. 249. NEXT GENERATION COMBAT VEHICLE.
(a) Prototype.--The Secretary of the Army shall take appropriate
actions to ensure that all necessary resources are planned
[[Page 1702]]
and programmed for accelerated prototyping, component development,
testing, or acquisition for the Next Generation Combat Vehicle (NGCV).
(b) Report.--
(1) In general.--Not later than March 1, 2019, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the development of
the Next Generation Combat Vehicle.
(2) Analysis.--
(A) In general.--The report required by paragraph
(1) shall include a thorough analysis of the
requirements of the Next Generation Combat Vehicle.
(B) Relevance to national defense strategy.--In
carrying out subparagraph (A), the Secretary shall
ensure that the requirements are relevant to the most
recently published National Defense Strategy.
(C) Threats and terrain.--The Secretary shall ensure
that the analysis includes consideration of threats and
terrain.
(D) Component technologies.--The Secretary shall
ensure that the analysis includes consideration of the
latest enabling component technologies developed by the
Tank Automotive, Research, Development, Engineering
Center of the Army that have the potential to
dramatically change basic combat vehicle design and
improve lethality, protection, mobility, range, and
sustainment.
(c) Limitation.--Of the funds authorized to be appropriated for
fiscal year 2019 by section 201 and available for research, development,
testing, and evaluation, Army, for the Next Generation Combat Vehicle,
not more than 90 percent may be obligated or expended until the
Secretary submits the report required by subsection (b).
SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE FUNDS
TO DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
MISSIONS.
Subsection (c) of section 2363 of title 10, United States Code, is
amended to read as follows:
``(c) Release and Dissemination of Information on Contributions From
Use of Authority to Military Missions.--
``(1) Collection of information.--The Secretary shall
establish and maintain mechanisms for the continuous collection
of information on achievements, best practices identified,
lessons learned, and challenges arising in the exercise of the
authority in this section.
``(2) Release of information.--The Secretary shall establish
and maintain mechanisms as follows:
``(A) Mechanisms for the release to the public of
information on achievements and best practices described
in paragraph (1) in unclassified form.
``(B) Mechanisms for dissemination to appropriate
civilian and military officials of information on
achievements and best practices described in paragraph
(1) in classified form.''.
[[Page 1703]]
SEC. 251. BRIEFINGS ON MOBILE PROTECTED FIREPOWER AND FUTURE
VERTICAL LIFT PROGRAMS.
(a) In General.--Not later than March 1, 2019, the Secretary of the
Army shall provide a briefing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the requirements of the Army for Mobile Protected
Firepower (MPF) and Future Vertical Lift (FVL).
(b) Contents.--The briefing provided pursuant to subsection (a)
shall include the following:
(1) With respect to the Mobile Protected Firepower program,
the following:
(A) An explanation of how Mobile Protected Firepower
could survive against the effects of anti-armor and
anti-aircraft networks established within anti-access,
area-denial defenses.
(B) An explanation of how Mobile Protected Firepower
would improve offensive overmatch against a peer
adversary.
(C) Details regarding the total number of Mobile
Protected Firepower systems needed by the Army.
(D) An explanation of how the Mobile Protected
Firepower system will be logistically supported within
light formations.
(E) Plans to integrate active protection systems
into the designs of the Mobile Protected Firepower
program.
(2) With respect to the Future Vertical Lift program, the
following:
(A) An explanation of how Future Vertical Lift could
survive against the effects of anti-aircraft networks
established within anti-access, area-denial defenses.
(B) An explanation of how Future Vertical Lift would
improve offensive overmatch against a peer adversary.
(C) A review of the doctrine, organization,
training, materiel, leadership, education, personnel,
and facilities applicable to determine the total number
of Future Vertical Lift Capability Set 1 or Future
Attack Reconnaissance Aircraft (FARA), required by the
Army.
(D) An implementation plan for the establishment of
Future Vertical Lift, including a timeline for achieving
initial and full operational capability.
(E) A description of the budget requirements for
Future Vertical Lift to reach full operational
capability, including an identification and cost of any
infrastructure and equipment requirements.
(F) A detailed list of all analysis used to
determine the priority of Future Vertical Lift and which
programs were terminated, extended, de-scoped, or
delayed in order to fund Future Vertical Lift Capability
Set 1 or Future Attack Reconnaissance Aircraft in the
Future Year's Defense Plan.
(G) An assessment of the analysis of alternatives on
the Future Vertical Lift Capability Set 3 program.
(H) An identification of any additional authorities
that may be required for achieving full operational
capability of Future Vertical Lift.
[[Page 1704]]
(I) Any other matters deemed relevant by the
Secretary.
SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN.
(a) In General.--The Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics may use funds described in
subsection (b) as follows:
(1) For nontraditional technologies and sustainment
practices (such as additive manufacturing, artificial
intelligence, predictive maintenance, and other software-
intensive and software-defined capabilities) to--
(A) increase the availability of aircraft to the Air
Force; and
(B) decrease backlogs and lead times for the
production of parts for such aircraft.
(2) To advance the qualification, certification, and
integration of additive manufacturing into the Air Force supply
chain.
(3) To otherwise identify and reduce supply chain risk for
the Air Force.
(4) To define workforce development requirements and
training for personnel who implement and support additive
manufacturing for the Air Force at the warfighter, end-item
designer and equipment operator, and acquisition officer levels.
(b) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2019 by section 201 for research, development, test, and
evaluation for the Air Force and available for Tech Transition Program
(Program Element (0604858F)), up to $42,800,000 may be available as
described in subsection (a).
SEC. 253. <> REVIEW OF GUIDANCE ON
BLAST EXPOSURE DURING TRAINING.
(a) Initial Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review the decibel
level exposure, concussive effects exposure, and the frequency of
exposure to heavy weapons fire of an individual during training
exercises to establish appropriate limitations on such exposures.
(b) Elements.--The review required by subsection (a) shall take into
account current data and evidence on the cognitive effects of blast
exposure and shall include consideration of the following:
(1) The impact of exposure over multiple successive days of
training.
(2) The impact of multiple types of heavy weapons being
fired in close succession.
(3) The feasibility of cumulative annual or lifetime
exposure limits.
(4) The minimum safe distance for observers and instructors.
(c) Updated Training Guidance.--Not later than 180 days after the
date of the completion of the review under subsection (a), each
Secretary of a military department shall update any relevant training
guidance to account for the conclusions of the review.
(d) Updated Review.--
(1) In general.--Not later than two years after the initial
review conducted under subsection (a), and not later than two
years thereafter, the Secretary of Defense shall conduct an
updated review under such subsection, including consideration
[[Page 1705]]
of the matters set forth under subsection (b), and update
training guidance under subsection (c).
(2) Consideration of new research and evidence.--Each
updated review conducted under paragraph (1) shall take into
account new research and evidence that has emerged since the
previous review.
(e) Briefing Required.--The Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on a summary of the results of the initial review under
subsection (a), each updated review conducted under subsection (d), and
any updates to training guidance and procedures resulting from any such
review or updated review.
SEC. 254. COMPETITIVE ACQUISITION STRATEGY FOR BRADLEY FIGHTING
VEHICLE TRANSMISSION REPLACEMENT.
(a) Plan Required.--The Secretary of the Army shall develop a
strategy to competitively procure a new transmission for the Bradley
Fighting Vehicle family of vehicles.
(b) Additional Strategy Requirements.--The plan required by
subsection (a) shall include the following:
(1) An analysis of the potential cost savings and
performance improvements associated with developing or procuring
a new transmission common to the Bradley Fighting Vehicle family
of vehicles, including the Armored Multipurpose Vehicle and the
Paladin Integrated Management artillery system.
(2) A plan to use full and open competition as required by
the Federal Acquisition Regulation.
(c) Timeline.--Not later than February 15, 2019, the Secretary of
the Army shall submit to the congressional defense committees the
strategy developed under subsection (a).
(d) Limitation.--None of the funds authorized to be appropriated for
fiscal year 2019 by this Act for Weapons and Tracked Combat Vehicles,
Army, may be obligated or expended to procure a Bradley Fighting Vehicle
replacement transmission until the date that is 30 days after the date
on which the Secretary of the Army submits to the congressional defense
committees the plan required by subsection (a).
SEC. 255. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND
PROGRAMS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the private scientific advisory
group known as ``JASON'' to perform the services covered by this
section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 120 days
after the date of the enactment of this Act.
(b) Independent Assessment.--Under an agreement between the
Secretary and JASON under this section, JASON shall--
(1) assess the strategies, programs, order of battle, and
doctrine of the Department of Defense related to the electronic
warfare mission area and electromagnetic spectrum operations;
(2) assess the strategies, programs, order of battle, and
doctrine of potential adversaries, such as China, Iran, and the
Russian Federation, related to the same;
(3) develop recommendations for improvements to the
strategies, programs, and doctrine of the Department of Defense
[[Page 1706]]
in order to enable the United States to achieve and maintain
superiority in the electromagnetic spectrum in future conflicts;
and
(4) develop recommendations for the Secretary, Congress, and
such other Federal entities as JASON considers appropriate,
including recommendations for--
(A) closing technical, policy, or resource gaps;
(B) improving cooperation and appropriate
integration within the Department of Defense entities;
(C) improving cooperation between the United States
and other countries and international organizations as
appropriate; and
(D) such other important matters identified by JASON
that are directly relevant to the strategies of the
Department of Defense described in paragraph (3).
(c) Liaisons.--The Secretary shall appoint appropriate liaisons to
JASON to support the timely conduct of the services covered by this
section.
(d) Materials.--The Secretary shall provide access to JASON to
materials relevant to the services covered by this section, consistent
with the protection of sources and methods and other critically
sensitive information.
(e) Clearances.--The Secretary shall ensure that appropriate members
and staff of JASON have the necessary clearances, obtained in an
expedited manner, to conduct the services covered by this section.
(f) Report.--Not later than October 1, 2019, the Secretary shall
submit to the congressional defense committees a report on--
(1) the findings of JASON with respect to the assessments
carried out under subsection (b); and
(2) the recommendations developed by JASON pursuant to such
subsection.
(g) Alternate Contract Scientific Organization.--
(1) In general.--If the Secretary is unable within the
period prescribed in paragraph (2) of subsection (a) to enter
into an agreement described in paragraph (1) of such subsection
with JASON on terms acceptable to the Secretary, the Secretary
shall seek to enter into such agreement with another appropriate
scientific organization that--
(A) is not part of the government; and
(B) has expertise and objectivity comparable to that
of JASON.
(2) Treatment.--If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section to JASON shall be treated as a
reference to the other organization.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
[[Page 1707]]
Sec. 313. Use of proceeds from sales of electrical energy derived from
geothermal resources for projects at military installations
where resources are located.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per-
and polyfluoroalkyl substances contamination in drinking
water by agency for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental
takings of marine mammals in the course of specified
activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and
military operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C--Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor
military construction projects related to revitalization and
recapitalization of defense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval
vessels.
Sec. 324. Temporary modification of workload carryover formula.
Sec. 325. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair Facility
in Guam.
Sec. 326. Business case analysis for proposed relocation of J85 Engine
Regional Repair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment,
Restoration, and Modernization structure and mechanism.
Subtitle D--Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and
unit readiness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed
Forces to conduct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew
certifications.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and
reserve components.
Sec. 338. Report on relocation of steam turbine production from Nimitz-
class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E--Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired
military working dogs outside the continental United States
that are suitable for adoption in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of
members of the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific
Defense Readiness Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities
sustainment, restoration, and modernization demolition.
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie,
Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
[[Page 1708]]
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) In General.--Chapter 136 of title 10, United States Code, as
amended by section 851, is further amended by inserting after section
2283, as added by such section 851, the following new section:
``SEC. 2284. <> EXPLOSIVE ORDNANCE DISPOSAL
DEFENSE PROGRAM.
``(a) In General.--The Secretary of Defense shall carry out a
program to be known as the `Explosive Ordnance Disposal Defense Program'
(in this section referred to as the `Program') under which the Secretary
shall ensure close and continuous coordination between military
departments on matters relating to explosive ordnance disposal support
for commanders of geographic and functional combatant commands.
``(b) Roles, Responsibilities, and Authorities.--The plan under
subsection (a) shall include provisions under which--
``(1) the Secretary of Defense shall--
``(A) assign the responsibility for the direction,
coordination, integration of the Program within the
Department of Defense to an Assistant Secretary of
Defense;
``(B) the Assistant Secretary of Defense to whom
responsibility is assigned under paragraph (1) shall
serve as the key individual for the Program responsible
for developing and overseeing policy, plans, programs,
and budgets, and issuing guidance and providing
direction on Department of Defense explosive ordnance
disposal activities;
``(C) designate the Secretary of the Navy, or a
designee of the Secretary's choice, as the executive
agent for the Department of Defense responsible for
providing oversight of the joint program executive
officer who coordinates and integrates joint
requirements for explosive ordnance disposal and carries
out joint research, development, test, and evaluation
and procurement activities on behalf of the military
departments and combatant commands with respect to
explosive ordnance disposal;
``(D) designate a combat support agency to exercise
fund management responsibility of the Department of
Defense-wide program element for explosive ordnance
disposal research, development, test, and evaluation,
transactions other than contracts, cooperative
agreements, and grants related to section 2371 of this
title during research projects including rapid
prototyping and limited procurement urgent activities,
and acquisition; and
[[Page 1709]]
``(E) designate an Army explosive ordnance disposal-
qualified general officer from the combat support agency
designated under subparagraph (D) to serve as the
Chairman of the Department of Defense explosive ordnance
disposal defense program board; and
``(2) the Secretary of each military department shall assess
the needs of the military department concerned with respect to
explosive ordnance disposal and may carry out research,
development, test, and evaluation activities, including other
transactions and procurement activities to address military
department unique needs such as weapon systems, manned and
unmanned vehicles and platforms, cyber and communication
equipment, and the integration of explosive ordnance disposal
sets, kits and outfits and explosive ordnance disposal tools,
equipment, sets, kits, and outfits developed by the department.
``(c) Annual Budget Justification Documents.--
``(1) For fiscal year 2021 and each fiscal year thereafter,
the Secretary of Defense shall submit to Congress with the
defense budget materials a consolidated budget justification
display, in classified and unclassified form, that includes all
of activities of the Department of Defense relating to the
Program.
``(2) The budget display under paragraph (1) for a fiscal
year shall include a single program element for each of the
following:
``(A) Civilian and military pay.
``(B) Research, development, test, and evaluation.
``(C) Procurement.
``(D) Other transaction agreements.
``(E) Military construction.
``(3) The budget display shall include funding data for each
of the military department's respective activities related to
explosive ordnance disposal, including--
``(A) operation and maintenance; and
``(B) overseas contingency operations.''.
(b) <> Clerical Amendment.--The table of
sections at the beginning of such chapter, as amended by section 851, is
further amended by inserting after the item relating to section 2283, as
added by such section 851, the following new section:
``2284. Explosive Ordnance Disposal Defense Program.''.
SEC. 312. FURTHER IMPROVEMENTS TO ENERGY SECURITY AND RESILIENCE.
(a) Energy Policy Authority.--Section 2911(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs:
``(1) establish metrics and standards for the assessment of
energy resilience;
``(2) require the Secretary of a military department to
perform mission assurance and readiness assessments of energy
power systems for mission critical assets and supporting
infrastructure, applying uniform mission standards established
by the Secretary of Defense;''.
[[Page 1710]]
(b) Reporting on Energy Security and Resilience Goals.--Section
2911(c) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) The Secretary of Defense shall include the energy security and
resilience goals of the Department of Defense in the installation energy
report submitted under section 2925(a) of this title for fiscal year
2018 and every fiscal year thereafter. In the development of energy
security and resilience goals, the Department of Defense shall conform
with the definitions of energy security and resilience under this title.
The report shall include the amount of critical energy load, together
with the level of availability and reliability by fiscal year the
Department of Defense deems necessary to achieve energy security and
resilience.''.
(c) Reporting on Installations Energy Management, Energy Resilience,
and Mission Assurance.--Section 2925(a) of title 10, United States Code,
is amended--
(1) by inserting ``, including progress on energy resilience
at military installations according to metrics developed by the
Secretary'' after ``under section 2911 of this title'';
(2) in paragraph (3), by striking ``the mission requirements
associated with disruption tolerances based on risk to mission''
and inserting ``the downtimes (in minutes or hours) these
missions can afford based on their mission requirements and risk
tolerances'';
(3) in paragraph (4), by inserting ``(including critical
energy loads in megawatts and the associated downtime tolerances
for critical energy loads)'' after ``energy requirements and
critical energy requirements'';
(4) by redesignating paragraph (5) as paragraph (7); and
(5) by inserting after paragraph (4) the following new
paragraphs:
``(5) A list of energy resilience projects awarded by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for
the reporting fiscal year, including project description, award
date, the critical energy requirements serviced (including
critical energy loads in megawatts), expected reliability of the
project (as indicated in the awarded contract), life cycle
costs, savings to investment, fuel type, and the type of
appropriation or alternative financing used.
``(6) A list of energy resilience projects planned by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for
the next two fiscal years, including project description, fuel
type, expected award date, and the type of appropriation or
alternative financing expected for use.''.
(d) Inclusion of Energy Security and Resilience as Priorities in
Contracts for Energy or Fuel for Military Installations.--Section
2922a(d) of title 10, United States Code, is amended to read as follows:
``(d) The Secretary concerned shall ensure energy security and
resilience are prioritized and included in the provision and operation
of energy production facilities under this section.''.
(e) Conveyance Authority for Utility Systems.--Section 2688 of title
10, United States Code, is amended--
(1) in subsection (d)(2), by adding at the end the
following: ``The business case analysis must also demonstrate
how a
[[Page 1711]]
privatized system will operate in a manner consistent with
subsection (g)(3).''; and
(2) in subsection (g)(3)--
(A) by striking ``may require'' and inserting
``shall require''; and
(B) by striking ``consistent with energy resilience
requirements and metrics'' and inserting ``consistent
with energy resilience and cybersecurity requirements
and associated metrics''.
(f) Modification of Energy Resilience Definition.--Section 101(e)(6)
of title 10, United States Code, is amended by striking ``task critical
assets and other''.
(g) Authority To Accept Energy Performance Financial Incentives From
State and Local Governments.--Section 2913(c) of title 10, United States
Code, is amended by inserting ``a State or local government'' after
``generally available from''.
(h) Use of Energy Cost Savings To Implement Energy Resilience and
Energy Conservation Construction Projects.--Section 2912(b)(1) of title
10, United States Code, is amended by inserting ``, including energy
resilience and energy conservation construction projects,'' after
``energy security measures''.
(i) Additional Basis for Preservation of Property in the Vicinity of
Military Installations in Agreements With Non-Federal Entities on Use of
Such Property.--Section 2684a(a)(2)(B) of title 10, United States Code,
is amended--
(1) by striking ``(B)'' and inserting ``(B)(i)''; and
(2) by adding at the end of the following new clause:
``(ii) maintains or improves military installation
resilience; or''.
SEC. 313. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY DERIVED
FROM GEOTHERMAL RESOURCES FOR PROJECTS AT
MILITARY INSTALLATIONS WHERE RESOURCES ARE
LOCATED.
Subsection (b) of section 2916 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``Proceeds'' and inserting
``Except as provided in paragraph (3), proceeds''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of proceeds from a sale of electrical energy
generated from any geothermal energy resource--
``(A) 50 percent shall be credited to the appropriation
account described in paragraph (1); and
``(B) 50 percent shall be deposited in a special account in
the Treasury established by the Secretary concerned which shall
be available, for military construction projects described in
paragraph (2) or for installation energy or water security
projects directly coordinated with local area energy or
groundwater governing authorities, for the military installation
in which the geothermal energy resource is located.''.
SEC. 314. OPERATIONAL ENERGY POLICY.
(a) In General.--Section 2926 of title 10, United States Code, is
amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), (f), respectively;
[[Page 1712]]
(2) by inserting before subsection (c), as redesignated by
paragraph (1), the following new subsections:
``(a) Operational Energy Policy.--In carrying out section 2911(a) of
this title, the Secretary of Defense shall ensure the types,
availability, and use of operational energy promote the readiness of the
armed forces for their military missions.
``(b) Authorities.--The Secretary of Defense may--
``(1) require the Secretary of a military department or the
commander of a combatant command to assess the energy
supportability of systems, capabilities, and plans;
``(2) authorize the use of energy security, cost of backup
power, and energy resilience as factors in the cost-benefit
analysis for procurement of operational equipment; and
``(3) in selecting equipment that will use operational
energy, give favorable consideration to the acquisition of
equipment that enhances energy security, energy resilience,
energy conservation, and reduces logistical vulnerabilities.'';
and
(3) in subsection (c), as redesignated by subparagraph (A)--
(A) in the subsection heading, by striking
``Alternative Fuel Activities'' and inserting
``Functions of the Assistant Secretary of Defense for
Energy, Installations, and Environment'';
(B) by striking ``heads of the military departments
and the Assistant Secretary of Defense for Research and
Engineering'' and inserting ``heads of the appropriate
Department of Defense components'';
(C) in paragraph (1), by striking ``lead the
alternative fuel activities'' and inserting ``oversee
the operational energy activities'';
(D) in paragraph (2), by striking ``regarding the
development of alternative fuels by the military
departments and the Office of the Secretary of Defense''
and inserting ``regarding the policies and investments
that affect the use of operational energy across the
Department of Defense'';
(E) in paragraph (3), by striking ``prescribe policy
to streamline the investments in alternative fuel
activities across the Department of Defense'' and
inserting ``recommend to the Secretary policy to improve
warfighting capability through energy security and
energy resilience''; and
(F) in paragraph (5), by striking ``subsection
(c)(4)'' and inserting ``subsection (e)(4)''.
(b) Conforming Amendments.--(1) Section 2925(b)(1) of title 10,
United States Code, is amended by striking ``section 2926(b)'' and
inserting ``section 2926(d)''.
(2) Section 1061(c)(55) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is amended
by striking ``Section 2926(c)(4)'' and inserting ``Section 2926(e)(4)''.
[[Page 1713]]
SEC. 315. FUNDING OF STUDY AND ASSESSMENT OF HEALTH IMPLICATIONS
OF PER- AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY
FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
(a) Funding.--Paragraph (2) of section 316(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
amended to read as follows:
``(2) Funding.--
``(A) Source of funds.--The study and assessment
performed pursuant to this section may be paid for using
funds authorized to be appropriated to the Department of
Defense under the heading `Operation and Maintenance,
Defense-Wide'.
``(B) Transfer authority.--(i) Of the amounts
authorized to be appropriated for the Department of
Defense for fiscal year 2018, not more than $10,000,000
shall be transferred by the Secretary of Defense,
without regard to section 2215 of title 10, United
States Code, to the Secretary of Health and Human
Services to pay for the study and assessment required by
this section.
``(ii) Without regard to section 2215 of title 10,
United States Code, the Secretary of Defense may
transfer not more than $10,000,000 a year during fiscal
years 2019 and 2020 to the Secretary of Health and Human
Services to pay for the study and assessment required by
this section.
``(C) Expenditure authority.--Amounts transferred to
the Secretary of Health and Human Services shall be used
to carry out the study and assessment under this section
through contracts, cooperative agreements, or grants. In
addition, such funds may be transferred by the Secretary
of Health and Human Services to other accounts of the
Department for the purposes of carrying out this
section.
``(D) Relationship to other transfer authorities.--
The transfer authority provided under this paragraph is
in addition to any other transfer authority available to
the Department of Defense.''.
(b) Report to Congress on Department of Defense Assessment and
Remediation Plan.--Not later than 180 days after the date on which the
Administrator of the Environmental Protection Agency establishes a
maximum contaminant level for per- and polyfluoroalkyl substances (PFAS)
contamination in drinking water in a national primary drinking water
regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C.
300g-1), the Secretary of Defense shall submit to the congressional
defense committees a report containing a plan to--
(1) assess any contamination at Department of Defense
installations and surrounding communities that may have occurred
from PFAS usage by the Department of Defense;
(2) identify any remediation actions the Department plans to
undertake using the maximum contaminant level established by the
Environmental Protection Agency;
(3) provide an estimate of the cost of such remediation and
a schedule for accomplishing such remediation; and
[[Page 1714]]
(4) provide an assessment of past expenditures by local
water authorities to address contamination before the
Environmental Protection Agency established a maximum
contaminant level and an estimate of the cost to reimburse
communities that remediated water to a level not greater than
such level.
(c) Assessment of Health Effects of PFAS Exposure.--The Secretary of
Defense shall conduct an assessment of the human health implications of
PFAS exposure. Such assessment shall include--
(1) a meta-analysis that considers the current scientific
evidence base linking the health effects of PFAS on individuals
who served as members of the Armed Forces and were exposed to
PFAS at military installations;
(2) an estimate of the number of members of the Armed Forces
and veterans who may have been exposed to PFAS while serving in
the Armed Forces;
(3) the development of a process that would facilitate the
transfer between the Department of Defense and the Department of
Veterans Affairs of health information of individuals who served
in the Armed Forces and may have been exposed to PFAS during
such service; and
(4) a description of the amount of funding that would be
required to administer a potential registry of individuals who
may have been exposed to PFAS while serving in the Armed Forces.
SEC. 316. EXTENSION OF AUTHORIZED PERIODS OF PERMITTED INCIDENTAL
TAKINGS OF MARINE MAMMALS IN THE COURSE OF
SPECIFIED ACTIVITIES BY DEPARTMENT OF
DEFENSE.
Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(5)(A)) is amended--
(1) in clause (i), by striking ``Upon request'' and
inserting ``Except as provided by clause (ii), upon request'';
(2) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(3) by inserting after clause (i) the following new clause
(ii):
``(ii) In the case of a military readiness activity (as defined in
section 315(f) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 703 note), clause (i)
shall be applied--
``(I) in the matter preceding clause (I), by substituting
`seven consecutive years' for `five consecutive years'; and
``(II) in clause (I), by substituting `seven-year' for
`five-year'.''.
SEC. 317. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has identified nearly 39,500
sites that fall under the installation restoration program sites
and munitions response sites.
(2) The installation response program addresses
contamination from hazardous substances, pollutants, or
contaminants and active military installations, formerly used
defense site properties, and base realignment and closure
locations in the United States.
[[Page 1715]]
(3) Munitions response sites are known or suspected to
contain unexploded ordnance, discarded military munitions, or
munitions constitutes are addressed through the military
munitions response program.
(4) The installation restoration program sites and munitions
response sites have had significant impacts on state and local
governments that have had to bear the increased costs of
environmental degradation, notably groundwater contamination,
and local populations that have had to live with the
consequences of contaminated drinking, including increased
health concerns and decreasing property values.
(5) Through the end of fiscal year 2017, the Department of
Defense had achieved response complete at 86 percent of
installation restoration program sites and munitions response
sites, but projects that it will fall short of meeting its goal
of 90 percent by the end of fiscal year 2018.
(6) The fiscal year 2019 budget request for environmental
restoration and base realignment and closure amounted to nearly
$1,318,320,000, a decrease of $53,429,000 from the amount
authorized in the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the environmental restoration and base realignment and
closure programs are important for the protection of the
environment, the health of the military and civilian personnel
and their families who live and work on military installations,
to ensure that current and legacy military operations do not
adversely affect the health or environments of surrounding
communities;
(2) the Department of Defense and the Armed Forces should
seek to reduce the financial burden on state and local
government who are bearing significant costs of cleanup stemming
from defense related activities;
(3) the Department of Defense and the Armed Forces should
expedite and streamline cleanup at locations where contamination
is having a direct impact on civilian access to clean drinking
water;
(4) the Department of Defense and the Armed Forces should
continue to engage with and help allay local community concerns
about the safety of the drinking water due to environmental
degradation caused by defense related activities; and
(5) the Department of Defense should seek opportunities to
accelerate environmental restoration efforts where feasible, to
include programming additional resources for response actions,
investing in technology solutions that may expedite response
actions, improving contracting procedures, increasing
contracting capacity, and seeking opportunities for partnerships
and other cooperative approaches.
SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER
RADARS AND MILITARY OPERATIONS.
(a) In General.--The Secretary of Defense shall enter into an
arrangement with the National Oceanic and Atmospheric Administration to
conduct a study on how to improve existing National Oceanic and
Atmospheric Administration and National Weather Service tools to reflect
the latest data and policies to improve consistency in weather radars,
with a focus on a research
[[Page 1716]]
and development and field test evaluation program to validate existing
mitigation options and develop additional options for weather radar
impact, in collaboration with the National Weather Service, the
Department of Energy, and the Federal Aviation Administration, and with
input from academia and industry.
(b) Elements.--The study required pursuant to subsection (a) shall
include the following:
(1) The potential impacts of wind farms on NEXRAD radars and
other Federal radars for weather forecasts and warnings used by
the Department of Defense, the National Oceanic and Atmospheric
Administration, and the National Weather Service.
(2) Recommendations to reduce, mitigate, or eliminate the
potential impacts.
(3) Recommendations for addressing the impacts to NEXRADs
and weather radar due to increasing turbine heights.
(4) Recommendations to ensure wind farms do not impact the
ability of the National Oceanic and Atmospheric Administration
and the National Weather Service to warn or forecast hazardous
weather.
(5) The cumulative impacts of multiple wind farms near a
single radar on the ability of the National Oceanic and
Atmospheric Administration and the National Weather Service to
warn or forecast hazardous weather.
(6) An analysis of whether certain wind turbine projects,
based on project layout, turbine orientation, number of
turbines, density of turbines, proximity to radar, or turbine
height result in greater impacts to the missions of Department
of Defense, the National Oceanic and Atmospheric Administration,
and the National Weather Service, and if so, how can those
projects be better cited to reduce or eliminate NEXRAD impacts.
(7) Case studies where the Department of Defense, the
National Weather Service, and industry have worked together to
implement solutions.
(8) Mitigation options, including software and hardware
upgrades, which the National Oceanic and Atmospheric
Administration and the National Weather Service have researched
and analyzed, and the results of such research and analysis.
(9) A review of mitigation research performed to date by the
Government and or academia.
(10) Identification of future research opportunities,
requirements, and recommendations for the SENSR program to
mitigate energy development.
(c) Submittal to Congress.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study conducted
pursuant to subsection (a).
SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS.
(a) Site Investigation Required.--The Secretary of the Air Force
shall conduct a core sampling study along the proposed route of the W-6
wastewater treatment line on Air Force real property, in compliance with
best engineering practices, to determine if any regulated or hazardous
substances are present in the soil along the proposed route.
(b) Report Required.--Not later than 15 months after the date of the
enactment of this Act, the Secretary of the Air Force
[[Page 1717]]
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the core samples
taken pursuant to subsection (a).
SEC. 320. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX,
KENTUCKY.
(a) Authority.--
(1) In general.--The Secretary of the Army is authorized to
continue production, treatment, management, and use of the
natural gas from covered wells at Fort Knox, without regard to
section 3 of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 352), with the limitation that the Secretary of the Army
shall comply with the Mineral Leasing Act, Mineral Leasing Act
for Acquired Lands, and the Federal Oil and Gas Royalty
Management Act, for additional oil or natural gas drilling
operations and production activities beyond the production from
the covered wells at Fort Knox.
(2) Contract authority.--The Secretary is authorized to
enter into a contract with an appropriate entity to carry out
paragraph (1), with the limitation that the authority provided
in this section does not affect or authorize any interference
with the Muldraugh Gas Storage Facility at Fort Knox.
(b) Royalties to the State of Kentucky.--
(1) In general.--In implementing this section--
(A) The Secretary of the Interior shall calculate
the value of royalty payments, calculated on a calendar
year basis beginning on the date of enactment of this
section, that the State of Kentucky would have received
under the Mineral Leasing Act for Acquired Lands (30
U.S.C. 352) for future natural gas produced at Fort Knox
under the authority of this section as though the
natural gas had been produced under the Mineral Leasing
Act for Acquired Lands, and provide the calculation to
the Secretary of the Army.
(B) Upon request of the Secretary of the Interior,
the Secretary of the Army or its contractor shall
promptly provide all information, documents, or other
materials the Secretary of the Interior deems necessary
to conduct this calculation.
(C) The Secretary of the Army shall pay to the
Treasury of the United States the value of royalty
calculated under this section upon receipt of the
calculation from the Secretary of the Interior.
(D) The Secretary of the Interior shall disburse the
sums collected from the Secretary of the Army pursuant
to this paragraph to the State of Kentucky as though the
funds were being disbursed to the State under section 6
of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
355) no later than 6 months after the date of the
enactment of this Act.
(E) Regardless of the value of the royalty payments
calculated under subparagraph (A), in no case may the
amount of the sums disbursed under subparagraph (D) for
any calendar year exceed $49,000.
(2) Waiver authority.--The Governor of Kentucky may waive
paragraph (1) by providing written notice to the Secretary of
the Interior to that effect.
[[Page 1718]]
(c) Ownership of Facilities.--The Secretary of the Army may take
ownership of any gas production and treatment equipment and facilities
and associated infrastructure from an entity with which the Secretary
has entered into a contract under subsection (a) in accordance with the
terms of the contract. The Secretary of the Interior shall have no
responsibility for the plugging and abandonment of the covered wells at
Fort Knox, the reclamation of the covered wells at Fort Knox, or any
environmental damage caused or associated with the production of the
covered wells at Fort Knox.
(d) Applicability.--The authority of the Secretary of the Army under
this section is effective as of August 2, 2007.
(e) Limitation on Uses.--Any natural gas produced under the
authority of this section may be used only to support energy security
and energy resilience at Fort Knox. For purposes of this section, energy
security and energy resilience include maintaining and continuing to
produce natural gas from the covered wells at Fort Knox, and enhancing
the Fort Knox energy grid through acquisition and maintenance of battery
storage, loop transmission lines and pipelines, sub-stations, and
automated circuitry.
(f) Safety Standards for Gas Wells.--The covered wells at Fort Knox
shall meet the same technical installation and operating standards that
they would have had to meet had they been installed under a lease
pursuant to the Mineral Leasing Act for Acquired Lands. Such standards
include the gas measurement requirements in the Federal Oil and Gas
Royalty Management Act and the operational standards in the Onshore Oil
and Gas Operating and Production regulations issued by the Bureau of
Land Management. The Bureau of Land Management shall inspect and enforce
the Army's and its contractor's compliance with the standards of the
Mineral Leasing Act for Acquired Lands, the Federal Oil and Gas Royalty
Management Act, and the Bureau of Land Management Onshore Oil and Gas
Operating and Production regulations.
(g) Covered Wells at Fort Knox.--In this section, the term ``covered
wells at Fort Knox'' means the 26 wells located at Fort Knox, Kentucky,
as of the date of the enactment of this Act.
Subtitle C--Logistics and Sustainment
SEC. 321. AUTHORIZING USE OF WORKING CAPITAL FUNDS FOR UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS
RELATED TO REVITALIZATION AND
RECAPITALIZATION OF DEFENSE INDUSTRIAL
BASE FACILITIES.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(u) Use for Unspecified Minor Military Construction Projects to
Revitalize and Recapitalize Defense Industrial Base Facilities.--(1) The
Secretary of a military department may use a working capital fund of the
department under this section to carry out an unspecified minor military
construction project under section 2805 for the revitalization and
recapitalization of a defense industrial base facility owned by the
United States and under the jurisdiction of the Secretary.
[[Page 1719]]
``(2) Section 2805 shall apply with respect to a project carried out
with a working capital fund under the authority of this subsection in
the same manner as such section applies to any unspecified minor
military construction project under section 2805.
``(3) In this subsection, the term `defense industrial base
facility' means any Department of Defense depot, arsenal, shipyard, or
plant located within the United States.
``(4) The authority to use a working capital fund to carry out a
project under the authority of this subsection expires on September 30,
2023.''.
SEC. 322. EXAMINATION OF NAVY VESSELS.
(a) Notice of Examinations.--Subsection (a) of section 7304 of title
10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraph (B), any naval vessel
examined under this section on or after January 1, 2020, shall be
examined with minimal notice provided to the crew of the vessel.
``(B) Subparagraph (A) shall not apply to a vessel undergoing
necessary trials before acceptance into the fleet.''.
(b) Annual Report.--Such section is further amended by adding at the
end the following new subsection:
``(d) Annual Report.--(1) Not later than March 1 each year, the
board designated under subsection (a) shall submit to the congressional
defense committees a report setting forth the following:
``(A) An overall narrative summary of the material readiness
of Navy ships as compared to established material requirements
standards.
``(B) The overall number and types of vessels inspected
during the preceding fiscal year.
``(C) For in-service vessels, material readiness trends by
inspected functional area as compared to the previous five
years.
``(2) Each report under this subsection shall be submitted in an
unclassified form that is releasable to the public without further
redaction.
``(3) No report shall be required under this subsection after
October 1, 2021.''.
SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOYMENT OF
NAVAL VESSELS.
(a) Limitation.--
(1) In general.--Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 7320. <> Limitation on length of
overseas forward deployment of naval vessels
``(a) Limitation.--The Secretary of the Navy shall ensure that no
naval vessel specified in subsection (b) that is listed in the Naval
Vessel Register is forward deployed overseas for a period in excess of
ten years. At the end of a period of overseas forward deployment, the
vessel shall be assigned a homeport in the United States.
[[Page 1720]]
``(b) Vessels Specified.--A naval vessel specified in this
subsection is any of the following:
``(1) Aircraft carrier.
``(2) Amphibious ship.
``(3) Cruiser.
``(4) Destroyer.
``(5) Frigate.
``(6) Littoral Combat Ship.
``(c) Waiver.--The Secretary of the Navy may waive the limitation
under subsection (a) with respect to a naval vessel if the Secretary
submits to the congressional defense committees notice in writing of--
``(1) the waiver of such limitation with respect to the
vessel;
``(2) the date on which the period of overseas forward
deployment of the vessel is expected to end; and
``(3) the factors used by the Secretary to determine that a
longer period of deployment would promote the national defense
or be in the public interest.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <> is
amended by adding at the end the following new section:
``7320. Limitation on length of overseas forward deployment of naval
vessels.''.
(b) <> Treatment of Currently Deployed
Vessels.--In the case of any naval vessel that has been forward deployed
overseas for a period in excess of ten years as of the date of the
enactment of this Act, the Secretary of the Navy shall ensure that such
vessel is assigned a homeport in the United States by not later than
three years after the date of the enactment of this Act.
(c) Congressional Briefing.--Not later than October 1, 2020, the
Secretary of the Navy shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing on the plan of the
Secretary for the rotation of forward deployed naval vessels.
SEC. 324. TEMPORARY MODIFICATION OF WORKLOAD CARRYOVER FORMULA.
During the period beginning on the date of the enactment of this Act
and ending on September 30, 2021, in carrying out chapter 9, volume 2B
(relating to Instructions for the Preparation of Exhibit Fund-11a
Carryover Reconciliation) of Department of Defense regulation 7000.14-R,
entitled ``Financial Management Regulation (FMR)'', in addition to any
other applicable exemptions, the Secretary of Defense shall ensure that
with respect to each military department depot or arsenal, outlay
rates--
(1) reflect the timing of when during a fiscal year
appropriations have historically funded workload; and
(2) account for the varying repair cycle times of the
workload supported.
SEC. 325. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF
ELEMENTS OF MASTER PLAN FOR REDEVELOPMENT
OF FORMER SHIP REPAIR FACILITY IN GUAM.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the Navy for fiscal year 2019 may be obligated or expended
for any construction, alteration, repair, or development
[[Page 1721]]
of the real property consisting of the Former Ship Repair Facility in
Guam.
(b) Exception.--The limitation under subsection (a) does not apply
to any project that directly supports depot-level ship maintenance
capabilities, including the mooring of a floating dry dock.
(c) Former Ship Repair Facility in Guam.--In this section, the term
``Former Ship Repair Facility in Guam'' means the property identified by
that name under the base realignment and closure authority carried out
under the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELOCATION OF J85
ENGINE REGIONAL REPAIR CENTER.
(a) Business Case Analysis.--The Secretary of the Air Force shall
prepare a business case analysis on the proposed relocation of the J85
Engine Regional Repair Center. Such analysis shall include each of the
following:
(1) An overview of each alternative considered for the J85
Engine Regional Repair Center.
(2) The one-time and annual costs associated with each such
alternative.
(3) The effect of each such alternative on workload
capacity, capability, schedule, throughput, and costs.
(4) The effect of each such alternative on Government-
furnished parts, components, and equipment, including mitigation
strategies to address known limitations to T38 production
throughput, especially such limitations caused by Government-
furnished parts, equipment, or transportation.
(5) The effect of each such alternative on the transition of
the Air Force to the T-X training aircraft.
(6) A detailed rationale for the selection of an alternative
considered as part of the business case analysis under this
section.
(b) Limitation on Use of Funds for Relocation.--None of the funds
authorized to be appropriated by this Act, or otherwise made available
for the Air Force, may be obligated or expended for any action to
relocate the J85 Engine Regional Repair Center until the date that is
150 days after the date on which the Secretary of the Air Force provides
to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the business case analysis required by
subsection (a).
SEC. 327. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS.
(a) Report Required.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall develop and submit to the
Committee on Armed Services and the Committee on Energy and Commerce in
the House of Representatives and the Committee on Armed Services and the
Committee on Energy and Natural Resources in the Senate a report
describing the requirements for, and components of, a pilot program to
provide resilience for critical national security infrastructure at
Department of Defense facilities with high energy intensity and
currently expensive utility rates and Department of Energy facilities by
contracting with a commercial entity to site, construct, and operate at
least one licensed micro-reactor at a facility identified under the
report by December 31, 2027.
[[Page 1722]]
(b) Consultation.--As necessary to develop the report required under
subsection (a), the Secretary shall consult with--
(1) the Secretary of Defense;
(2) the Nuclear Regulatory Commission; and
(3) the Administrator of the General Services
Administration.
(c) Contents.--The report required under subsection (a) shall
include--
(1) identification of potential locations to site,
construct, and operate a micro-reactor at a Department of
Defense or Department of Energy facility that contains critical
national security infrastructure that the Secretary determines
may not be energy resilient;
(2) assessments of different nuclear technologies to provide
energy resiliency for critical national security infrastructure;
(3) a survey of potential commercial stakeholders with which
to enter into a contract under the pilot program to construct
and operate a licensed micro-reactor;
(4) options to enter into long-term contracting, including
various financial mechanisms for such purpose;
(5) identification of requirements for micro-reactors to
provide energy resilience to mission-critical functions at
facilities identified under paragraph (1);
(6) an estimate of the costs of the pilot program;
(7) a timeline with milestones for the pilot program;
(8) an analysis of the existing authority of the Department
of Energy and Department of Defense to permit the siting,
construction, and operation of a micro-reactor; and
(9) recommendations for any legislative changes to the
authorities analyzed under paragraph (8) necessary for the
Department of Energy and the Department of Defense to permit the
siting, construction, and operation of a micro-reactor.
(d) Definitions.--In this section:
(1) The term ``critical national security infrastructure''
means any site or installation that the Secretary of Energy or
the Secretary of Defense determines supports critical mission
functions of the national security enterprise.
(2) The term ``licensed'' means holding a license under
section 103 or 104 of the Atomic Energy Act of 1954.
(3) The term ``micro-reactor'' means a nuclear reactor that
has a power production capacity that is not greater than 50
megawatts.
(4) The term ``pilot program'' means the pilot program
described in subsection (a).
(5) The term ``Secretary'' means Secretary of Energy.
(e) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified appendix.
(f) Limitations.--This Act does not authorize the Department of
Energy or Department of Defense to enter into a contract with respect to
the pilot program.
[[Page 1723]]
SEC. 328. <> LIMITATION ON MODIFICATIONS
TO NAVY FACILITIES SUSTAINMENT,
RESTORATION, AND MODERNIZATION STRUCTURE
AND MECHANISM.
The Secretary of the Navy may not make any modification to the
existing Navy Facilities Sustainment, Restoration, and Modernization
structure or mechanism that would modify duty relationships or
significantly alter the existing structure until 90 days after providing
notice of the proposed modification to the congressional defense
committees.
Subtitle D--Reports
SEC. 331. REPORTS ON READINESS.
(a) Uniform Applicability of Readiness Reporting System.--Subsection
(b) of section 117 of title 10, United States Code, is amended--
(1) by inserting ``and maintaining'' after ``establishing'';
(2) in paragraph (1), by striking ``reporting system is
applied uniformly throughout the Department of Defense'' and
inserting ``reporting system and associated policies are applied
uniformly throughout the Department of Defense, including
between and among the joint staff and each of the armed
forces'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraphs:
``(2) that is the single authoritative readiness reporting
system for the Department, and that there shall be no military
service specific systems;
``(3) that readiness assessments are accomplished at an
organizational level at, or below, the level at which forces are
employed;
``(4) that the reporting system include resources
information, force posture, and mission centric capability
assessments, as well as predicted changes to these
attributes;''; and
(5) in paragraph (5), as redesignated by paragraph (3) of
this subsection, by inserting ``, or element of a unit,'' after
``readiness status of a unit''.
(b) Capabilities of Readiness Reporting System.--Such section is
further amended in subsection (c)--
(1) in paragraph (1)--
(A) by striking ``Measure, on a monthly basis, the
capability of units'' and inserting ``Measure the
readiness of units''; and
(B) by striking ``conduct their assigned wartime
missions'' and inserting ``conduct their designed and
assigned missions'';
(2) in paragraph (2)--
(A) by striking ``Measure, on an annual basis,'' and
inserting ``Measure''; and
(B) by striking ``wartime missions'' and inserting
``designed and assigned missions'';
(3) in paragraph (3)--
(A) by striking ``Measure, on an annual basis,'' and
inserting ``Measure''; and
[[Page 1724]]
(B) by striking ``wartime missions'' and inserting
``designed and assigned missions'';
(4) in paragraph (4), by striking ``Measure, on a monthly
basis,'' and inserting ``Measure'';
(5) in paragraph (5), by striking ``Measure, on an annual
basis,'' and inserting ``Measure'';
(6) by striking paragraphs (6) and (8) and redesignating
paragraph (7) as paragraph (6); and
(7) in paragraph (6), as so redesignated, by striking
``Measure, on a quarterly basis,'' and inserting ``Measure''.
(c) Semi-annual and Monthly Joint Readiness Reviews.--Such section
is further amended in subsection (d)(1)(A) by inserting ``, which
includes a validation of readiness data currency and accuracy'' after
``joint readiness review''.
(d) Quarterly Report on Change in Current State of Unit Readiness.--
Such section is further amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Quarterly Report on Monthly Changes in Current State of
Readiness of Units.--For each quarter that begins after the date of the
enactment of this subsection and ends on or before September 30, 2023,
the Secretary shall submit to the congressional defense committees a
report on each monthly upgrade or downgrade of the current state of
readiness of a unit that was issued by the commander of a unit during
the previous quarter, together with the rationale of the commander for
the issuance of such upgrade or downgrade.''.
(e) Annual Report to Congress on Operational Contract Support.--Such
section is further amended by inserting after the new subsection (f), as
added by subsection (d)(2) of this section, the following new
subsection:
``(g) Annual Report on Operational Contract Support.--The Secretary
shall each year submit to the congressional defense committees a report
in writing containing the results of the most recent annual measurement
of the capability of operational contract support to support current and
anticipated wartime missions of the armed forces. Each such report shall
be submitted in unclassified form, but may include a classified
annex.''.
(f) Regulations.--Such section is further amended in subsection (h),
as redesignated by subsection (d)(1) of this section, by striking
``prescribe the units that are subject to reporting in the readiness
reporting system, what type of equipment is subject to such reporting''
and inserting ``prescribe the established information technology system
for Department of Defense reporting, specifically authorize exceptions
to a single-system architecture, and identify the organizations, units,
and entities that are subject to reporting in the readiness reporting
system, what organization resources are subject to such reporting''.
(g) Conforming Amendments.--
(1) Section heading.--Such section is further amended in the
section heading by striking ``: establishment; reporting to
congressional committees''.
(2) Table of sections.--The table of sections at the
beginning of chapter 2 <> is amended
by striking the item relating to section 117 and inserting the
following new item:
``117. Readiness reporting system.''.
[[Page 1725]]
SEC. 332. MATTERS FOR INCLUSION IN QUARTERLY REPORTS ON PERSONNEL
AND UNIT READINESS.
Section 482 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by inserting after ``deficiency''
the following: ``in the ground, sea, air, space, and cyber
forces, and in such other such areas as determined by the
Secretary of Defense,''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking
``Assigned Mission'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (2) as paragraph
(3); and
(D) by inserting after paragraph (1) the following
new paragraph (2):
``(2) A report for the second or fourth quarter of a
calendar year under this section shall also include an
assessment by each commander of a geographic or functional
combatant command of the readiness of the command to conduct
operations in a multidomain battle that integrates ground, air,
sea, space, and cyber forces.''.
SEC. 333. ANNUAL COMPTROLLER GENERAL REVIEWS OF READINESS OF ARMED
FORCES TO CONDUCT FULL SPECTRUM
OPERATIONS.
(a) Reviews Required.--For each of calendar years 2018 through 2021,
the Comptroller General of the United States shall conduct an annual
review of the readiness of the Armed Forces to conduct each of the
following types of full spectrum operations:
(1) Ground.
(2) Sea.
(3) Air.
(4) Space.
(5) Cyber.
(b) Elements of Review.--In conducting a review under subsection
(a), the Comptroller General shall--
(1) use standard methodology and reporting formats in order
to show changes over time;
(2) evaluate, using fiscal year 2017 as the base year of
analysis--
(A) force structure;
(B) the ability of major operational units to
conduct operations; and
(C) the status of equipment, manning, and training;
and
(3) provide reasons for any variances in readiness levels,
including changes in funding, availability in parts, training
opportunities, and operational demands.
(c) Metrics.--For purposes of the reviews required by this section,
the Secretary of Defense shall identify and establish metrics for
measuring readiness for the operations covered by subsection (a). In the
first review conducted under this section, the Comptroller General shall
evaluate and determine the validity of such metrics.
(d) Access to Relevant Data.--For purposes of this section, the
Secretary of Defense shall ensure that the Comptroller General has
access to all relevant data, including--
[[Page 1726]]
(1) any assessments of the ability of the Department of
Defense and the Armed Forces to execute operational and
contingency plans;
(2) any internal Department readiness and force structure
assessments; and
(3) the readiness databases of the Department and the Armed
Forces.
(e) Reports.--
(1) Annual report.--Not later than February 28, 2019, and
annually thereafter until 2022, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and
House of Representatives an annual report on the review
conducted under subsection (a) for the year preceding the year
during which the report is submitted.
(2) Additional reports.--At the discretion of the
Comptroller General, the Comptroller General may submit to the
Committees on Armed Services of the Senate and House of
Representatives additional reports addressing specific mission
areas within the operations covered by subsection (a) in order
to provide an independent assessment of readiness in the areas
of equipping, mapping, and training.
SEC. 334. SURFACE WARFARE TRAINING IMPROVEMENT.
(a) Findings.--Congress makes the following findings:
(1) In 2017, there were three collisions and one grounding
involving United States Navy ships in the Western Pacific. The
two most recent mishaps involved separate incidents of a Japan-
based United States Navy destroyer colliding with a commercial
merchant vessel, resulting in the combined loss of 17 sailors.
(2) The causal factors in these four mishaps are linked
directly to a failure to take sufficient action in accordance
with the rules of good seamanship.
(3) Because risks are high in the maritime environment,
there are widely accepted standards for safe seamanship and
navigation. In the United States, the International Convention
on Standards of Training, Certification and Watchkeeping
(hereinafter in this section referred to as the ``STCW'') for
Seafarers, standardizes the skills and foundational knowledge a
maritime professional must have in seamanship and navigation.
(4) Section 568 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2139)
endorsed the STCW process and required the Secretary of Defense
to maximize the extent to which Armed Forces service, training,
and qualifications are creditable toward meeting merchant
mariner licenses and certifications.
(5) The Surface Warfare Officer Course Curriculum is being
modified to include ten individual Go/No Go Mariner Assessments/
Competency Check Milestones to ensure standardization and
quality of the surface warfare community.
(6) The Military-to-Mariner Transition report of September
2017 notes the Army maintains an extensive STCW qualifications
program and that a similar Navy program does not exist.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of the Navy should establish a
comprehensive individual proficiency assessment process and
include such
[[Page 1727]]
an assessment prior to all operational surface warfare officer
tour assignments; and
(2) the Secretary of the Navy should significantly expand
the STCW qualifications process to improve seamanship and
navigation individual skills training for surface warfare
candidates, surface warfare officers, quartermasters and
operations specialists to include an increased set of courses
that directly correspond to STCW standards.
(c) Report.--Not later than March 1, 2019, the Secretary of the Navy
shall submit to the congressional defense committees a report that
includes each of the following:
(1) A detailed description of the surface warfare officer
assessments process.
(2) A list of programs that have been approved for credit
toward merchant mariner credentials.
(3) A complete gap analysis of the existing surface warfare
training curriculum and STCW.
(4) A complete gap analysis of the existing surface warfare
training curriculum and the 3rd mate unlimited licensing
requirement.
(5) An assessment of surface warfare options to complete the
3rd mate unlimited license and the STCW qualification.
SEC. 335. REPORT ON OPTIMIZING SURFACE NAVY VESSEL INSPECTIONS AND
CREW CERTIFICATIONS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
Congress a report on optimizing surface Navy vessel inspections and crew
certifications to reduce the burden of inspection type visits that
vessels undergo. Such report shall include--
(1) an audit of all surface Navy vessel inspections,
certifications, and required and recommended assist visits;
(2) an analysis of such inspections, certifications, and
visits for redundancies, as well as any necessary items not
covered;
(3) recommendations to streamline surface vessel
inspections, certifications, and required and recommended assist
visits to optimize effectiveness, improve material readiness,
and restore training readiness; and
(4) recommendations for congressional action to address the
needs of the Navy as identified in the report.
(b) Congressional Briefing.--Not later than January 31, 2019, the
Secretary of the Navy shall provide to the Senate Committee on Armed
Services and the House Committee on Armed Services an interim briefing
on the matters to be included in the report required by subsection (a).
SEC. 336. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
The Secretary of Defense, in consultation with the heads of each of
the military departments and the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees a report on labor
hours and depot maintenance, which shall include--
(1) the amount of public and private funding of depot-level
maintenance and repair (as defined in section 2460 of title 10
United States Code) for the Department of Defense,
[[Page 1728]]
Army, Navy, Marine Corps, Air Force, Special Operations Command,
and any other unified command identified by the Secretary,
expressed by commodity group by percentage and actual numbers in
terms of dollars and direct labor hours;
(2) within each category of depot level maintenance and
repair for each entities, the amount of the subset of depot
maintenance workload that meets the description under section
2464 of title 10, United States Code, that is performed in the
public and private sectors by direct labor hours and by dollars;
(3) of the subset referred to in paragraph (2), the amount
of depot maintenance workload performed in the public and
private sector by direct labor hour and by dollars for each
entity that would otherwise be considered core workload under
such section 2464, but is not considered core because a weapon
system or equipment has not been declared a program of record;
and
(4) the projections for the upcoming future years defense
program, including the distinction between the Navy and the
Marine Corps for the Department of the Navy, as well as any
unified command, including the Special Operations Command.
SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILITIES OF ACTIVE
AND RESERVE COMPONENTS.
(a) Sense of Congress.--It is the sense of Congress that wildfires
endanger national security.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the wildfire suppression capabilities within the active and reserve
components of the Armed Forces, including the Modular Airborne Fire
Fighting System Program, and interagency cooperation with the Forest
Service and the Department of the Interior.
SEC. 338. REPORT ON RELOCATION OF STEAM TURBINE PRODUCTION FROM
NIMITZ-CLASS AND FORD-CLASS AIRCRAFT
CARRIERS AND VIRGINIA-CLASS AND COLUMBIA-
CLASS SUBMARINES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Assistant
Secretary of the Navy for Research, Development, and Acquisition, shall
develop and submit to Congress a report describing the potential impacts
on national defense and the manufacturing base resulting from
contractors or subcontractors relocating steam turbine production for
Nimitz-class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines. Such report shall address each of the
following:
(1) The overall risk of moving production on the national
security of the United States, including the likelihood of
production delay or reduction in quality of steam turbines.
(2) The impact on national security from a delay in
production of aircraft carriers and submarines.
(3) The impacts on regional suppliers the current production
of steam turbines draw on and their ability to perform other
contracts should a relocation happen.
[[Page 1729]]
(4) The impact on the national industrial and manufacturing
base and loss of a critically skilled workforce resulting from a
relocation of production.
(5) The risk of moving production on total cost of the
acquisition.
SEC. 339. REPORT ON SPECIALIZED UNDERGRADUATE PILOT TRAINING
PRODUCTION, RESOURCING, AND LOCATIONS.
(a) In General.--Not later than March 1, 2019, the Secretary of the
Air Force shall submit to the congressional defense committees a report
on existing Specialized Undergraduate Pilot Training (SUPT) production,
resourcing, and locations.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the strategy of the Air Force for
utilizing existing SUPT locations to produce the number of
pilots the Air Force requires.
(2) The number of pilots that each SUPT location has
graduated, by year, over the previous 5 fiscal years.
(3) The forecast number of pilots that each SUPT location
will produce for fiscal year 2019.
(4) The maximum production capacity of each SUPT location.
(5) The extent to which existing SUPT installations are
operating at maximum capacity in terms of pilot production.
(6) A cost estimate of the resources required for each SUPT
location to reach maximum production capacity.
(7) A determination as to whether increasing production
capacity at existing SUPT locations will satisfy the Air Force's
SUPT requirement.
(8) A timeline and cost estimation of establishing a new
SUPT location.
(9) A discussion of whether the Air Force plans to operate
existing SUPT installations at maximum capacity over the future
years defense program.
(10) A business case analysis comparing the establishment of
a new SUPT location to increasing production capacity at
existing SUPT locations.
SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIREMENTS.
(a) In General.--Not later than February 1, 2019, the Secretary of
the Air Force shall conduct an assessment and submit to the
congressional defense committees a report detailing the operational
requirements for Air Force airfields.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of the state of airfields where runway
degradation currently poses a threat to operations and airfields
where such degradation threatens operations in the next five and
ten years.
(2) A description of the operational requirements for
airfields, including an assessment of the impact to operations,
cost to repair, cost to replace, remaining useful life, and the
required daily maintenance to ensure runways are acceptable for
full operations.
(3) A description of any challenges with infrastructure
acquisition methods and processes.
[[Page 1730]]
(4) An assessment of the operational impact in the event a
runway were to become inoperable due to a major degradation
incident, such as a crack or fracture resulting from lack of
maintenance and repair.
(5) A plan to address any shortfalls associated with the Air
Force's runway infrastructure.
(c) Form.--The report required under subsection (a) shall be in
unclassified form but may contain a classified annex as necessary.
SEC. 341. REPORT ON NAVY SURFACE SHIP REPAIR CONTRACT COSTS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on Navy surface ship repair
contract costs.
(b) Elements.--The report required under subsection (a) shall
include, for each private sector maintenance availability for a
conventionally-powered Navy surface ship for the prior two completed
fiscal years, the following elements:
(1) Name of the ship.
(2) Location of the availability.
(3) Prime contractor performing the availability.
(4) Date of the contract award.
(5) Type of contract used, such as firm-fixed-price or cost-
plus-fixed-fee.
(6) Solicitation number.
(7) Number of offers received in response to the
solicitation.
(8) Contract target cost at the date of contract award.
(9) Contract ceiling cost of the contract at the date of
contract award.
(10) Duration of the availability in days, including start
and end dates, at the date of contract award.
(11) Final contract cost.
(12) Final delivery cost.
(13) Actual duration of the availability in days, including
start and end dates.
(14) Description of growth work that was added after the
contract award, including the associated cost.
(15) Explanation of why the growth work described in
paragraph (14) was not included in the scope of work associated
with the original contract award.
Subtitle E--Other Matters
SEC. 351. COAST GUARD REPRESENTATION ON EXPLOSIVE SAFETY BOARD.
Section 172(a) of title 10, United States Code, is amended--
(1) by striking ``and Marine Corps'' and inserting ``Marine
Corps, and Coast Guard''; and
(2) by adding at the end the following new sentence: ``When
the Coast Guard is not operating as a service in the Department
of the Navy, the Secretary of Homeland Security shall appoint an
officer of the Coast Guard to serve as a voting member of the
board.''.
[[Page 1731]]
SEC. 352. TRANSPORTATION TO CONTINENTAL UNITED STATES OF RETIRED
MILITARY WORKING DOGS OUTSIDE THE
CONTINENTAL UNITED STATES THAT ARE
SUITABLE FOR ADOPTION IN THE UNITED
STATES.
Section 2583(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) In the case of a military working dog located outside the
continental United States at the time of retirement that is suitable for
adoption at that time, the Secretary of the military department
concerned shall undertake transportation of the dog to the continental
United States (including transportation by contract at United States
expense) for adoption under this section unless--
``(i) the dog is adopted as described in paragraph (2)(A);
or
``(ii) transportation of the dog to the continental United
States would not be in the best interests of the dog for medical
reasons.
``(B) Nothing in this paragraph shall be construed to alter the
preference in adoption of retired military working dogs for former
handlers as set forth in subsection (g).''.
SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE TO
MISHAP.
Subsection (e) of section 2691 of title 10, United States Code, as
added by section 2814 of the Military Construction Authorization Act for
Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1849), is
amended by adding at the end the following new paragraph:
``(3) The authority under paragraphs (1) and (2) includes activities
and expenditures necessary to complete restoration to meet the
regulations of the Federal department or agency with administrative
jurisdiction over the affected land, which may be different than the
regulations of the Department of Defense.''.
SEC. 354. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
Section 348(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1365) <> is amended by inserting ``shredded or'' before ``melted and
repurposed''.
SEC. 355. STUDY ON PHASING OUT OPEN BURN PITS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
that includes--
(1) details of any ongoing use of open burn pits; and
(2) the feasibility of phasing out the use of open burn pits
by using technology incinerators.
(b) Open Burn Pit Defined.--In this section, the term ``open burn
pit'' means an area of land--
(1) that is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the outdoor air;
and
(2) does not contain a commercially manufactured incinerator
or other equipment specifically designed and manufactured for
the burning of solid waste.
[[Page 1732]]
SEC. 356. <> NOTIFICATION
REQUIREMENTS RELATING TO CHANGES TO
UNIFORM OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) DLA Notification.--The Secretary of a military department shall
notify the Commander of the Defense Logistics Agency of any plan to
implement a change to any uniform or uniform component of a member of
the uniformed services. Such notification shall be made not less than
three years prior to the implementation of such change.
(b) Contractor Notification.--The Commander of the Defense Logistics
Agency shall notify a contractor when one of the uniformed services
plans to make a change to a uniform component that is provided by that
contractor. Such a notification shall be made not less than 12 months
prior to any announcement of a public solicitation for the manufacture
of the new uniform component.
(c) Waiver.--If the Secretary of a military department or the
Commander of the Defense Logistics Agency determines that the
notification requirement under subsection (a) would adversely affect
operational safety, force protection, or the national security interests
of the United States, the Secretary or the Commander may waive such
requirement.
SEC. 357. <> REPORTING ON FUTURE YEARS
BUDGETING BY SUBACTIVITY GROUP.
Along with the budget for each fiscal year submitted by the
President pursuant to section 1105(a) of title 31, United States Code,
the Secretary of Defense and the Secretaries of the military departments
shall include in the OP-5 Justification Books, as detailed by Department
of Defense Financial Management Regulation 7000.14-R, the amount for
each individual subactivity group, as detailed in the Department's
future years defense program pursuant to section 221 of title 10, United
States Code.
SEC. 358. <> LIMITATION ON AVAILABILITY
OF FUNDS FOR SERVICE-SPECIFIC DEFENSE
READINESS REPORTING SYSTEMS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2019 for research, development, test, and evaluation or
procurement, and available to develop service-specific Defense Readiness
Reporting Systems (referred to in this section as ``DRRS'') may be made
available for such purpose except for required maintenance and in order
to facilitate the transition to DRRS-Strategic (referred to in this
section as ``DRRS-S'').
(b) Plan.--Not later than February 1, 2019, the Under Secretary for
Personnel and Readiness shall submit to the congressional defense
committees a resource and funding plan to include a schedule with
relevant milestones on the elimination of service-specific DRRS and the
migration of the military services and other organizations to DRRS-S.
(c) Transition.--The military services shall complete the transition
to DRRS-S not later than October 1, 2019. The Secretary of Defense shall
notify the congressional defense committees upon the complete transition
of the services.
(d) Reporting Requirement.--
(1) In general.--The Under Secretary for Personnel and
Readiness, the Under Secretary for Acquisition and Sustainment,
and the Under Secretary for Research and
[[Page 1733]]
Engineering, in coordination with the Secretaries of the
military departments and other organizations with relevant
technical expertise, shall establish a working group including
individuals with expertise in application or software
development, data science, testing, and development and
assessment of performance metrics to assess the current process
for collecting, analyzing, and communicating readiness data, and
develop a strategy for implementing any recommended changes to
improve and establish readiness metrics using the current DRRS-
Strategic platform.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include--
(A) identification of modern tools, methods, and
approaches to readiness to more effectively and
efficiently collect, analyze, and make decision based on
readiness data; and
(B) consideration of cost and schedule.
(3) Submission to congress.--Not later than February 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees the assessment conducted pursuant to
paragraph (1).
(e) Defense Readiness Reporting Requirements.--To the maximum extent
practicable, the Secretary of Defense shall meet defense readiness
reporting requirements consistent with the recommendations of the
working group established under subsection (d)(1).
SEC. 359. <> PRIORITIZATION OF
ENVIRONMENTAL IMPACTS FOR FACILITIES
SUSTAINMENT, RESTORATION, AND
MODERNIZATION DEMOLITION.
The Secretary of Defense shall establish prioritization metrics for
facilities deemed eligible for demolition within the Facilities
Sustainment, Restoration, and Modernization (FSRM) process. Those
metrics shall include full spectrum readiness and environmental impacts,
including the removal of contamination.
SEC. 360. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT SAINTE
MARIE, MICHIGAN.
It is the sense of Congress that--
(1) the Soo Locks in Sault Ste. Marie, Michigan, are of
critical importance to the national security of the United
States;
(2) the Soo Locks are the only waterway connection from Lake
Superior to the Lower Great Lakes and the St. Lawrence Seaway;
(3) only the Poe Lock is of sufficient size to allow for the
passage of the largest cargo vessels that transport well over 90
percent of all iron ore mined in the United States, and this
lock is nearing the end of its 50-year useful lifespan;
(4) a report issued by the Office of Cyber and
Infrastructure Analysis of the Department of Homeland Security
concluded that an unscheduled 6-month outage of the Poe Lock
would cause--
(A) a dramatic increase in national and regional
unemployment; and
(B) 75 percent of Great Lakes steel production, and
nearly all North American appliance, automobile,
railcar, and construction, farm, and mining equipment
production to cease;
[[Page 1734]]
(5) the Corps of Engineers is reevaluating a past economic
evaluation report to update the benefit-to-cost ratio for
building a new lock at the Soo Locks; and
(6) the Secretary of the Army and all relevant Federal
agencies should--
(A) expedite the completion of the report described
in paragraph (5) and ensure the analysis adequately
reflects the critical importance of the Soo Locks
infrastructure to the national security and economy of
the United States; and
(B) expedite all other necessary reviews, analysis,
and approvals needed to speed the required upgrades at
the Soo Locks.
SEC. 361. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN PERSONNEL.
Notwithstanding section 143 of title 10, United States Code, of the
funds authorized to be appropriated by this Act for Operation and
Maintenance, Defense-wide for United States Special Operations Command
civilian personnel, not less than $4,000,000 shall be used to fund
additional civilian personnel in or directly supporting the office of
the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict to support the Assistant Secretary in fulfilling the
additional responsibilities of the Assistant Secretary that were added
by the amendments to sections 138(b)(4), 139b, and 167 of title 10,
United States Code, made by section 922 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2019, as follows:
(1) The Army, 487,500.
(2) The Navy, 335,400.
(3) The Marine Corps, 186,100.
(4) The Air Force, 329,100.
[[Page 1735]]
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 487,500.
``(2) For the Navy, 335,400.
``(3) For the Marine Corps, 186,100.
``(4) For the Air Force, 329,100.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2019, as follows:
(1) The Army National Guard of the United States, 343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,100.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2019,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,386.
(3) The Navy Reserve, 10,110.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 19,861.
[[Page 1736]]
(6) The Air Force Reserve, 3,849.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2019 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 15,861.
(4) For the Air Force Reserve, 8,880.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2019, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2019 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for expenses,
not otherwise provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2019.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of
service by age 62 as qualification for original appointment
as a regular commissioned officer.
Sec. 502. Enhancement of availability of constructive service credit for
private sector training or experience upon original
appointment as a commissioned officer.
Sec. 503. Standardized temporary promotion authority across the military
departments for officers in certain grades with critical
skills.
Sec. 504. Authority for promotion boards to recommend officers of
particular merit be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board
consideration.
Sec. 506. Applicability to additional officer grades of authority for
continuation on active duty of officers in certain military
specialties and career tracks.
[[Page 1737]]
Sec. 507. Alternative promotion authority for officers in designated
competitive categories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes
of retirement grade of officers in highest grade of
satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for
warrant officers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required
for permanent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B--Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy
Committee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of
the National Guard Bureau in the execution of functions and
missions of the National Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event
of undue delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired
senior enlisted members of the Army National Guard as Army
National Guard recruiters.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in
support of the mission of the Defense POW/MIA Accounting
Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy
watchstations.
Subtitle D--Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct
constituting aggravated assault for purposes of the Uniform
Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code
of Military Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 534. Report on feasibility of expanding services of the Special
Victims' Counsel to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted
sexual assault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in
cases of sexual assault or domestic violence.
Subtitle E--Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military
judges of the United States Court of Military Commission
Review.
Sec. 542. Security clearance reinvestigation of certain personnel who
commit certain offenses.
Sec. 543. Development of oversight plan for implementation of Department
of Defense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for
the military service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military
criminal investigative organizations.
Subtitle F--Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
Sec. 552. Improvements to Transition Assistance Program.
Sec. 553. Repeal of program on encouragement of postseparation public
and community service.
[[Page 1738]]
Sec. 554. Clarification of application and honorable service
requirements under the Troops-to-Teachers Program to members
of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the
Joint Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining
professional credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve
Officers' Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource
program for retired and discharged members of the Armed
Forces and their immediate families.
Sec. 559. Prohibition on use of funds for attendance of enlisted
personnel at senior level and intermediate level officer
professional military education courses.
Subtitle G--Defense Dependents' Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and
procedures on sexual harassment of students of Activity
schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at
schools located on military installations.
Subtitle H--Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council
matters.
Sec. 572. Enhancement and clarification of family support services for
family members of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive
appointments of military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for
military spouses.
Sec. 575. Assessment and report on the effects of permanent changes of
station on employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare
services at military childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child
abuse and other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse
and training on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military
spouses on military installations in the United States.
Subtitle I--Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military
working dogs.
Sec. 583. Authorization for award of distinguished-service cross to
Justin T. Gallegos for acts of valor during Operation
Enduring Freedom.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States
Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air
Force Academy Board of Visitors with academy visits of boards
of other military service academies.
Sec. 594. National Commission on Military, National, and Public Service
matters.
Sec. 595. Public availability of top-line numbers of deployed members of
the Armed Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with
other service obligations for education or training and
health professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army
Marketing and Advertising Program.
Sec. 600. Proof of period of military service for purposes of interest
rate limitation under the Servicemembers Civil Relief Act.
[[Page 1739]]
Subtitle A--Officer Personnel Policy
SEC. 501. REPEAL OF REQUIREMENT FOR ABILITY TO COMPLETE 20 YEARS
OF SERVICE BY AGE 62 AS QUALIFICATION FOR
ORIGINAL APPOINTMENT AS A REGULAR
COMMISSIONED OFFICER.
(a) Repeal.--Subsection (a) of section 532 of title 10, United
States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(b) Conforming Amendment.--Such section is further amended by
striking subsection (d).
(c) <> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act, and shall apply with respect to original appointments of regular
commissioned officers of the Armed Forces made on or after that date.
SEC. 502. ENHANCEMENT OF AVAILABILITY OF CONSTRUCTIVE SERVICE
CREDIT FOR PRIVATE SECTOR TRAINING OR
EXPERIENCE UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) Regular Officers.--
(1) In general.--Subsection (b) of section 533 of title 10,
United States Code, is amended--
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following new subparagraph (D):
``(D) Additional credit for special training or experience
in a particular officer career field as designated by the
Secretary concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.''; and
(B) in paragraph (2)--
(i) by striking ``Except as authorized by the
Secretary concerned in individual cases and under
regulations prescribed by the Secretary of Defense
in the case of a medical or dental officer, the
amount'' and inserting ``The amount''; and
(ii) by striking ``in the grade of major in
the Army, Air Force, or Marine Corps or lieutenant
commander in the Navy'' and inserting ``in the
grade of colonel in the Army, Air Force, or Marine
Corps or captain in the Navy''.
(2) Repeal of temporary authority for service credit for
critically necessary cyberspace-related experience.--Such
section is further amended--
(A) in subsections (a)(2) and (c), by striking ``or
(g)''; and
(B) by striking subsection (g).
(b) Reserve Officers.--
(1) In general.--Subsection (b) of section 12207 of title
10, United States Code, is amended--
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following new subparagraph (D):
``(D) Additional credit for special training or experience
in a particular officer career field as designated by the
Secretary
[[Page 1740]]
concerned, if such training or experience is directly related to
the operational needs of the armed force concerned.''; and
(B) by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) The amount of constructive service credit credited to an
officer under this subsection may not exceed the amount required in
order for the officer to be eligible for an original appointment as a
reserve officer of the Army, Air Force, or Marine Corps in the grade of
colonel or as a reserve officer of the Navy in the grade of captain.''.
(2) Repeal of temporary authority for service credit for
critically necessary cyberspace-related experience.--Such
section is further amended--
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(C) in subsection (e), as redesignated by
subparagraph (B), by striking ``, (d), or (e)'' and
inserting ``or (d)''.
SEC. 503. STANDARDIZED TEMPORARY PROMOTION AUTHORITY ACROSS THE
MILITARY DEPARTMENTS FOR OFFICERS IN
CERTAIN GRADES WITH CRITICAL SKILLS.
(a) Standardized Temporary Promotion Authority.--
(1) In general.--Chapter 35 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 605 <> . Promotion to certain grades for
officers with critical skills: colonel, lieutenant
colonel, major, captain; captain, commander,
lieutenant commander, lieutenant
``(a) In General.--An officer in the grade of first lieutenant,
captain, major, or lieutenant colonel in the Army, Air Force, or Marine
Corps, or lieutenant (junior grade), lieutenant, lieutenant commander,
or commander in the Navy, who is described in subsection (b) may be
temporarily promoted to the grade of captain, major, lieutenant colonel,
or colonel in the Army, Air Force, or Marine Corps, or lieutenant,
lieutenant commander, commander, or captain in the Navy, as applicable,
under regulations prescribed by the Secretary of the military department
concerned. Appointments under this section shall be made by the
President, by and with the advice and consent of the Senate.
``(b) Covered Officers.--An officer described in this subsection is
any officer in a grade specified in subsection (a) who--
``(1) has a skill in which the armed force concerned has a
critical shortage of personnel (as determined by the Secretary
of the military department concerned); and
``(2) is serving in a position (as determined by the
Secretary of the military department concerned) that--
``(A) is designated to be held by a captain, major,
lieutenant colonel, or colonel in the Army, Air Force,
or Marine Corps, or lieutenant, lieutenant commander,
commander, or captain in the Navy, as applicable; and
``(B) requires that an officer serving in such
position have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--An
appointment under this section does not change
[[Page 1741]]
the position on the active-duty list or the permanent, probationary, or
acting status of the officer so appointed, prejudice the officer in
regard to other promotions or appointments, or abridge the rights or
benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion under
this section may be made only upon the recommendation of a board of
officers convened by the Secretary of the military department concerned
for the purpose of recommending officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is, without
formal acceptance, regarded as accepted on the date such appointment is
made, and a member so appointed is entitled to the pay and allowances of
the grade of the temporary promotion under this section from the date
the appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
``(1) on the date the officer who received the appointment
is promoted to the permanent grade of captain, major, lieutenant
colonel, or colonel in the Army, Air Force, or Marine Corps, or
lieutenant, lieutenant commander, commander, or captain in the
Navy; or
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of captain, major,
lieutenant colonel, or colonel in the Army, Air Force, or Marine
Corps, or lieutenant, lieutenant commander, commander, or
captain in the Navy, in which case the appointment terminates on
the date the officer is promoted to that grade.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position designated
by the Secretary of the military department concerned for the purposes
of this section. The number of positions so designated may not exceed
the following:
``(1) In the case of the Army--
``(A) as captain, 120;
``(B) as major, 350;
``(C) as lieutenant colonel, 200; and
``(D) as colonel, 100.
``(2) In the case of the Air Force--
``(A) as captain, 100;
``(B) as major, 325;
``(C) as lieutenant colonel, 175; and
``(D) as colonel, 80.
``(3) In the case of the Marine Corps--
``(A) as captain, 50;
``(B) as major, 175;
``(C) as lieutenant colonel, 100; and
``(D) as colonel, 50.
``(4) In the case of the Navy--
``(A) as lieutenant, 100;
``(B) as lieutenant commander, 325;
``(C) as commander, 175; and
``(D) as captain, 80.''.
[[Page 1742]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 35 of such title <> is amended by adding at the end the following new item:
``605. Promotion to certain grades for officers with critical skills:
colonel, lieutenant colonel, major, captain; captain,
commander, lieutenant commander, lieutenant.''.
(b) Repeal of Superseded Authority Applicable to Navy Lieutenants.--
(1) Repeal.--Chapter 544 of title 10 <> , United States Code, is repealed.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 10, United States Code, and at the beginning
of subtitle C of such title <> , are
each amended by striking the item relating to chapter 544.
SEC. 504. AUTHORITY FOR PROMOTION BOARDS TO RECOMMEND OFFICERS OF
PARTICULAR MERIT BE PLACED HIGHER ON A
PROMOTION LIST.
(a) In General.--Section 616 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(g)(1) In selecting the officers to be recommended for promotion,
a selection board may, when authorized by the Secretary of the military
department concerned, recommend officers of particular merit, from among
those officers selected for promotion, to be placed higher on the
promotion list established by the Secretary under section 624(a)(1) of
this title.
``(2) An officer may be recommended to be placed higher on a
promotion list under paragraph (1) only if the officer receives the
recommendation of at least a majority of the members of the board,
unless the Secretary concerned establishes an alternative requirement.
Any such alternative requirement shall be furnished to the board as part
of the guidelines furnished to the board under section 615 of this
title.
``(3) For the officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those officers should be placed on the list.''.
(b) Promotion Selection Board Reports Recommending Officers of
Particular Merit Be Placed Higher on Promotion List.--Section 617 of
such title is amended by adding at the end the following new subsection:
``(d) A selection board convened under section 611(a) of this title
shall, when authorized under section 616(g) of this title, include in
its report to the Secretary concerned the names of those officers
recommended by the board to be placed higher on the promotion list and
the order in which the board recommends that those officers should be
placed on the list.''.
(c) Officers of Particular Merit Appearing Higher on Promotion
List.--Section 624(a)(1) of such title is amended in the first sentence
by adding at the end ``or based on particular merit, as determined by
the promotion board''.
SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Active-Duty List Officers.--Section 619 of title 10, United
States Code, is amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
[[Page 1743]]
``(6) An officer excluded under subsection (e).''; and
(2) by adding at the end the following new subsection:
``(e) Authority To Allow Officers To Opt Out of Selection Board
Consideration.--(1) The Secretary of a military department may provide
that an officer under the jurisdiction of the Secretary may, upon the
officer's request and with the approval of the Secretary, be excluded
from consideration by a selection board convened under section 611(a) of
this title to consider officers for promotion to the next higher grade.
``(2) The Secretary concerned may only approve a request under
paragraph (1) if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Department, or a career
progression requirement delayed by the assignment or education;
``(B) the Secretary determines the exclusion from
consideration is in the best interest of the military department
concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Reserve Active-Status List Officers.--Section 14301 of such
title is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking
``Previously Selected Officers Not Eligible'' and
inserting ``Certain Officers Not''; and
(B) by adding at the end the following new
paragraph:
``(6) An officer excluded under subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j) Authority To Allow Officers To Opt Out of Selection Board
Consideration.--(1) The Secretary of a military department may provide
that an officer under the jurisdiction of the Secretary may, upon the
officer's request and with the approval of the Secretary, be excluded
from consideration by a selection board convened under section 14101(a)
of this title to consider officers for promotion to the next higher
grade.
``(2) The Secretary concerned may only approve a request under
paragraph (1) if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Department, or a career
progression requirement delayed by the assignment or education;
``(B) the Secretary determines the exclusion from
consideration is in the best interest of the military department
concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the
exclusion from consideration.''.
SEC. 506. APPLICABILITY TO ADDITIONAL OFFICER GRADES OF AUTHORITY
FOR CONTINUATION ON ACTIVE DUTY OF
OFFICERS IN CERTAIN MILITARY SPECIALTIES
AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended--
[[Page 1744]]
(1) by striking ``grade O-4'' and inserting ``grade O-2'';
and
(2) by inserting ``632,'' before ``633,''.
SEC. 507. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES OF
OFFICERS.
(a) Alternative Promotion Authority.--
(1) In general.--Chapter 36 of title 10, United States Code,
is amended by adding at the end the following new subchapter:
``SUBCHAPTER VI <> --ALTERNATIVE PROMOTION
AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
``Sec.
``649a. Officers in designated competitive categories.
``649b. Selection for promotion.
``649c. Eligibility for consideration for promotion.
``649d. Opportunities for consideration for promotion.
``649e. Promotions.
``649f. Failure of selection for promotion.
``649g. Retirement: retirement for years of service; selective early
retirement.
``649h. Continuation on active duty.
``649i. Continuation on active duty: officers in certain military
specialties and career tracks.
``649j. Other administrative authorities.
``649k. Regulations.
``Sec. 649a <> . Officers in designated
competitive categories
``(a) Authority To Designate Competitive Categories of Officers.--
Each Secretary of a military department may designate one or more
competitive categories for promotion of officers under section 621 of
this title that are under the jurisdiction of such Secretary as a
competitive category of officers whose promotion, retirement, and
continuation on active duty shall be subject to the provisions of this
subchapter.
``(b) Limitation on Exercise of Authority.--The Secretary of a
military department may not designate a competitive category of officers
for purposes of this subchapter until 60 days after the date on which
the Secretary submits to the Committees on Armed Services of the Senate
and the House of Representatives a report on the designation of the
competitive category. The report on the designation of a competitive
category shall set forth the following:
``(1) A detailed description of officer requirements for
officers within the competitive category.
``(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive category.
``(3) An estimate of the size of the promotion zone for each
grade within the competitive category.
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive category
for purposes of this subchapter.
``Sec. 649b <> . Selection for promotion
``(a) In General.--Except as provided in this section, the selection
for promotion of officers in any competitive category of officers
designated for purposes of this subchapter shall be governed by the
provisions of subchapter I of this chapter.
[[Page 1745]]
``(b) No Recommendation for Promotion of Officers Below Promotion
Zone.--Section 616(b) of this title shall not apply to the selection for
promotion of officers described in subsection (a).
``(c) Recommendation for Officers To Be Excluded From Future
Consideration for Promotion.--In making recommendations pursuant to
section 616 of this title for purposes of the administration of this
subchapter, a selection board convened under section 611(a) of this
title may recommend that an officer considered by the board be excluded
from future consideration for promotion under this chapter.
``Sec. 649c <> . Eligibility for consideration
for promotion
``(a) In General.--Except as provided by this section, eligibility
for promotion of officers in any competitive category of officers
designated for purposes of this subchapter shall be governed by the
provisions of section 619 of this title.
``(b) Inapplicability of Certain Time-in-grade Requirements.--
Paragraphs (2) through (4) of section 619(a) of this title shall not
apply to the promotion of officers described in subsection (a).
``(c) Inapplicability to Officers Above and Below Promotion Zone.--
The following provisions of section 619(c) of this title shall not apply
to the promotion of officers described in subsection (a):
``(1) The reference in paragraph (1) of that section to an
officer above the promotion zone.
``(2) Paragraph (2)(A) of that section.
``(d) Ineligibility of Certain Officers.--The following officers are
not eligible for promotion under this subchapter:
``(1) An officer described in section 619(d) of this title.
``(2) An officer not included within the promotion zone.
``(3) An officer who has failed of promotion to a higher
grade the maximum number of times specified for opportunities
for promotion for such grade within the competitive category
concerned pursuant to section 649d of this title.
``(4) An officer recommended by a selection board to be
removed from consideration for promotion in accordance with
section 649b(c) of this title.
``Sec. 649d <> . Opportunities for
consideration for promotion
``(a) Specification of Number of Opportunities for Consideration for
Promotion.--In designating a competitive category of officers pursuant
to section 649a of this title, the Secretary of a military department
shall specify the number of opportunities for consideration for
promotion to be afforded officers of the armed force concerned within
the category for promotion to each grade above the grade of first
lieutenant or lieutenant (junior grade), as applicable.
``(b) Limited Authority of Secretary of Military Department to
Modify Number of Opportunities.--The Secretary of a military department
may modify the number of opportunities for consideration for promotion
to be afforded officers of an armed force within a competitive category
for promotion to a particular grade, as previously specified by the
Secretary pursuant subsection (a) or this subsection, not more
frequently than once every five years.
[[Page 1746]]
``(c) Discretionary Authority of Secretary of Defense to Modify
Number of Opportunities.--The Secretary of Defense may modify the number
of opportunities for consideration for promotion to be afforded officers
of an armed force within a competitive category for promotion to a
particular grade, as previously specified or modified pursuant to any
provision of this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The number
of opportunities for consideration for promotion to be afforded officers
of an armed force within a competitive category for promotion to a
particular grade, as specified or modified pursuant to any provision of
this section, may not exceed five opportunities.
``(e) Effect of Certain Reduction in Number of Opportunities
Specified.--If, by reason of a reduction in the number of opportunities
for consideration for promotion under this section, an officer would no
longer have one or more opportunities for consideration for promotion
that were available to the officer before the reduction, the officer
shall be afforded one additional opportunity for consideration for
promotion after the reduction.
``Sec. 649e <> . Promotions
``Sections 620 through 626 of this title shall apply in promotions
of officers in competitive categories of officers designated for
purposes of this subchapter.
``Sec. 649f <> . Failure of selection for
promotion
``(a) In General.--Except as provided in this section, sections 627
through 632 of this title shall apply to promotions of officers in
competitive categories of officers designated for purposes of this
subchapter.
``(b) Inapplicability of Failure of Selection for Promotion to
Officers Above Promotion Zone.--The reference in section 627 of this
title to an officer above the promotion zone shall not apply in the
promotion of officers described in subsection (a).
``(c) Special Selection Board Matters.--The reference in section
628(a)(1) of this title to a person above the promotion zone shall not
apply in the promotion of officers described in subsection (a).
``(d) Effect of Failure of Selection.--In the administration of this
subchapter pursuant to subsection (a)--
``(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for
purposes of section 629(e)(2) of this title until the officer
has failed selection of promotion to the next higher grade the
maximum number of times specified for opportunities for
promotion to such grade within the competitive category
concerned pursuant to section 649d of this title; and
``(2) any reference in section 631(a) or 632(a) of this
title to an officer who has failed of selection for promotion to
the next higher grade for the second time shall be deemed to
refer instead to an officer described in subsection (a) who has
failed of selection for promotion to the next higher grade for
the maximum number of times specified for opportunities for
promotion to such grade within the competitive category
concerned pursuant to such section 649d.
[[Page 1747]]
``Sec. 649g <> . Retirement: retirement for
years of service; selective early retirement
``(a) Retirement for Years of Services.--Sections 633 through 636 of
this title shall apply to the retirement of officers in competitive
categories of officers designated for purposes of this subchapter.
``(b) Selective Early Retirement.--Sections 638 and 638a of this
title shall apply to the retirement of officers described in subsection
(a).
``Sec. 649h <> . Continuation on active duty
``(a) In General.--An officer subject to discharge or retirement
pursuant to this subchapter may, subject to the needs of the service, be
continued on active duty if the officer is selected for continuation on
active duty in accordance with this section by a selection board
convened under section 611(b) of this title.
``(b) Identification of Positions for Officers Continued on Active
Duty.--
``(1) In general.--Officers may be selected for continuation
on active duty pursuant to this section only for assignment to
positions identified by the Secretary of the military department
concerned for which vacancies exist or are anticipated to exist.
``(2) Identification.--Before convening a selection board
pursuant to section 611(b) of this title for purposes of
selection of officers for continuation on active duty pursuant
to this section, the Secretary of the military department
concerned shall specify for purposes of the board the positions
identified by the Secretary to which officers selected for
continuation on active duty may be assigned.
``(c) Recommendation for Continuation.--A selection board may
recommend an officer for continuation on active duty pursuant to this
section only if the board determines that the officer is qualified for
assignment to one or more positions identified pursuant to subsection
(b) on the basis of skills, knowledge, and behavior required of an
officer to perform successfully in such position or positions.
``(d) Approval of Secretary of Military Department.--Continuation of
an officer on active duty under this section pursuant to the action of a
selection board is subject to the approval of the Secretary of the
military department concerned.
``(e) Nonacceptance of Continuation.--An officer who is selected for
continuation on active duty pursuant to this section, but who declines
to continue on active duty, shall be discharged or retired, as
appropriate, in accordance with section 632 of this title.
``(f) Period of Continuation.--
``(1) In general.--An officer continued on active duty
pursuant to this section shall remain on active duty, and serve
in the position to which assigned (or in another position to
which assigned with the approval of the Secretary of the
military department concerned), for a total of not more than
three years after the date of assignment to the position to
which first so assigned.
``(2) Additional continuation.--An officer whose continued
service pursuant to this section would otherwise expire pursuant
to paragraph (1) may be continued on active duty
[[Page 1748]]
if selected for continuation on active duty in accordance with
this section before the date of expiration pursuant to that
paragraph.
``(g) Effect of Expiration of Continuation.--Each officer continued
on active duty pursuant to this subsection who is not selected for
continuation on active duty pursuant to subsection (f)(2) at the
completion of the officer's term of continued service shall, unless
sooner discharged or retired under another provision of law--
``(1) be discharged upon the expiration of the term of
continued service; or
``(2) if eligible for retirement under another other
provision of law, be retired under that law on the first day of
the first month following the month in which the officer
completes the term of continued service.
``(h) Treatment of Discharge or Retirement.--The discharge or
retirement of an officer pursuant to this section shall be considered to
be an involuntary discharge or retirement for purposes of any other
provision of law.
``Sec. 649i <> . Continuation on active duty:
officers in certain military specialties and
career tracks
``In addition to continuation on active duty provided for in section
649h of this title, an officer to whom section 637a of this title
applies may be continued on active duty in accordance with the
provisions of such section 637a.
``Sec. 649j <> . Other administrative
authorities
``(a) In General.--The following provisions of this title shall
apply to officers in competitive categories of officers designated for
purposes of this subchapter:
``(1) Section 638b, relating to voluntary retirement
incentives.
``(2) Section 639, relating to continuation on active duty
to complete disciplinary action.
``(3) Section 640, relating to deferment of retirement or
separation for medical reasons.
``Sec. 649k <> . Regulations
``The Secretary of Defense shall prescribe regulations regarding the
administration of this subchapter. The elements of such regulations
shall include mechanisms to clarify the manner in which provisions of
other subchapters of this chapter shall be used in the administration of
this subchapter in accordance with the provisions of this subchapter.''.
(2) Clerical amendment.--The table of subchapters at the
beginning of chapter 36 of such title <> is amended by adding at the end the following new item:
``VI. Alternative Promotion Authority for Officers in Designated
Competitive Categories...........................................649a''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the
[[Page 1749]]
authorities in subchapter VI of chapter 36 of title 10, United
States Code (as added by subsection (a)).
(2) Elements.--The report shall include the following:
(A) A detailed analysis and assessment of the manner
in which the exercise of the authorities in subchapter
VI of chapter 36 of title 10, United States Code (as so
added), will effect the career progression of
commissioned officers in the Armed Forces.
(B) A description of the competitive categories of
officers that are anticipated to be designated as
competitive categories of officers for purposes of such
authorities.
(C) A plan for implementation of such authorities.
(D) Such recommendations for legislative or
administrative action as the Secretary of Defense
considers appropriate to improve or enhance such
authorities.
SEC. 508. ATTENDING PHYSICIAN TO THE CONGRESS.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by inserting before section 716 the following new section:
``Sec. 715 <> . Attending Physician to the
Congress: grade
``A general officer serving as Attending Physician to the Congress,
while so serving, holds the grade of major general. A flag officer
serving as Attending Physician to the Congress, while so serving, holds
the grade of rear admiral (upper half).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <> is amended by inserting before
the item relating to section 716 the following new item:
``715. Attending Physician to the Congress: grade''.
SEC. 509. MATTERS RELATING TO SATISFACTORY SERVICE IN GRADE FOR
PURPOSES OF RETIREMENT GRADE OF OFFICERS
IN HIGHEST GRADE OF SATISFACTORY SERVICE.
(a) Conditional Determinations of Grade of Satisfactory Service.--
(1) In general.--Subsection (a)(1) of section 1370 of title
10, United States Code, is amended by adding at the end the
following new sentences: ``When an officer is under
investigation for alleged misconduct at the time of retirement,
the Secretary concerned may conditionally determine the highest
grade of satisfactory service of the officer pending completion
of the investigation. Such grade is subject to resolution under
subsection (b)(3).''.
(2) Officers in o-9 and o-10 grades.--Subsection (c) of such
section is amended by adding at the end the following new
paragraph:
``(4) The Secretary of Defense may make a conditional certification
regarding satisfactory service in grade under paragraph (1) with respect
to an officer under that paragraph notwithstanding the fact that there
is pending the disposition of an adverse personnel action against the
officer for alleged misconduct. The retired grade of an officer
following such a conditional certification is subject to resolution
under subsection (b)(3).''.
(3) Reserve officers.--Subsection (d)(1) of such section is
amended by adding at the end the following new sentences: ``When
an officer is under investigation for alleged misconduct
[[Page 1750]]
at the time of retirement, the Secretary concerned may
conditionally determine the highest grade of satisfactory
service of the officer pending completion of the investigation.
Such grade is subject to resolution under subsection (b)(3).''.
(b) Codification of Lowered Grade for Retired Officers or Persons
Who Committed Misconduct in a Lower Grade.--
(1) In general.--Subsection (b) of such section is amended--
(A) in the heading, by striking ``Next'';
(B) by inserting ``(1)'' before ``An''; and
(C) by adding at the end the following new
paragraphs:
``(2) In the case of an officer or person whom the Secretary
concerned determines committed misconduct in a lower grade, the
Secretary concerned may determine the officer or person has not served
satisfactorily in any grade equal to or higher than that lower grade.
``(3) A determination or certification of the retired grade of an
officer shall be resolved following a conditional determination under
subsection (a)(1) or (d)(1) or conditional certification under
subsection (c)(4), if the investigation of or personnel action against
the officer, as applicable, results in adverse findings. If the retired
grade of an officer is reduced, the retired pay of the officer under
chapter 71 of this title shall be recalculated, and any modification of
the retired pay of the officer shall go into effect on the effective
date of the reduction in retired grade.''.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (a)(1)--
(i) by striking ``higher'' and inserting
``different''; and
(ii) by striking ``except as provided in
paragraph (2)'' and inserting ``subject to
paragraph (2) and subsection (b)'';
(B) in subsection (c)(1), by striking ``An officer''
and inserting ``Subject to subsection (b), an officer'';
and
(C) in subsection (d)(1)--
(i) by striking ``higher'' each place it
appears and inserting ``different''; and
(ii) by inserting ``, subject to subsection
(b),'' before ``shall''.
(c) Finality of Retired Grade Determinations.--Such section is
further amended by adding at the end the following new subsection:
``(f) Finality of Retired Grade Determinations.--(1) Except as
otherwise provided by law, a determination or certification of the
retired grade of an officer pursuant to this section is administratively
final on the day the officer is retired, and may not be reopened.
``(2) A determination or certification of the retired grade of an
officer may be reopened as follows:
``(A) If the retirement or retired grade of the officer was
procured by fraud.
``(B) If substantial evidence comes to light after the
retirement that could have led to a lower retired grade under
this section if known by competent authority at the time of
retirement.
``(C) If a mistake of law or calculation was made in the
determination of the retired grade.
[[Page 1751]]
``(D) In the case of a retired grade following a conditional
determination under subsection (a)(1) or (d)(1) or conditional
certification under subsection (c)(4), if the investigation of
or personnel action against the officer, as applicable, results
in adverse findings.
``(E) If the Secretary concerned determines, pursuant to
regulations prescribed by the Secretary of Defense, that good
cause exists to reopen the determination or certification.
``(3) If a determination or certification of the retired grade of an
officer is reopened, the Secretary concerned--
``(A) shall notify the officer of the reopening; and
``(B) may not make an adverse determination on the retired
grade of the officer until the officer has had a reasonable
opportunity to respond regarding the basis of the reopening.
``(4) If a certification of the retired grade of an officer covered
by subsection (c) is reopened, the Secretary concerned shall also notify
the President and Congress of the reopening.
``(5) If the retired grade of an officer is reduced through the
reopening of the officer's retired grade, the retired pay of the officer
under chapter 71 of this title shall be recalculated, and any
modification of the retired pay of the officer shall go into effect on
the effective date of the reduction of the officer's retired grade.''.
SEC. 510. GRADES OF CHIEFS OF CHAPLAINS.
(a) Army.--Section 3073 of title 10, United States Code, is
amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) The Chief of Chaplains, while so serving, holds the grade of
major general.''.
(b) Navy.--Section 5142 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e) The Chief of Chaplains, while so serving, holds the grade of
rear admiral (upper half).''.
(c) Air Force.--Section 8039 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Grade of Chief of Chaplains.--The Chief of Chaplains, while so
serving, holds the grade of major general.''.
SEC. 511. REPEAL OF ORIGINAL APPOINTMENT QUALIFICATION REQUIREMENT
FOR WARRANT OFFICERS IN THE REGULAR ARMY.
(a) In General.--Section 3310 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 335 of such title <> is amended by
striking the item relating to section 3310.
SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL SERVICE
REQUIRED FOR PERMANENT APPOINTMENT AS A
LIMITED DUTY OFFICER.
Section 5589(d) of title 10, United States Code, is amended by
striking ``10 years'' and inserting ``8 years''.
[[Page 1752]]
SEC. 513. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS NOT
TO BE CONSIDERED FOR SELECTION FOR
PROMOTION.
Section 14301 of title 10, United States Code, as amended by section
505, is further amended by adding at the end the following new
subsection:
``(k) Certain Officers Not to Be Considered for Selection for
Promotion.--The Secretary of the military department concerned may
provide that an officer who is in an active status, but is in a duty
status in which the only points the officer accrues under section
12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that
section (relating to membership in a reserve component), shall not be
considered for selection for promotion until completion of two years of
service in such duty status. Any such officer may remain on the reserve
active-status list.''.
SEC. 514. GAO REVIEW OF SURFACE WARFARE CAREER PATHS.
(a) GAO Review.--The Comptroller General of the United States shall
conduct a review of Navy surface warfare career paths.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A description of current and previous career paths for
officers in the regular and reserve components of the Navy that
are related to surface warfare, including career paths for--
(A) unrestricted line officers;
(B) limited duty officers;
(C) engineering duty officers; and
(D) warrant officers.
(2) Any prior study that examined career paths described in
paragraph (1).
(3) The current and historical personnel levels (fit/fill
rates) and deployment tempos aboard naval vessels for each of
the career paths described in paragraph (1).
(4) A comparison of the career paths of surface warfare
officers with the career paths of surface warfare officers of
foreign navies including--
(A) initial training;
(B) follow-on training;
(C) career milestones;
(D) qualification standards; and
(E) watch standing requirements.
(5) Any other matter the Comptroller General determines
appropriate.
(c) Deadlines.--Not later than March 1, 2019, the Comptroller
General shall brief the congressional defense committees on the
preliminary findings of the study under this section. The Comptroller
General shall submit a final report to the congressional defense
committees as soon as practicable after such briefing.
Subtitle B--Reserve Component Management
SEC. 515. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE.
(a) Strength and Grade Authorizations.--Section 12011(a) of title
10, United States Code is amended by striking those parts
[[Page 1753]]
of the table pertaining to the Air National Guard and inserting the
following:
``Air National Guard:
Lieutenant
Major Colonel Colonel
10,000.......................... 763 745 333
12,000.......................... 915 923 377
14,000.......................... 1,065 1,057 402
16,000.......................... 1,211 1,185 426
18,000.......................... 1,347 1,313 450
20,000.......................... 1,463 1,440 468
22,000.......................... 1,606 1,569 494
24,000.......................... 1,739 1,697 517
26,000.......................... 1,872 1,825 539
28,000.......................... 2,005 1,954 562
30,000.......................... 2,138 2,082 585
32,000.......................... 2,271 2,210 608
34,000.......................... 2,404 2,338 630
36,000.......................... 2,537 2,466 653
38,000.......................... 2,670 2,595 676
40,000.......................... 2,803 2,723 698''.
(b) Strength and Grade Authorizations.--Section 12012(a) of title
10, United States Code is amended by striking those parts of the table
pertaining to the Air National Guard and inserting the following:
``Air National Guard:
E-8 E-9
10,000.................................. 1,350 550
12,000.................................. 1,466 594
14,000.................................. 1,582 636
16,000.................................. 1,698 676
18,000.................................. 1,814 714
20,000.................................. 1,930 752
22,000.................................. 2,046 790
24,000.................................. 2,162 828
26,000.................................. 2,278 866
28,000.................................. 2,394 904
30,000.................................. 2,510 942
32,000.................................. 2,626 980
34,000.................................. 2,742 1,018
36,000.................................. 2,858 1,056
38,000.................................. 2,974 1,094
40,000.................................. 3,090 1,132''.
SEC. 516. REPEAL OF PROHIBITION ON SERVICE ON ARMY RESERVE FORCES
POLICY COMMITTEE BY MEMBERS ON ACTIVE
DUTY.
Section 10302 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``not on active duty''
each place it appears; and
(2) in subsection (c)--
(A) by inserting ``of the reserve components'' after
``among the members''; and
(B) by striking ``not on active duty''.
[[Page 1754]]
SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF THE CHIEF
OF THE NATIONAL GUARD BUREAU IN THE
EXECUTION OF FUNCTIONS AND MISSIONS OF THE
NATIONAL GUARD BUREAU.
Section 10508(b)(1) of title 10, United States Code, is amended by
striking ``sections 2103,'' and all that follows through ``of title
32,'' and inserting ``sections 2102, 2103, 2105, and 3101 of title 5,
subchapter IV of chapter 53 of title 5, or section 328 of title 32,''.
SEC. 518. AUTHORITY TO ADJUST EFFECTIVE DATE OF PROMOTION IN THE
EVENT OF UNDUE DELAY IN EXTENDING FEDERAL
RECOGNITION OF PROMOTION.
(a) In General.--Section 14308(f) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' before ``The effective date of
promotion''; and
(2) by adding at the end the following new paragraph:
``(2) If the Secretary concerned determines that there was an undue
delay in extending Federal recognition in the next higher grade in the
Army National Guard or the Air National Guard to a reserve commissioned
officer of the Army or the Air Force, and the delay was not attributable
to the action (or inaction) of such officer, the effective date of the
promotion concerned under paragraph (1) may be adjusted to a date
determined by the Secretary concerned, but not earlier than the
effective date of the State promotion.''.
(b) <> Effective Date.--The amendments
made by subsection (a) shall take effect on the date of the enactment of
this Act, and shall apply with respect to promotions of officers whose
State effective date is on or after that date.
SEC. 519. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 509(h) of title 32, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Equipment and facilities of the Department of Defense may be
used by the National Guard for purposes of carrying out the Program.''.
SEC. 520. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON USE OF
RETIRED SENIOR ENLISTED MEMBERS OF THE
ARMY NATIONAL GUARD AS ARMY NATIONAL GUARD
RECRUITERS.
Section 514 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) <> is amended--
(1) in subsection (d), by striking ``2020'' and inserting
``2021''; and
(2) in subsection (f), by striking ``2019'' and inserting
``2020''.
[[Page 1755]]
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST.
(a) In General.--Section 504(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by inserting ``and subject to paragraph (3),''
after ``Notwithstanding paragraph (1),'';
(B) by striking ``enlistment is vital to the
national interest.'' and inserting ``person possesses a
critical skill or expertise--''; and
(C) by adding at the end the following new
subparagraphs:
``(A) that is vital to the national interest; and
``(B) that the person will use in the primary daily duties
of that person as a member of the armed forces.''; and
(2) by adding at the end the following new paragraph (3):
``(3)(A) No person who enlists under paragraph (2) may report to
initial training until after the Secretary concerned has completed all
required background investigations and security and suitability
screening as determined by the Secretary of Defense regarding that
person.
``(B) A Secretary concerned may not authorize more than 1,000
enlistments under paragraph (2) per military department in a calendar
year until after--
``(i) the Secretary of Defense submits to Congress written
notice of the intent of that Secretary concerned to authorize
more than 1,000 such enlistments in a calendar year; and
``(ii) a period of 30 days has elapsed after the date on
which Congress receives the notice.''.
(b) Report.--
(1) In general.--Not later than December 31, 2019, and
annually thereafter for each of the subsequent four years, the
Secretary concerned shall submit a report to the Committees on
Armed Services and the Judiciary of the Senate and the House of
Representatives regarding persons who enter into enlistment
contracts under section 504(b)(2) of title 10, United States
Code, as amended by subsection (a).
(2) Elements.--Each report under this subsection shall
include the following:
(A) The number of such persons who have entered into
such contracts during the preceding calendar year.
(B) How many such persons have successfully
completed background investigations and vetting
procedures.
(C) How many such persons have begun initial
training.
(D) The skills that are vital to the national
interest that such persons possess.
SEC. 522. STATEMENT OF BENEFITS.
(a) In General.--Chapter 58 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 1756]]
``Sec. 1155 <> . Statement of benefits
``(a) Before Separation.--Not later than 30 days before a member
retires, is released, is discharged, or otherwise separates from the
armed forces (or as soon as is practicable in the case of an
unanticipated separation), the Secretary concerned shall provide that
member with a current assessment of all benefits to which that member
may be entitled under laws administered by--
``(1) the Secretary of Defense; and
``(2) the Secretary of Veterans Affairs.
``(b) Statement for Reserves.--The Secretary concerned shall provide
a member of a reserve component with a current assessment of benefits
described in subsection (a) upon release of that member from active
duty.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <> is amended by inserting after
the item relating to section 1154 the following new item:
``1155. Statement of benefits.''.
SEC. 523. MODIFICATION TO FORMS OF SUPPORT THAT MAY BE ACCEPTED IN
SUPPORT OF THE MISSION OF THE DEFENSE POW/
MIA ACCOUNTING AGENCY.
(a) Public-Private Partnerships.--Subsection (a) of section 1501a of
title 10, United States Code, is amended by adding at the end the
following new sentence: ``An employee of an entity outside the
Government that has entered into a public-private partnership,
cooperative agreement, or a grant arrangement with, or in direct support
of, the designated Defense Agency under this section shall be considered
to be an employee of the Federal Government by reason of participation
in such partnership, cooperative agreement, or grant, only for the
purposes of section 552a of title 5 (relating to maintenance of records
on individuals).''.
(b) Authority to Accept Gifts in Support of Mission to Account for
Missing Persons From Past Conflicts.--Such section is further amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Acceptance of Gifts.--
``(1) Authority to accept.--Subject to subsection (f)(2),
the Secretary may accept, hold, administer, spend, and use any
gift of personal property, money, or services made on the
condition that the gift be used for the purpose of facilitating
accounting for missing persons pursuant to section 1501(a)(2)(C)
of this title.
``(2) Gift funds.--Gifts and bequests of money accepted
under this subsection shall be deposited in the Treasury in the
Department of Defense General Gift Fund.
``(3) Use of gifts.--Personal property and money accepted
under this subsection may be used by the Secretary, and services
accepted under this subsection may be performed, without further
specific authorization in law.
``(4) Expenses of transfer.--The Secretary may pay all
necessary expenses in connection with the conveyance or transfer
of a gift accepted under this subsection.
[[Page 1757]]
``(5) Expenses of care.--The Secretary may pay all
reasonable and necessary expenses in connection with the care of
a gift accepted under this subsection.''; and
(3) by adding at the end of subsection (g), as redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(3) Gift.--The term `gift' includes a devise or
bequest.''.
(c) Conforming Amendment.--Subsection (a) of such section is further
amended by striking ``subsection (e)(1)'' and inserting ``subsection
(f)(1)''.
SEC. 524. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED
ADJUSTMENTS.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall--
(1) complete a comprehensive assessment of the standard
workweek of the Navy;
(2) carry out the activities required under subsections (b)
and (c).
(b) Adjustments.--The Secretary of the Navy shall--
(1) update instruction 1000.16L of the Office of the Chief
of Naval Operations titled ``Navy Total Force Manpower Policies
and Procedures'' in order to--
(A) analyze and quantify current in-port workloads;
and
(B) based on the analysis carried out pursuant to
subparagraph (A), identify the manpower necessary to
execute in-port workloads for all surface ship classes;
(2) update the criteria set forth in the instruction that
are used to reassess the factors for calculating manpower
requirements periodically or when conditions change; and
(3) taking into account the updates required by paragraphs
(1) and (2), identify personnel needs and costs associated with
the planned larger size of the Navy fleet.
(c) Added Demands.--The Secretary of the Navy shall identify and
quantify any increased or new requirements with respect to Navy ship
crews, including Ready, Relevant Learning training periods and
additional work that affects readiness and technical qualifications for
Navy ship crews.
SEC. 525 <> . NOTIFICATION ON MANNING OF
AFLOAT NAVAL FORCES.
(a) In General.--The Secretary of the Navy shall notify the
congressional defense committees, in writing, not later than 15 days
after any of the following conditions are met:
(1) The manning fit for a covered ship is less than 87
percent.
(2) The manning fill for a covered ship is less than 90
percent.
(b) Notification Required.--The notification required by subsection
(a) shall include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) The lowest levels of manning fit and fill projected for
the ship and the date on which such levels are expected to
occur.
[[Page 1758]]
(5) The projected date on which the Navy will achieve a
manning fit and fill at least 87 percent and 90 percent,
respectively, for the ship.
(6) The projected date on which the Navy will achieve a
manning fit and fill of at least 92 percent and 95 percent,
respectively, for the ship.
(7) A description of any reasons the Navy will not achieve
manning fit and fill of at least 87 percent and 90 percent,
respectively, for the ship, including a detailed description of
the specific ratings or skillset areas that must be manned to
achieve those percentages.
(8) A description of corrective actions the Navy is taking
to improve manning fit or manning fill on the ship.
(c) Special Rule.--For purposes of determining whether a percentage
of manning fit or manning fill has been achieved, a sailor in a more
senior paygrade may count as filling the billet of a more junior
paygrade, but a sailor in a more junior paygrade may not count as
filling the billet of a more senior paygrade.
(d) Definitions.--In this section:
(1) Manning fit.--The term ``manning fit'' means the skills
(rating), specialty skills (Navy Enlisted Classifications), and
experience (paygrade) for the ship as compared with the billets
authorized for such skills and experience.
(2) Manning fill.--The term ``manning fill'', in the case of
a ship, means the total number of military personnel assigned to
the ship by rating when compared with the billets authorized for
the ship by rating.
(3) Covered ship.--The term ``covered ship'' means a
commissioned battle force ship that is included in the battle
force count of the Naval Vessel Register.
SEC. 526 <> . NAVY WATCHSTANDER RECORDS.
(a) In General.--The Secretary of the Navy shall require that,
commencing not later than 180 days after the date of the enactment of
this Act, key watchstanders on Navy surface ships shall maintain a
career record of watchstanding hours and specific operational
evolutions.
(b) Key Watchstander Defined.--In this section, the term ``key
watchstander'' means each of the following:
(1) Officer of the Deck.
(2) Engineering Officer of the Watch.
(3) Conning Officer or Piloting Officer.
(4) Any other officer specified by the Secretary for
purposes of this section.
(c) Briefings of Congress.--
(1) Initial briefing.--Not later than 150 days after the
date of the enactment of this Act, the Secretary shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the plan of the Secretary for
the maintenance of watchstander records, including updates to
policy documents.
(2) Update briefings.--Not later than one year after the
briefing pursuant to paragraph (1), and annually thereafter for
the next two years, the Secretary shall provide to the
committees of Congress referred to in that paragraph an update
briefing on the status of the implementation of the plan
described in that paragraph.
[[Page 1759]]
SEC. 527. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN NAVY
WATCHSTATIONS.
(a) In General.--Not later than 180 days after the date the of
enactment of this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the adequacy of individual training for
certain watchstations, including any planned or recommended changes in
qualification standards for such watchstations.
(b) Watchstations.--The watchstations covered by the report required
by subsection (a) are the following:
(1) Officer of the Deck.
(2) Combat Information Center Watch Officer.
(3) Tactical Action Officer.
(4) Engineering Officer of the Watch.
(5) Conning Officer or Piloting Officer.
Subtitle D--Military Justice
SEC. 531. INCLUSION OF STRANGULATION AND SUFFOCATION IN CONDUCT
CONSTITUTING AGGRAVATED ASSAULT FOR
PURPOSES OF THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) In General.--Subsection (b) of section 928 of title 10, United
States Code (article 128 of the Uniform Code of Military Justice), is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by adding ``or'' after the semicolon;
and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who commits an assault by strangulation or
suffocation;''.
(b) <> Effective Date.--The amendments made
by subsection (a) shall take effect on January 1, 2019, immediately
after the coming into effect of the amendment made by section 5441 of
the Military Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2954) as provided in section 5542 of that Act (130 Stat. 2967; 10
U.S.C. 801 note).
SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Punitive Article.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 928a (article 128a) the
following new section (article):
``Sec. 928b <> . Art. 128b.
``Any person who--
``(1) commits a violent offense against a spouse, an
intimate partner, or an immediate family member of that person;
``(2) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that person--
``(A) commits an offense under this chapter against
any person; or
[[Page 1760]]
``(B) commits an offense under this chapter against
any property, including an animal;
``(3) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that person,
violates a protection order;
``(4) with intent to commit a violent offense against a
spouse, an intimate partner, or an immediate family member of
that person, violates a protection order; or
``(5) assaults a spouse, an intimate partner, or an
immediate family member of that person by strangling or
suffocating;
shall be punished as a court-martial may direct.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title (the
Uniform Code of Military Justice) <>
is amended by inserting after the item relating to section 928a
(article 128a) the following new item:
``928b. 128b. Domestic violence.''.
(b) <> Effective Date.--The amendments
made by this section shall take effect on January 1, 2019, immediately
after the coming into effect of the amendments made by the Military
Justice Act of 2016 (division E of Public Law 114-328) as provided in
section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).
SEC. 533. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Authorities.--
``(1) Hearings.--The Advisory Committee may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the committee considers
appropriate to carry out its duties under this section.
``(2) Information from federal agencies.--Upon request by
the chair of the Advisory Committee, a department or agency of
the Federal Government shall provide information that the
Advisory Committee considers necessary to carry out its duties
under this section. In carrying out this paragraph, the
department or agency shall take steps to prevent the
unauthorized disclosure of personally identifiable
information.''.
SEC. 534. REPORT ON FEASIBILITY OF EXPANDING SERVICES OF THE
SPECIAL VICTIMS' COUNSEL TO VICTIMS OF
DOMESTIC VIOLENCE.
(a) Report Required.--Not later than February 1, 2019, the Secretary
of Defense, in consultation with the Secretaries of the military
departments, shall submit a report to the Committees on Armed Services
of the Senate and House of Representatives regarding the feasibility and
advisability of expanding eligibility for the Special Victims' Counsel
programs under section 1044e of title 10, United States Code
(hereinafter referred to as ``the SVC programs''), to include victims of
domestic violence.
[[Page 1761]]
(b) Elements.--The report under this section shall include the
following:
(1) The current workload of the SVC programs.
(2) An analysis of the current personnel authorizations for
the SVC programs.
(3) The optimal personnel levels for the SVC programs.
(4) An analysis of the effects that the expansion described
in subsection (a) would have on the SVC programs, including--
(A) the estimated increase in workload;
(B) the estimated number of additional personnel
that would be required to accommodate such increase; and
(C) the ability of the military departments to fill
any additionally authorized billets for SVC programs
with qualified judge advocates who possess military
justice experience.
SEC. 535 <> . UNIFORM COMMAND ACTION FORM
ON DISPOSITION OF UNRESTRICTED SEXUAL
ASSAULT CASES INVOLVING MEMBERS OF THE
ARMED FORCES.
The Secretary of Defense shall establish a uniform command action
form, applicable across the Armed Forces, for reporting the final
disposition of cases of sexual assault in which--
(1) the alleged offender is a member of the Armed Forces;
and
(2) the victim files an unrestricted report on the alleged
assault.
SEC. 536 <> . STANDARDIZATION OF POLICIES
RELATED TO EXPEDITED TRANSFER IN CASES OF
SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
(a) Policies for Members.--The Secretary of Defense shall modify, in
accordance with section 673 of title 10, United States Code, all
policies that the Secretary determines necessary to establish a
standardized expedited transfer process for a member of the Army, Navy,
Air Force, or Marine Corps who is the alleged victim of--
(1) sexual assault (regardless of whether the case is
handled under the Sexual Assault Prevention and Response Program
or Family Advocacy Program); or
(2) physical domestic violence (as defined by the Secretary
in regulations prescribed under this section) committed by the
spouse or intimate partner of the member, regardless of whether
the spouse or intimate partner is a member of the Armed Forces.
(b) Policy for Dependents of Members.--The Secretary of Defense
shall establish a policy to allow the transfer of a member of the Army,
Navy, Air Force, or Marine Corps whose dependent is the victim of sexual
assault perpetrated by a member of the Armed Forces who is not related
to the victim.
Subtitle E--Other Legal Matters
SEC. 541. CLARIFICATION OF EXPIRATION OF TERM OF APPELLATE
MILITARY JUDGES OF THE UNITED STATES COURT
OF MILITARY COMMISSION REVIEW.
(a) In General.--Section 950f(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
[[Page 1762]]
``(6) The term of an appellate military judge assigned to the Court
under paragraph (2) or appointed to the Court under paragraph (3) shall
expire on the earlier of the date on which--
``(A) the judge leaves active duty; or
``(B) the judge is reassigned to other duties in accordance
with section 949b(b)(4) of this title.''.
(b) <> Applicability.--The amendment made
by subsection (a) shall apply to each judge of the United States Court
of Military Commission Review serving on that court on the date of the
enactment of this Act and each judge assigned or appointed to that court
on or after such date.
SEC. 542. SECURITY CLEARANCE REINVESTIGATION OF CERTAIN PERSONNEL
WHO COMMIT CERTAIN OFFENSES.
Section 1564 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsection (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Reinvestigation or Readjudication of Certain Individuals.--(1)
The Secretary of Defense shall conduct an investigation or adjudication
under subsection (a) of any individual described in paragraph (2) upon--
``(A) conviction of that individual by a court of competent
jurisdiction for--
``(i) sexual assault;
``(ii) sexual harassment;
``(iii) fraud against the United States; or
``(iv) any other violation that the Secretary
determines renders that individual susceptible to
blackmail or raises serious concern regarding the
ability of that individual to hold a security clearance;
or
``(B) determination by a commanding officer that that
individual has committed an offense described in subparagraph
(A).
``(2) An individual described in this paragraph in an individual who
has a security clearance and is--
``(A) a flag officer;
``(B) a general officer; or
``(C) an employee of the Department of Defense in the Senior
Executive Service.
``(3) The Secretary shall ensure that relevant information on the
conviction or determination described in paragraph (1) of an individual
described in paragraph (2) during the preceding year, regardless of
whether the individual has retired or resigned or has been discharged,
released, or otherwise separated from the armed forces, is reported into
Federal law enforcement records and security clearance databases, and
that such information is transmitted, as appropriate, to other Federal
agencies.
``(4) In this subsection:
``(A) The term `sexual assault' includes rape, sexual
assault, forcible sodomy, aggravated sexual contact, abusive
sexual contact, and attempts to commit such offenses, as those
terms are defined in chapter 47 of this title (the Uniform Code
of Military Justice).
``(B) The term `sexual harassment' has the meaning given
that term in section 1561 of this title.
[[Page 1763]]
``(C) The term `fraud against the United States' means a
violation of section 932 of this title (article 132 of the
Uniform Code of Military Justice).''.
SEC. 543. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLEMENTATION OF
DEPARTMENT OF DEFENSE HARASSMENT
PREVENTION AND RESPONSE POLICY.
(a) Development.--The Secretary of Defense shall develop a plan for
overseeing the implementation of the instruction titled ``Harassment
Prevention and Response in the Armed Forces'', published on February 8,
2018 (DODI-1020.03).
(b) Elements.--The plan under subsection (a) shall require the
military services and other components of the Department of Defense to
take steps by certain dates to implement harassment prevention and
response programs under such instruction, including no less than the
following:
(1) Submitting implementation plans to the Director, Force
Resiliency.
(2) Incorporating performance measures that assess the
effectiveness of harassment prevention and response programs.
(3) Adopting compliance standards for promoting, supporting,
and enforcing policies, plans, and programs.
(4) Tracking, collecting, and reporting data and information
on sexual harassment incidents based on standards established by
the Secretary.
(5) Instituting anonymous complaint mechanisms.
(c) Report.--Not later than July 1, 2019, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the oversight plan developed under this
section. The report shall include, for each military service and
component of the Department of Defense, the implementation status of
each element of the oversight plan.
SEC. 544 <> . OVERSIGHT OF REGISTERED SEX
OFFENDER MANAGEMENT PROGRAM.
(a) Designation of Official or Entity.--The Secretary of Defense
shall designate a single official or existing entity within the Office
of the Secretary of Defense to serve as the official or entity (as the
case may be) with principal responsibility in the Department of Defense
for providing oversight of the registered sex offender management
program of the Department.
(b) Duties.--The official or entity designated under subsection (a)
shall--
(1) monitor compliance with Department of Defense
Instruction 5525.20 and other relevant polices;
(2) compile data on members serving in the military
departments who have been convicted of a qualifying sex offense,
including data on the sex offender registration status of each
such member;
(3) maintain statistics on the total number of active duty
service members in each military department who are required to
register as sex offenders; and
(4) perform such other duties as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than June 1, 2019, the Secretary
of Defense shall provide to the Committee on Armed Services of the House
of Representatives a briefing on--
[[Page 1764]]
(1) the compliance of the military departments with the
policies of the Department of Defense relating to registered sex
offenders;
(2) the results of the data compilation described in
subsection (b)(2); and
(3) any other matters the Secretary determines to be
appropriate.
(d) Military Departments Defined.--In this section, the term
``military departments'' has the meaning given that term in section
101(a)(8) of title 10, United States Code.
SEC. 545 <> . DEVELOPMENT OF RESOURCE
GUIDES REGARDING SEXUAL ASSAULT FOR THE
MILITARY SERVICE ACADEMIES.
(a) Development.--Not later than 30 days after the date of the
enactment of this Act, each Superintendent of a military service academy
shall develop and maintain a resource guide for students at the
respective military service academies regarding sexual assault.
(b) Elements.--Each guide developed under this section shall include
the following information with regards to the relevant military service
academy:
(1) Process overview and definitions.--
(A) An explanation of prohibited conduct, including
examples.
(B) An explanation of consent.
(C) Victims' rights.
(D) Clearly described complaint process, including
to whom a complaint may be filed.
(E) Explanations of restricted and unrestricted
reporting.
(F) List of mandatory reporters.
(G) Protections from retaliation.
(H) Assurance that leadership will take appropriate
corrective action.
(I) References to specific policies.
(J) Resources for survivors.
(2) Emergency services.--
(A) Contact information.
(B) Location.
(3) Support and counseling.--Contact information for the
following support and counseling resources:
(A) The Sexual Assault Prevention and Response
Victim Advocate or other equivalent advocate or
counselor available to students in cases of sexual
assault.
(B) The Sexual Harassment/Assault Response and
Prevention Resource Program Center.
(C) Peer counseling.
(D) Medical care.
(E) Legal counsel.
(F) Hotlines.
(G) Chaplain or other spiritual representatives.
(c) Distribution.--Each Superintendent shall provide the current
guide developed by that Superintendent under this section--
(1) not later than 30 days after completing development
under subsection (a) to each student who is enrolled at the
military service academy of that Superintendent on the date of
the enactment of this Act;
[[Page 1765]]
(2) at the beginning of each academic year after the date of
the enactment of this Act to each student who enrolls at the
military service academy of that Superintendent; and
(3) as soon as practicable to a student at the military
service academy of that Superintendent who reports that such
student is a victim of sexual assault.
SEC. 546 <> . IMPROVED CRIME REPORTING.
(a) Tracking Process.--The Secretary of Defense, in consultation
with the secretaries of the military departments, shall establish a
consolidated tracking process for the Department of Defense to ensure
increased oversight of the timely submission of crime reporting data to
the Federal Bureau of Investigation under section 922(g) of title 18,
United States Code, and Department of Defense Instruction 5505.11,
``Fingerprint Card and Final Disposition Report Submission
Requirements''. The tracking process shall, to the maximum extent
possible, standardize and automate reporting and increase the ability of
the Department to track such submissions.
(b) Letter Required.--Not later than July 1, 2019, the Secretary of
Defense shall submit a letter to the Committees on Armed Services of the
Senate and House of Representatives that details the tracking process
under subsection (a).
SEC. 547 <> . REPORT ON VICTIMS OF SEXUAL
ASSAULT IN REPORTS OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS.
(a) Report.--Not later than September 30, 2019, and not less
frequently than once every two years thereafter, the Secretary of
Defense, acting through the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces shall
submit to the congressional defense committees a report that includes,
with respect to the period of two years preceding the date of the
submittal of the report, the following:
(1) The number of instances in which a covered individual
was accused of misconduct or crimes considered collateral to the
investigation of a sexual assault committed against the
individual.
(2) The number of instances in which adverse action was
taken against a covered individual who was accused of collateral
misconduct or crimes as described in paragraph (1).
(3) The percentage of investigations of sexual assaults that
involved an accusation or adverse action against a covered
individual as described in paragraphs (1) and (2).
(b) Covered Individual Defined.--In this section, the term ``covered
individual'' means an individual who is identified as a victim of a
sexual assault in the case files of a military criminal investigative
organization.
Subtitle F--Member Education, Training, Resilience, and Transition
SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM.
(a) Codification and Permanent Authority.--Chapter 40 of title 10,
United States Code, is amended by adding at the end the following new
section 710:
[[Page 1766]]
``Sec. 710 <> . Career flexibility to enhance
retention of members
``(a) Programs Authorized.--Each Secretary of a military department
may carry out programs under which members of the regular components and
members on Active Guard and Reserve duty of the armed forces under the
jurisdiction of such Secretary may be inactivated from active service in
order to meet personal or professional needs and returned to active
service at the end of such period of inactivation from active service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--(1) The period of inactivation from active service under
a program under this section of a member participating in the program
shall be such period as the Secretary of the military department
concerned shall specify in the agreement of the member under subsection
(c), except that such period may not exceed three years.
``(2) Any service by a Reserve officer while participating in a
program under this section shall be excluded from computation of the
total years of service of that officer pursuant to section 14706(a) of
this title.
``(3) Any period of participation of a member in a program under
this section shall not count toward--
``(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of this title; or
``(B) computation of retired or retainer pay under chapter
71 or 1223 of this title.
``(c) Agreement.--Each member of the armed forces who participates
in a program under this section shall enter into a written agreement
with the Secretary of the military department concerned under which
agreement that member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable, and
serve in the Ready Reserve of the armed force concerned during
the period of the inactivation of the member from active service
under the program.
``(2) To undergo during the period of the inactivation of
the member from active service under the program such inactive
service training as the Secretary concerned shall require in
order to ensure that the member retains proficiency, at a level
determined by the Secretary concerned to be sufficient, in the
military skills, professional qualifications, and physical
readiness of the member during the inactivation of the member
from active service.
``(3) Following completion of the period of the inactivation
of the member from active service under the program, to serve
two months as a member of the armed forces on active service for
each month of the period of the inactivation of the member from
active service under the program.
``(d) Conditions of Release.--The Secretary of Defense shall
prescribe regulations specifying the guidelines regarding the conditions
of release that must be considered and addressed in the agreement
required by subsection (c). At a minimum, the Secretary shall prescribe
the procedures and standards to be used to instruct a member on the
obligations to be assumed by the member under paragraph (2) of such
subsection while the member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed by the
Secretary of the military department concerned, a member
[[Page 1767]]
of the armed forces participating in a program under this section may,
in the discretion of such Secretary, be required to terminate
participation in the program and be ordered to active service.
``(f) Pay and Allowances.--(1) During each month of participation in
a program under this section, a member who participates in the program
shall be paid basic pay in an amount equal to two-thirtieths of the
amount of monthly basic pay to which the member would otherwise be
entitled under section 204 of title 37 as a member of the uniformed
services on active service in the grade and years of service of the
member when the member commences participation in the program.
``(2)(A) A member who participates in a program shall not, while
participating in the program, be paid any special or incentive pay or
bonus to which the member is otherwise entitled under an agreement under
chapter 5 of title 37 that is in force when the member commences
participation in the program.
``(B) The inactivation from active service of a member participating
in a program shall not be treated as a failure of the member to perform
any period of service required of the member in connection with an
agreement for a special or incentive pay or bonus under chapter 5 of
title 37 that is in force when the member commences participation in the
program.
``(3)(A) Subject to subparagraph (B), upon the return of a member to
active service after completion by the member of participation in a
program--
``(i) any agreement entered into by the member under chapter
5 of title 37 for the payment of a special or incentive pay or
bonus that was in force when the member commenced participation
in the program shall be revived, with the term of such agreement
after revival being the period of the agreement remaining to run
when the member commenced participation in the program; and
``(ii) any special or incentive pay or bonus shall be
payable to the member in accordance with the terms of the
agreement concerned for the term specified in clause (i).
``(B)(i) Subparagraph (A) shall not apply to any special or
incentive pay or bonus otherwise covered by that subparagraph with
respect to a member if, at the time of the return of the member to
active service as described in that subparagraph--
``(I) such pay or bonus is no longer authorized by law; or
``(II) the member does not satisfy eligibility criteria for
such pay or bonus as in effect at the time of the return of the
member to active service.
``(ii) Subparagraph (A) shall cease to apply to any special or
incentive pay or bonus otherwise covered by that subparagraph with
respect to a member if, during the term of the revived agreement of the
member under subparagraph (A)(i), such pay or bonus ceases being
authorized by law.
``(C) A member who is ineligible for payment of a special or
incentive pay or bonus otherwise covered by this paragraph by reason of
subparagraph (B)(i)(II) shall be subject to the requirements for
repayment of such pay or bonus in accordance with the terms of the
applicable agreement of the member under chapter 5 of title 37.
``(D) Any service required of a member under an agreement covered by
this paragraph after the member returns to active service
[[Page 1768]]
as described in subparagraph (A) shall be in addition to any service
required of the member under an agreement under subsection (c).
``(4)(A) Subject to subparagraph (B), a member who participates in a
program is entitled, while participating in the program, to the travel
and transportation allowances authorized by section 474 of title 37
for--
``(i) travel performed from the residence of the member, at
the time of release from active service to participate in the
program, to the location in the United States designated by the
member as his residence during the period of participation in
the program; and
``(ii) travel performed to the residence of the member upon
return to active service at the end of the participation of the
member in the program.
``(B) An allowance is payable under this paragraph only with respect
to travel of a member to and from a single residence.
``(5) A member who participates in a program is entitled to carry
forward the leave balance existing as of the day on which the member
begins participation and accumulated in accordance with section 701 of
this title, but not to exceed 60 days.
``(g) Promotion.--(1)(A) An officer participating in a program under
this section shall not, while participating in the program, be eligible
for consideration for promotion under chapter 36 or 1405 of this title.
``(B) Upon the return of an officer to active service after
completion by the officer of participation in a program--
``(i) the Secretary of the military department concerned
shall adjust the date of rank of the officer in such manner as
the Secretary of Defense shall prescribe in regulations for
purposes of this section; and
``(ii) the officer shall be eligible for consideration for
promotion when officers of the same competitive category, grade,
and seniority are eligible for consideration for promotion.
``(2) An enlisted member participating in a program shall not be
eligible for consideration for promotion during the period that--
``(A) begins on the date of the inactivation of the member
from active service under the program; and
``(B) ends at such time after the return of the member to
active service under the program that the member is treatable as
eligible for promotion by reason of time in grade and such other
requirements as the Secretary of the military department
concerned shall prescribe in regulations for purposes of the
program.
``(h) Continued Entitlements.--A member participating in a program
under this section shall, while participating in the program, be treated
as a member of the armed forces on active duty for a period of more than
30 days for purposes of--
``(1) the entitlement of the member and of the dependents of
the member to medical and dental care under the provisions of
chapter 55 of this title; and
``(2) retirement or separation for physical disability under
the provisions of chapters 55 and 61 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter <> is
amended by inserting after the item relating to section 709a the
following new item:
``710. Career flexibility to enhance retention of members.''.
[[Page 1769]]
(2) Conforming repeal.--Section 533 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (10
U.S.C. prec. 701 note) is repealed.
SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM.
(a) Pathways for TAP.--
(1) In general.--Section 1142 of title 10, United States
Code, is amended--
(A) in the section heading by striking ``medical''
and inserting ``certain'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting
``(regardless of character of discharge)'' after
``discharge'';
(ii) in paragraph (3)(A)--
(I) by striking ``as soon as
possible during the 12-month period
preceding'' and inserting ``not later
than 365 days before'';
(II) by striking ``90 days'' and
inserting ``365 days''; and
(III) by striking ``discharge or
release'' and inserting ``retirement or
other separation''; and
(iii) in paragraph (3)(B)--
(I) by striking ``90'' and inserting
``365''; and
(II) by striking ``90-day'' and
inserting ``365-day'';
(C) by redesignating subsection (c) as subsection
(d);
(D) by inserting after subsection (b) the following
new subsection (c):
``(c) Counseling Pathways.--(1) Each Secretary concerned, in
consultation with the Secretaries of Labor and Veterans Affairs, shall
establish at least three pathways for members of the military department
concerned receiving individualized counseling under this section. The
Secretaries shall design the pathways to address the needs of members,
based on the following factors:
``(A) Rank.
``(B) Term of service.
``(C) Gender.
``(D) Whether the member was a member of a regular
or reserve component of an armed force.
``(E) Disability.
``(F) Character of discharge (including expedited
discharge and discharge under conditions other than
honorable).
``(G) Health (including mental health).
``(H) Military occupational specialty.
``(I) Whether the member intends, after separation,
retirement, or discharge, to--
``(i) seek employment;
``(ii) enroll in a program of higher
education;
``(iii) enroll in a program of vocational
training; or
``(iv) become an entrepreneur.
``(J) The educational history of the member.
``(K) The employment history of the member.
``(L) Whether the member has secured--
``(i) employment;
``(ii) enrollment in a program of education;
or
[[Page 1770]]
``(iii) enrollment in a program of vocational
training.
``(M) Other factors the Secretary of Defense and the
Secretary of Homeland Security, in consultation with the
Secretaries of Labor and Veterans Affairs, determine
appropriate.
``(2) Each member described in subsection (a) shall meet in person
or by video conference with a counselor before beginning counseling
under this section to--
``(A) take a self-assessment designed by the Secretary
concerned (in consultation with the Secretaries of Labor and
Veterans Affairs) to ensure that the Secretary concerned places
the member in the appropriate pathway under this subsection;
``(B) receive information from the counselor regarding
reenlistment in the armed forces; and
``(C) receive information from the counselor regarding
resources (including resources regarding military sexual
trauma)--
``(i) for members of the armed forces separated,
retired, or discharged;
``(ii) located in the community in which the member
will reside after separation, retirement, or discharge.
``(3) At the meeting under paragraph (2), the member may elect to
have the Secretary concerned (in consultation with the Secretaries of
Labor and Veterans Affairs) provide the contact information of the
member to the resources described in paragraph (2)(B).''; and
(E) by adding at the end the following new
subsection:
``(e) Joint Service Transcript.--The Secretary concerned shall
provide a copy of the joint service transcript of a member described in
subsection (a) to--
``(1) that member--
``(A) at the meeting with a counselor under
subsection (c)(2); and
``(B) on the day the member separates, retires, or
is discharged; and
``(2) the Secretary of Veterans Affairs on the day the
member separates, retires, or is discharged.''.
(2) <> Deadline.--Each Secretary
concerned shall carry out subsection (c) of such section, as
amended by paragraph (1), not later than 1 year after the date
of the enactment of this Act.
(3) GAO study.--Not later than 1 year after the Secretaries
concerned carry out subsection (c) of such section, as amended
by paragraph (1), the Comptroller General of the United States
shall submit to Congress a review of the pathways for the
Transition Assistance Program established under such subsection
(c).
(b) Contents of TAP.--
(1) In general.--Section 1144 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``Such services''
and inserting ``Subject to subsection (f)(2), such
services''; and
(B) by amending subsection (f) to read as follows:
``(f) Program Contents.--(1) The program carried out under this
section shall consist of instruction as follows:
[[Page 1771]]
``(A) One day of preseparation training specific to
the armed force concerned, as determined by the
Secretary concerned.
``(B) One day of instruction regarding--
``(i) benefits under laws administered by the
Secretary of Veterans Affairs; and
``(ii) other subjects determined by the
Secretary concerned.
``(C) One day of instruction regarding preparation
for employment.
``(D) Two days of instruction regarding a topic
selected by the member from the following subjects:
``(i) Preparation for employment.
``(ii) Preparation for education.
``(iii) Preparation for vocational training.
``(iv) Preparation for entrepreneurship.
``(v) Other options determined by the
Secretary concerned.
``(2) The Secretary concerned may permit a member to attend training
and instruction under the program established under this section--
``(A) before the time periods established under section
1142(a)(3) of this title;
``(B) in addition to such training and instruction required
during such time periods.''.
(2) <> Deadline.--The Transition
Assistance Program shall comply with the requirements of section
1144(f) of title 10, United States Code, as amended by paragraph
(1), not later than 1 year after the date of the enactment of
this Act.
(3) Action plan.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
an action plan to the congressional defense committees that--
(A) details how the Secretary shall implement the
requirements of section 1144(f) of title 10, United
States Code, as amended by paragraph (1); and
(B) details how the Secretary, in consultation with
the Secretaries of Veterans Affairs and Labor, shall
establish standardized performance metrics to measure
Transition Assistance Program participation and outcome-
based objective benchmarks in order to--
(i) provide feedback to the Departments of
Defense, Veterans Affairs, and Labor;
(ii) improve the curriculum of the Transition
Assistance Program;
(iii) share best practices;
(iv) facilitate effective oversight of the
Transition Assistance Program; and
(v) ensure members obtain sufficient financial
literacy to effectively leverage conferred
benefits and opportunities for employment,
education, vocational training, and
entrepreneurship.
(4) Report.--On the date that is 2 years after the date of
the enactment of this Act and annually thereafter for the
subsequent 4 years, the Secretary of Defense shall submit to the
Committees on Armed Services and Veterans' Affairs of the Senate
and the House of Representatives, the Committee
[[Page 1772]]
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives, a report regarding members of the Armed Forces
who have attended Transition Assistance Program counseling
during the preceding year. The report shall detail the
following:
(A) The total number of members who attended
Transition Assistance Program counseling.
(B) The number of members who attended Transition
Assistance Program counseling under paragraph (1) of
section 1144(f) of title 10, as amended by paragraph
(1).
(C) The number of members who attended Transition
Assistance Program counseling under paragraph (2) of
such section.
(D) The number of members who elected to attend each
two-day instruction under paragraph (1)(D) of such
section.
SEC. 553. REPEAL OF PROGRAM ON ENCOURAGEMENT OF POSTSEPARATION
PUBLIC AND COMMUNITY SERVICE.
(a) Repeal.--
(1) In general.--Section 1143a of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title <> is amended by striking the item relating to section
1143a.
(b) Conforming Amendments.--
(1) Section 1144(b) of title 10, United States Code, is
amended--
(A) by striking paragraph (8); and
(B) by redesignating paragraphs (9), (10), and (11)
as paragraphs (8), (9), and (10), respectively.
(2) Section 1142(b)(4)(C) of such title is amended by
striking ``the public and community service jobs program carried
out under section 1143a of this title, and''.
(3) Section 159(c)(2)(D) of the National and Community
Service Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by
striking ``and as employment with a public service or community
service organization for purposes of section 4464 of that Act''.
(4) Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2)) is
amended by striking ``shall'' and all that follows through
``provide other'' and inserting ``shall provide''.
(5) Subsection (c) of section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 1293 note) is amended to read as follows:
``(c) Inapplicability of Certain Provisions.--During the period
specified in subsection (i)(2), this section does not apply as follows:
``(1) To members of the Coast Guard, notwithstanding section
542(d) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 1293 note).
``(2) To members of the commissioned corps of the National
Oceanic and Atmospheric Administration, notwithstanding section
566(c) of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 10 U.S.C. 1293 note).''.
(c) Conforming Repeal.--
[[Page 1773]]
(1) Repeal.--Section 4464 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 1143a note) is repealed.
(2) Applicability.--The repeal made under paragraph (1)
shall apply with respect to an individual who retires from the
Armed Forces on or after the date of the enactment of this Act.
SEC. 554. CLARIFICATION OF APPLICATION AND HONORABLE SERVICE
REQUIREMENTS UNDER THE TROOPS-TO-TEACHERS
PROGRAM TO MEMBERS OF THE RETIRED RESERVE.
(a) In General.--Paragraph (2)(B) of section 1154(d) of title 10,
United States Code, is amended--
(1) by inserting ``(A)(iii),'' after ``(A)(i),'';
(2) by inserting ``transferred to the Retired Reserve, or''
after ``member is retired,''; and
(3) by striking ``separated,'' and inserting ``separated''.
(b) Conforming Amendments.--The second sentence of paragraph (3)(D)
of such section is amended--
(1) by inserting ``, the transfer of the member to the
Retired Reserve,'' after ``retirement of the member''; and
(2) by inserting ``transfer,'' after ``after the
retirement,''.
SEC. 555. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS
AT THE JOINT SPECIAL OPERATIONS
UNIVERSITY.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) The Joint Special Operations University.''.
SEC. 556. PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES IN
OBTAINING PROFESSIONAL CREDENTIALS.
Section 2015(a) of title 10, United States Code, is amended by
striking ``related to military training'' and all that follows through
the period at the end of paragraph (2) and inserting ``that translate
into civilian occupations.''.
SEC. 557. ENHANCEMENT OF AUTHORITIES IN CONNECTION WITH JUNIOR
RESERVE OFFICERS' TRAINING CORPS PROGRAMS.
(a) Flexibility in Authorities for Management of Programs and
Units.--
(1) In general.--Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2035 <> . Flexibility in authorities
for management of programs and units
``(a) Authority To Convert Otherwise Closing Units to National
Defense Cadet Corps Program Units.--If the Secretary of a military
department is notified by a local educational agency of the intent of
the agency to close its Junior Reserve Officers' Training Corps, the
Secretary shall offer the agency the option of converting the unit to a
National Defense Cadet Corps (NDCC) program unit in lieu of closing the
unit.
``(b) Flexibility in Administration of Instructors.--
``(1) In general.--The Secretaries of the military
departments may, without regard to any other provision of this
[[Page 1774]]
chapter, undertake initiatives designed to promote flexibility
in the hiring and compensation of instructors for the Junior
Reserve Officers' Training Corps program under the jurisdiction
of such Secretaries.
``(2) Elements.--The initiatives undertaken pursuant to this
subsection may provide for one or more of the following:
``(A) Termination of the requirement for a waiver as
a condition of the hiring of well-qualified non-
commissioned officers with a bachelor's degree for
senior instructor positions within the Junior Reserve
Officers' Training Corps.
``(B) Specification of a single instructor as the
minimum number of instructors required to found and
operate a Junior Reserve Officers' Training Corps unit.
``(C) Authority for Junior Reserve Officers'
Training Corps instructors to undertake school duties,
in addition to Junior Reserve Officers' Training Corps
duties, at small schools.
``(D) Authority for the payment of instructor
compensation for a limited number of Junior Reserve
Officers' Training Corps instructors on a 10-month per
year basis rather than a 12-month per year basis.
``(E) Such other actions as the Secretaries of the
military departments consider appropriate.
``(c) Flexibility in Allocation and Use of Travel Funding.--The
Secretaries of the military departments shall take appropriate actions
to provide so-called regional directors of the Junior Reserve Officers'
Training Corps programs located at remote rural schools enhanced
discretion in the allocation and use of funds for travel in connection
with Junior Reserve Officers' Training Corps activities.
``(d) Standardization of Program Data.--The Secretary of Defense
shall take appropriate actions to standardize the data collected and
maintained on the Junior Reserve Officers' Training Corps programs in
order to facilitate and enhance the collection and analysis of such
data. Such actions shall include a requirement for the use of the
National Center for Education Statistics (NCES) identification code for
each school with a unit under a Junior Reserve Officers' Training Corps
program in order to facilitate identification of such schools and their
units under the Junior Reserve Officers' Training Corps programs.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 102 of such title <> is amended by adding at the end the following new item:
``2035. Flexibility in authorities for management of programs and
units.''.
(b) Authority for Additional Units.--The Secretaries of the military
departments may, using amounts authorized to be appropriated by this Act
and available in the funding tables in sections 4301 and 4401 for
purposes of the Junior Reserve Officers' Training Corps programs,
establish an aggregate of not more than 100 units under the Junior
Reserve Officers' Training Corps programs in low-income and rural areas
of the United States and areas of the United States currently
underserved by the Junior Reserve Officers' Training Corps programs.
[[Page 1775]]
SEC. 558 <> . EXPANSION OF PERIOD OF
AVAILABILITY OF MILITARY ONESOURCE PROGRAM
FOR RETIRED AND DISCHARGED MEMBERS OF THE
ARMED FORCES AND THEIR IMMEDIATE FAMILIES.
(a) In General.--Under regulations prescribed by the Secretary of
Defense, the period of eligibility for the Military OneSource program of
the Department of Defense of an eligible individual retired, discharged,
or otherwise released from the Armed Forces, and for the eligible
immediate family members of such an individual, shall be the one-year
period beginning on the date of the retirement, discharge, or release,
as applicable, of such individual.
(b) Information to Families.--The Secretary shall, in such manner as
the Secretary considers appropriate, inform military families and
families of veterans of the Armed Forces of the wide range of benefits
available through the Military OneSource program.
SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF ENLISTED
PERSONNEL AT SENIOR LEVEL AND INTERMEDIATE
LEVEL OFFICER PROFESSIONAL MILITARY
EDUCATION COURSES.
(a) Prohibition.--None of the funds authorized to be appropriated or
otherwise made available for the Department of Defense may be obligated
or expended for the purpose of the attendance of enlisted personnel at
senior level and intermediate level officer professional military
education courses.
(b) Senior Level and Intermediate Level Officer Professional
Military Education Courses Defined.--In this section, the term ``senior
level and intermediate level officer professional military education
courses'' means any course for officers offered by a school specified in
paragraph (1) or (2) of section 2151(b) of title 10, United States Code.
(c) Repeal of Superseded Limitation.--
(1) In general.--Section 547 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
repealed.
(2) Preservation of certain reporting requirement.--The
repeal in paragraph (1) shall not be interpreted to terminate
the requirement of the Comptroller General of the United States
to submit the report required by subsection (c) of section 547
of the National Defense Authorization Act for Fiscal Year 2018.
Subtitle G--Defense Dependents' Education
SEC. 561. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2019 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398; 20 U.S.C. 7703a).
[[Page 1776]]
(2) Use of certain amount.--Of the amount available under
paragraph (1) for payments as described in that paragraph,
$5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense, in
the discretion of the Secretary, to have higher concentrations
of military children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2019 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $40,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 562 <> . DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY POLICIES AND PROCEDURES
ON SEXUAL HARASSMENT OF STUDENTS OF
ACTIVITY SCHOOLS.
(a) Applicability of Title IX Protections.--The provisions of title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this
section referred to as ``title IX'') with respect to education programs
or activities receiving Federal financial assistance shall apply equally
to education programs and activities administered by the Department of
Defense Education Activity (DODEA).
(b) Policies and Procedures.--Not later than March 31, 2019, the
Department of Defense Education Activity shall establish policies and
procedures to protect students at schools of the Activity who are
victims of sexual harassment. Such policies and procedures shall afford
protections at least comparable to the protections afforded under title
IX.
(c) Elements.--The policies and procedures required by subsection
(b) shall include, at a minimum, the following:
(1) A policy addressing sexual harassment of students at the
schools of the Department of Defense Education Activity that
uses and incorporates terms, procedures, protections,
investigation standards, and standards of evidence consistent
with title IX.
(2) A procedure by which--
(A) a student of a school of the Activity, or a
parent of such a student, may file a complaint with the
school alleging an incident of sexual harassment at the
school; and
(B) such a student or parent may appeal the decision
of the school regarding such complaint.
(3) A procedure and mechanisms for the appointment and
training of, and allocation of responsibility to, a coordinator
at each school of the Activity for sexual harassment matters
involving students from the military community served by such
school.
(4) Training of employees of the Activity, and volunteers at
schools of the Activity, on the policies and procedures.
[[Page 1777]]
(5) Mechanisms for the broad distribution and display of the
policy described in paragraph (1), including on the Internet
website of the Activity and on Internet websites of schools of
the Activity, in printed and online versions of student
handbooks, and in brochures and flyers displayed on school
bulletin boards and in guidance counselor offices.
(6) Reporting and recordkeeping requirements designed to
ensure that--
(A) complaints of sexual harassment at schools of
the Activity are handled--
(i) with professionalism and consistency; and
(ii) in a manner that permits coordinators
referred to in paragraph (3) to track trends in
incidents of sexual harassment and to identify
repeat offenders of sexual harassment; and
(B) appropriate members of the local leadership of
military communities are held accountable for acting
upon complaints of sexual harassment at schools of the
Activity.
SEC. 563 <> . DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY MISCONDUCT DATABASE.
(a) Comprehensive Database.--The Secretary of Defense shall
consolidate the various databases and mechanisms for the reporting and
tracking of juvenile misconduct in Department of Defense Education
Activity (hereinafter in this section referred to as ``DODEA'') schools
into one comprehensive database for DODEA juvenile misconduct. The
comprehensive database shall include all unresolved and all
substantiated allegations of juvenile-on-juvenile sexual misconduct.
(b) Policy.--The Secretary shall establish a comprehensive policy
regarding the reporting and tracking of juvenile misconduct cases
occurring in DODEA schools, including policies establishing appropriate
safeguards to prevent unauthorized disclosure of sensitive information
contained in the comprehensive database required by subsection (a).
SEC. 564. ASSESSMENT AND REPORT ON ACTIVE SHOOTER THREAT
MITIGATION AT SCHOOLS LOCATED ON MILITARY
INSTALLATIONS.
(a) Assessment.--The Secretary of Defense shall conduct an
assessment of strategies that may be used to address any security threat
posed by active shooter incidents at public elementary schools and
secondary schools located on the grounds of Federal military
installations.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes the results of the assessment conducted under subsection
(a).
Subtitle H--Military Family Readiness Matters
SEC. 571. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL
MATTERS.
(a) Member Matters.--
[[Page 1778]]
(1) Membership.--Paragraph (1)(B) of subsection (b) of
section 1781a of title 10, United States Code, is amended--
(A) in clause (i), by striking ``a member of the
armed force to be represented'' and inserting ``a member
or civilian employee of the armed force to be
represented''; and
(B) by striking clause (ii) and inserting the
following new clause (ii):
``(ii) One representative, who shall be a
member or civilian employee of the National Guard
Bureau, to represent both the Army National Guard
and the Air National Guard.''.
(2) Terms.--Paragraph (2) of such subsection is amended--
(A) in subparagraph (A)--
(i) in the first sentence, by striking
``clauses (i) and (iii) of''; and
(ii) by striking the second sentence; and
(B) in subparagraph (B), by striking ``three years''
and inserting ``two years''.
(b) Duties.--Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``military family
readiness by the Department of Defense'' and inserting
``military family readiness programs and activities of the
Department of Defense''; and
(2) by adding at the end the following new paragraph:
``(4) To make recommendations to the Secretary of Defense to
improve collaboration, awareness, and promotion of accurate and
timely military family readiness information and support
services by policy makers, service providers, and targeted
beneficiaries.''.
(c) Annual Reports.--Subsection (e) of such section is amended by
striking ``February 1'' and inserting ``July 1''.
(d) <> Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Applicability of membership and term amendments.--The
amendments made by subsection (a) shall apply to members of the
Department of Defense Military Family Readiness Council
appointed after the date of the enactment of this Act.
SEC. 572. ENHANCEMENT AND CLARIFICATION OF FAMILY SUPPORT SERVICES
FOR FAMILY MEMBERS OF MEMBERS OF SPECIAL
OPERATIONS FORCES.
Section 1788a of title 10, United States Code, is amended--
(1) by striking ``activities'' each place it appears and
inserting ``services'';
(2) in subsection (b)(2), by striking ``activity'' and
inserting ``service'';
(3) in subsection (c), by striking ``$5,000,000'' and
inserting ``$10,000,000''; and
(4) in subsection (e), by adding at the end the following
new paragraph:
``(4) The term `family support services' includes costs of
transportation, food, lodging, child care, supplies, fees, and
training materials for immediate family members of members of
the armed forces assigned to special operations forces while
participating in programs under subsection (a).''.
[[Page 1779]]
SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETITIVE
APPOINTMENTS OF MILITARY SPOUSES BY
FEDERAL AGENCIES.
(a) Expansion to Include All Spouses of Members of the Armed Forces
on Active Duty.--Section 3330d of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (3), (4), and (5); and
(B) by redesignating paragraph (6) as paragraph (3);
(2) by striking subsections (b) and (c) and inserting the
following new subsection (b):
``(b) Appointment Authority.--The head of an agency may appoint
noncompetitively--
``(1) a spouse of a member of the Armed Forces on active
duty; or
``(2) a spouse of a disabled or deceased member of the Armed
Forces.'';
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)(6)'' in paragraph (1) and inserting
``subsection (a)(3)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of such title <> is amended by
striking the item relating to section 3330d and inserting the following
new item:
``3330d. Appointment of military spouses.''.
(c) Heading Amendment.--The heading of such section is amended to
read as follows:
``Sec. 3330d. Appointment of military spouses''.
(d) <> OPM Limitation and Reports.--
(1) Relocating spouses.--With respect to the noncompetitive
appointment of a relocating spouse of a member of the Armed
Forces under subsection (b)(1) of section 3330d of title 5,
United States Code, as amended by subsection (a), the Director
of the Office of Personnel Management--
(A) shall monitor the number of such appointments;
(B) shall require the head of each agency with
authority to make such appointments under such section
to submit an annual report to the Director on such
appointments, including information on the number of
individuals so appointed, the types of positions filled,
and the effectiveness of the authority for such
appointments; and
(C) not later than 18 months after the date of the
enactment of this Act, shall submit a report to the
Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Government Affairs of the Senate on the use
and effectiveness of such authority.
(2) Non-relocating spouses.--With respect to the
noncompetitive appointment of a spouse of a member of the Armed
Forces other than a relocating spouse described in paragraph
(1), the Director of the Office of Personnel Management--
(A) shall treat the spouse as a relocating spouse
under paragraph (1); and
(B) may limit the number of such appointments.
(e) <> Sunset.--Effective on the date that
is 5 years after the date of the enactment of this Act--
[[Page 1780]]
(1) the authority provided by this section, and the
amendments made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United
States Code, amended or repealed by such section are restored or
revived as if such section had not been enacted.
SEC. 574 <> . IMPROVEMENT OF MY CAREER
ADVANCEMENT ACCOUNT PROGRAM FOR MILITARY
SPOUSES.
(a) Outreach on Availability of Program.--The Secretary of Defense
shall take appropriate actions to ensure that military spouses who are
eligible for participation in the My Career Advancement Account program
of the Department of Defense are, to the extent practicable, made aware
of the program.
(b) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth such
recommendations as the Comptroller General considers appropriate
regarding the following:
(1) Mechanisms to increase awareness of the My Career
Advancement Account program of the Department of Defense among
military spouses who are eligible to participate in the program.
(2) Mechanisms to increase participation in the My Career
Advancement Account program among military spouses who are
eligible to participate in the program.
(c) Training for Installation Career Counselors on Program.--The
Secretaries of the military departments shall take appropriate actions
to ensure that career counselors at military installations receive
appropriate training and current information on eligibility for and use
of benefits under the My Career Advancement Account program, including
financial assistance to cover costs associated with professional
recertification, portability of occupational licenses, professional
credential exams, and other mechanisms in connection with the
portability of professional licenses.
SEC. 575. ASSESSMENT AND REPORT ON THE EFFECTS OF PERMANENT
CHANGES OF STATION ON EMPLOYMENT AMONG
MILITARY SPOUSES.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the effects of frequent, permanent changes of station on
the stability of employment among spouses of members of the Armed
Forces.
(b) Elements.--The assessment required under subsection (a) shall
include the following:
(1) An assessment of how frequent, permanent changes of
station may contribute to unemployment or underemployment among
spouses of members of the Armed Forces.
(2) An assessment of how unemployment and underemployment
among military spouses may affect force readiness.
(3) Such recommendations as the Secretary considers
appropriate regarding legislative or administration actions that
may be carried out to achieve force readiness and stabilization
through the minimization of the impacts of frequent, permanent
changes in station on the stability of employment among military
spouses.
(c) Report.--Not later than February 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services
[[Page 1781]]
of the Senate and the House of Representatives a report that includes
the results of the assessment with respect to each element described in
subsection (b).
SEC. 576 <> . PROVISIONAL OR INTERIM
CLEARANCES TO PROVIDE CHILDCARE SERVICES
AT MILITARY CHILDCARE CENTERS.
(a) In General.--The Secretary of Defense shall implement a policy
to permit the issuance on a provisional or interim basis of clearances
for the provision of childcare services at military childcare centers.
(b) Elements.--The policy required by subsection (a) shall provide
for the following:
(1) Any clearance issued under the policy shall be temporary
and contingent upon the satisfaction of such requirements for
the issuance of a clearance on a permanent basis as the
Secretary considers appropriate.
(2) Any individual issued a clearance on a provisional or
interim basis under the policy shall be subject to such
supervision in the provision of childcare services using such
clearance as the Secretary considers appropriate.
(c) Clearance Defined.--In this section, the term ``clearance'',
with respect to an individual and the provision of childcare services,
means the formal approval of the individual, after appropriate
background checks and other review, to provide childcare services to
children at a military childcare center of the Department of Defense.
SEC. 577 <> . MULTIDISCIPLINARY
TEAMS FOR MILITARY INSTALLATIONS ON CHILD
ABUSE AND OTHER DOMESTIC VIOLENCE.
(a) Multidisciplinary Teams Required.--
(1) In general.--Under regulations prescribed by each
Secretary concerned, there shall be established and maintained
for each military installation, except as provided in paragraph
(2), one or more multidisciplinary teams on child abuse and
other domestic violence for the purposes specified in subsection
(b).
(2) Single team for proximate installations.--A single
multidisciplinary team described in paragraph (1) may be
established and maintained under this subsection for two or more
military installations in proximity with one another if the
Secretary concerned determines, in consultation with the
Secretary of Defense, that a single team for such installations
suffices to carry out the purposes of such teams under
subsection (b) for such installations.
(b) Purposes.--The purposes of each multidisciplinary team
maintained pursuant to subsection (a) shall be as follows:
(1) To provide for the sharing of information among such
team and other appropriate personnel on the installation or
installations concerned regarding the progress of investigations
into and resolutions of incidents of child abuse and other
domestic violence involving members of the Armed Forces
stationed at or otherwise assigned to the installation or
installations.
(2) To provide for and enhance collaborative efforts among
such team and other appropriate personnel of the installation or
installations regarding investigations into and resolutions of
such incidents.
[[Page 1782]]
(3) To enhance the social services available to military
families at the installation or installations in connection with
such incidents, including through the enhancement of cooperation
among specialists and other personnel providing such services to
such military families in connection with such incidents.
(4) To carry out such other duties regarding the response to
child abuse and other domestic violence at the installation or
installations as the Secretary concerned considers appropriate
for such purposes.
(c) Personnel.--
(1) In general.--Each multidisciplinary team maintained
pursuant to subsection (a) shall be composed of the following:
(A) One or more judge advocates.
(B) Appropriate personnel of one or more military
criminal investigation services.
(C) Appropriate mental health professionals.
(D) Appropriate medical personnel.
(E) Family advocacy case workers.
(F) Such other personnel as the Secretary or
Secretaries concerned consider appropriate.
(2) Expertise and training.--Any individual assigned to a
multidisciplinary team shall possess such expertise, and shall
undertake such training as is required to maintain such
expertise, as the Secretary concerned shall specify for purposes
of this section in order to ensure that members of the team
remain appropriately qualified to carry out the purposes of the
team under this section. The training and expertise so specified
shall include training and expertise on special victims' crimes,
including child abuse and other domestic violence.
(d) Coordination and Collaboration With Non-military Resources.--
(1) Use of community resources serving installations.--In
providing under this section for a multidisciplinary team for a
military installation or installations that benefit from
services or resources on child abuse or other domestic violence
that are provided by civilian entities in the vicinity of the
installation or installations, the Secretary concerned may take
the availability of such services or resources to the
installation or installations into account in providing for the
composition and duties of the team.
(2) Best practices.--The Secretaries concerned shall take
appropriate actions to ensure that multidisciplinary teams
maintained pursuant to subsection (a) remain fully and currently
apprised of best practices in the civilian sector on
investigations into and resolutions of incidents of child abuse
and other domestic violence and on the social services provided
in connection with such incidents.
(3) Collaboration.--In providing for the enhancement of
social services available to military families in accordance
with subsection (b)(3), the Secretaries concerned shall permit,
facilitate, and encourage multidisciplinary teams to collaborate
with appropriate civilian agencies in the vicinity of the
military installations concerned with regard to availability,
provision, and use of such services to and by such families.
(e) Annual Reports.--Not later than March 1 of each year from 2020
through 2022, each Secretary concerned shall submit to the Committees on
Armed Services of the Senate and the House
[[Page 1783]]
of Representatives a report on the activities of multidisciplinary teams
maintained pursuant to subsection (a) under the jurisdiction of such
Secretary during the preceding year. Each report shall set forth, for
the period covered by such report, the following:
(1) A summary description of the activities of the
multidisciplinary teams concerned, including the number and
composition of such teams, the recurring activities of such
teams, and any notable achievements of such teams.
(2) A description of any impediments to the effectiveness of
such teams.
(3) Such recommendations for legislative or administrative
action as such Secretary considers appropriate in order to
improve the effectiveness of such teams.
(4) Such other matters with respect to such teams as such
Secretary considers appropriate.
(f) Secretary Concerned.--
(1) Definition.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101(a)(9)
of title 10, United States Code.
(2) Usage with respect to multiple installations.--For
purposes of this section, any reference to ``Secretary
concerned'' with respect to a single multidisciplinary team
established and maintained pursuant to subsection (a) for two or
more military installations that are under the jurisdiction of
different Secretaries concerned, shall be deemed to refer to
each Secretary concerned who has jurisdiction of such an
installation, acting jointly.
SEC. 578 <> . PILOT PROGRAM FOR MILITARY
FAMILIES: PREVENTION OF CHILD ABUSE AND
TRAINING ON SAFE CHILDCARE PRACTICES.
(a) Pilot Program.--
(1) Purpose.--In order to reduce child abuse and fatalities
due to abuse or neglect in covered households, the Secretary of
Defense, acting through the Defense Health Agency, shall carry
out a pilot program to--
(A) provide information regarding safe childcare
practices to covered households;
(B) identify and assess risk factors for child abuse
in covered households; and
(C) facilitate connections between covered
households and community resources.
(2) Prohibition on delegation.--The Secretary may not carry
out the pilot program through the Family Advocacy Program.
(3) Locations.--The Secretary shall carry out the pilot
program at no fewer than five military installations that
reflect a range of characteristics including the following:
(A) Urban location.
(B) Rural location.
(C) Large population.
(D) Small population.
(E) High incidence of child abuse, neglect, or both.
(F) Low incidence of child abuse, neglect, or both.
(G) Presence of a hospital or clinic.
(H) Lack of a hospital or clinic.
(I) Joint installation.
[[Page 1784]]
(J) Serving only one Armed Force.
(4) Term.--The pilot program shall terminate two years after
implementation.
(5) Design.--The Secretary shall design the pilot program in
consultation with military family groups to respond to the needs
of covered households.
(6) Elements.--The pilot program shall include the following
elements:
(A) Postnatal services, including screening to
identify family needs and potential risk factors, and
make referrals to appropriate community services with
the use of the electronic data described in
subparagraphs (F) and (G).
(B) The Secretary shall identify at least three
approaches to screening, identification, and referral
under subparagraph (A) that empirically improve outcomes
for parents and infants.
(C) Services and resources designed for a covered
household by the Secretary after considering the
information gained from the screening and identification
under subparagraph (A). Such services and resources may
include or address the following:
(i) General maternal and infant health exam.
(ii) Safe sleeping environments.
(iii) Feeding and bathing.
(iv) Adequate child supervision.
(v) Common hazards.
(vi) Self-care.
(vii) Postpartum depression, substance abuse,
or domestic violence.
(viii) Community violence.
(ix) Skills for management of infant crying.
(x) Other positive parenting skills and
practices.
(xi) The importance of participating in
ongoing healthcare for an infant and for treating
postpartum depression.
(xii) Finding, qualifying for, and
participating in available community resources
with respect to infant care, childcare, parenting
support, and home visits.
(xiii) Planning for parenting or guardianship
of children during deployment and reintegration.
(xiv) Such other matters as the Secretary, in
consultation with military families, considers
appropriate.
(D) Home visits to provide support, screening and
referral services shall be offered as needed. The number
of visits offered shall be guided by parental interest
and family need, but in general is expected to be no
more than three.
(E) If a parent is deployed at the time of birth--
(i) the first in-home visit under subparagraph
(D) shall, to the extent practicable, incorporate
both parents, in person with the local parent and
by electronic means with the deployed parent; and
(ii) another such home visit shall be offered
upon the return of the parent from deployment, and
shall include both parents, if determined in the
best interest of the family.
[[Page 1785]]
(F) An electronic directory of community resources
available to covered households and pilot program
personnel to help covered households access such
resources.
(G) An electronic integrated data system to--
(i) help pilot program personnel refer
eligible covered beneficiaries to services and
resources under the pilot program;
(ii) track usage of such services and
resources and interactions between such personnel
and covered households; and
(iii) evaluate the implementation, outcomes,
and effectiveness of the pilot program.
(b) Voluntary Participation.--Participation in the pilot program
shall be at the election of a covered beneficiary in an eligible
household.
(c) Outreach.--
(1) In general.--Not later than 30 days after implementing
the pilot program, the Secretary shall notify each covered
household of the services provided under subsection (b).
(2) Covered households with newborns.--No later than 30 days
after a birth in a covered household, the Secretary shall
contact such covered household to encourage participation in the
pilot program.
(d) Assessments.--
(1) Number.--The Secretary shall carry out no fewer than
five assessments of the pilot program.
(2) Comparison installations.--For purposes of this
subsection, the Secretary shall also select such number of other
military installations the Secretary determines appropriate as
comparison installations for purposes of assessing the outcomes
of the pilot.
(3) Assessment.--The Secretary shall assess each of the
following:
(A) Success in contacting covered households for
participation in the pilot.
(B) The percentage of covered households that elect
to participate in the pilot program.
(C) The extent to which covered households
participating in the pilot program are connected to
services and resources under the pilot program.
(D) The extent to which covered households
participating in the pilot program use services and
resources under the pilot program.
(E) Compliance of pilot program personnel with pilot
program protocols.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the pilot program under this
section. The report shall include a comprehensive description of
the assessments under subsection (d), as well as the following:
(A) Which installations the Secretary selected for
the pilot program under subsection (a)(2).
[[Page 1786]]
(B) Why the Secretary selected the installations
described in subparagraph (A).
(C) Names of the installations the Secretary
selected as comparison installations under subsection
(d)(2).
(D) How the pilot program is carried out, including
strategy and metrics for evaluating effectiveness of the
pilot program.
(2) Final report.--Not later than 180 days after the
termination of the pilot program, the Secretary shall submit to
the committees specified in paragraph (1) a final report on the
pilot program. The report shall include the following:
(A) A comprehensive description of, and findings of,
the assessments under subsection (d).
(B) A comprehensive description and assessment of
the pilot.
(C) Such recommendations for legislative or
administrative action the Secretary determines
appropriate, including whether to--
(i) extend the term of the pilot program;
(ii) expand the pilot program to additional
installations; or
(iii) make the pilot program permanent.
(f) Departmental Implementation.--If the Secretary determines that
any element of the pilot program is effective, the Secretary shall
implement such element permanently for the Department of Defense.
(g) Definitions.--In this section:
(1) The term ``covered household'' means a household that--
(A) contains an eligible covered beneficiary; and
(B) is located at a location selected by the
Secretary for the pilot program.
(2) The term ``eligible covered beneficiary'' means a
covered beneficiary (as that term is defined in section 1072 of
title 10, United States Code) who obtains prenatal or
obstetrical care in a military medical treatment facility in
connection with a birth covered by the pilot program.
(3) With respect to a military installation, the term
``community'' means the catchment area for community services of
the installation, including services provided on the
installation by the Secretary and services provided by State,
county, and local jurisdictions in which the installation is
located, or in the vicinity of the installation.
SEC. 579. ASSESSMENT AND REPORT ON SMALL BUSINESS ACTIVITIES OF
MILITARY SPOUSES ON MILITARY INSTALLATIONS
IN THE UNITED STATES.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the feasibility and advisability of permitting military
spouses to engage in small business activities on military installations
in the United States and in partnership with commissaries, exchange
stores, and other morale, welfare, and recreation facilities of the
Armed Forces in the United States.
(b) Elements.--The assessment required under subsection (a) shall--
(1) take into account the usage by military spouses of
installation facilities, utilities, and other resources in the
conduct of small business activities on military installations
in
[[Page 1787]]
the United States and such other matters in connection with the
conduct of such business activities by military spouses as the
Secretary considers appropriate; and
(2) seek to identify mechanisms to ensure that costs and
fees associated with the usage by military spouses of such
facilities, utilities, and other resources in connection with
such business activities does not meaningfully curtail or
eliminate the opportunity for military spouses to profit
reasonably from such business activities.
(c) Report.--Not later than March 1, 2019, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes the results of the
assessment, including the results with respect to each element described
in subsection (b).
Subtitle I--Decorations and Awards
SEC. 581 <> . ATOMIC VETERANS
SERVICE CERTIFICATE.
(a) Service Certificate Required.--The Secretary of Defense shall
design and produce a military service certificate, to be known as the
``Atomic Veterans Service Certificate'', to honor retired and former
members of the Armed Forces who are radiation-exposed veterans (as such
term is defined in section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Certificate.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense shall
issue the Atomic Veterans Service Certificate to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide for
issuance of the Atomic Veterans Service Certificate to the next-
of-kin of the person.
SEC. 582 <> . AWARD OF MEDALS OR
OTHER COMMENDATIONS TO HANDLERS OF
MILITARY WORKING DOGS.
(a) Program of Award Required.--Each Secretary of a military
department shall carry out a program to provide for the award of one or
more medals or other commendations to handlers of military working dogs
under the jurisdiction of such Secretary to recognize valor or
meritorious achievement by such handlers and dogs.
(b) Medals and Commendations.--Any medal or commendation awarded
pursuant to a program under subsection (a) shall be of such design, and
include such elements, as the Secretary of the military department
concerned shall specify. The Secretary concerned may use an existing
award to carry out such program.
(c) Presentation and Acceptance.--Any medal or commendation awarded
pursuant to a program under subsection (a) may be presented to and
accepted by the handler concerned on behalf of the handler and the
military working dog concerned.
(d) Regulations.--Medals and commendations shall be awarded under
programs under subsection (a) in accordance with regulations prescribed
by the Secretary of Defense for purposes of this section.
[[Page 1788]]
SEC. 583. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS
TO JUSTIN T. GALLEGOS FOR ACTS OF VALOR
DURING OPERATION ENDURING FREEDOM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitations with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Secretary of the
Army may award the Distinguished-Service Cross under section 3742 of
such title to Justin T. Gallegos for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Justin T. Gallegos on October 3, 2009,
as a member of the Army in the grade of Staff Sergeant, serving in
Afghanistan with the 61st Cavalry Regiment, 4th Brigade Combat Team, 4th
Infantry Division.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT MATTERS.
(a) Date of Submittal.--Subsection (a) of section 115a of title 10,
United States Code, is amended in the matter preceding paragraph (1) by
striking ``not later than 45 days after the date on which'' and
inserting ``on the date on which''.
(b) Specification of Anticipated Opportunities for Promotion of
Commissioned Officers.--Subsection (d) of such section is amended by
adding the following new paragraph:
``(4) The opportunities for promotion of commissioned
officers anticipated to be estimated pursuant to section
623(b)(4) of this title for the fiscal year in which such report
is submitted for purposes of promotion selection boards convened
pursuant to section 611 of this title during such fiscal
year.''.
SEC. 592. BURIAL OF UNCLAIMED REMAINS OF INMATES AT THE UNITED
STATES DISCIPLINARY BARRACKS CEMETERY,
FORT LEAVENWORTH, KANSAS.
Section 985 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``A person who is
ineligible'' in the matter preceding paragraph (1) and inserting
``Except as provided in subsection (c), a person who is
ineligible'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Unclaimed Remains of Military Prisoners.--Subsection (b) shall
not preclude the burial at the United States Disciplinary Barracks
Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including
a military prisoner who is a person described in section 2411(b) of
title 38, who dies while in custody of a military department and whose
remains are not claimed by the person authorized to direct disposition
of the remains or by other persons legally authorized to dispose of the
remains.''.
[[Page 1789]]
SEC. 593. STANDARDIZATION OF FREQUENCY OF ACADEMY VISITS OF THE
AIR FORCE ACADEMY BOARD OF VISITORS WITH
ACADEMY VISITS OF BOARDS OF OTHER MILITARY
SERVICE ACADEMIES.
Section 9355 of title 10, United States Code, is amended by striking
subsection (d) and inserting the following new subsection:
``(d) The Board shall visit the Academy annually. With the approval
of the Secretary of the Air Force, the Board or its members may make
other visits to the Academy in connection with the duties of the Board
or to consult with the Superintendent of the Academy. Board members
shall have access to the Academy grounds and the cadets, faculty, staff,
and other personnel of the Academy for the purposes of the duties of the
Board.''.
SEC. 594. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC
SERVICE MATTERS.
(a) Definitions.--Section 551(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2130) is amended--
(1) in paragraph (1), by inserting after ``United States
Code)'' the following: ``or active status (as that term is
defined in subsection (d)(4) of such section)'';
(2) in paragraph (2)--
(A) by striking `` `national service' '' and
inserting `` `public service' ''; and
(B) by striking ``or State Government'' and
inserting ``, State, Tribal, or local government'';
(3) in paragraph (3)--
(A) by striking `` `public service' '' and inserting
`` `national service' ''; and
(B) by striking ``employment'' and inserting
``participation''; and
(4) by adding at the end the following new paragraph:
``(4) The term `establishment date' means September 19,
2017.''.
(b) Exception to Paperwork Reduction Act.--Section 555(e) of that
Act (130 Stat. 2134) is amended by adding at the end the following new
paragraph:
``(4) Paperwork reduction act.--For purposes of developing
its recommendations, the information collection of the
Commission may be treated as a pilot project under section
3505(a) of title 44, United States Code. In addition, the
Commission shall not be subject to the requirements of section
3506(c)(2)(A) of such title.''.
SEC. 595 <> . PUBLIC AVAILABILITY OF TOP-
LINE NUMBERS OF DEPLOYED MEMBERS OF THE
ARMED FORCES.
(a) In General.--Except as provided in subsection (b), the Secretary
of Defense shall make publicly available, on a quarterly basis, on a
website of the Department the top-line numbers of members of the Armed
Forces deployed for each country as of the date of the submittal of the
report and the total number of members of the Armed Forces so deployed
during the quarter covered by the report.
(b) Waiver.--
[[Page 1790]]
(1) In general.--The Secretary may waive the requirement
under subsection (a) in the case of a sensitive military
operation if--
(A) the Secretary determines the public disclosure
of the number of deployed members of the Armed Forces
could reasonably be expected to provide an operational
military advantage to an adversary; or
(B) members of the Armed Forces are deployed for a
period that does not exceed 30 days.
(2) Notice.-- If the Secretary issues a waiver under this
subsection, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
(A) a notice of the waiver; and
(B) the reasons for the determination to issue the
waiver.
(c) Sensitive Military Operation Defined.--The term ``sensitive
military operation'' has the meaning given that term in section 130f(d)
of title 10, United States Code.
SEC. 596. REPORT ON GENERAL AND FLAG OFFICER COSTS.
(a) Report Required.--Not later than nine months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on general and flag officer
costs.
(b) Elements.--The report required under subsection (a) shall
include cost estimates for direct and indirect costs associated with
general and flag officers generally and for specific positions in
accordance with the recommendations of the report of the Office of the
Secretary of Defense, Office of Cost Assessment and Program Evaluation
titled ``Defining General and Flag Officer Costs'' dated December 2017,
including--
(1) direct compensation for all general and flag officers
and for specific general and flag officer positions, using the
full cost of manpower model to estimate where possible;
(2) personal money allowances for positions that receive an
allowance;
(3) deferred compensation and health care costs for all
general and flag officers and for specific general and flag
officer positions;
(4) costs associated with providing security details for
specific general and flag officer positions that merit
continuous security;
(5) costs associated with Government and commercial travel
for general and flag officers who qualify for tier one or two
travel, including commercial travel costs using defense travel
system data;
(6) general flag officer per diems for specific positions,
based on average travel per diem costs;
(7) costs for enlisted and officer aide housing for general
and flag officers generally and for specific general and flag
officer positions, including basic housing assistance costs for
staff;
(8) on a case-by-case basis, costs associated with enlisted
and officer aide travel, taking into consideration the cost of
data collection;
(9) costs associated with additional support staff for
general and flag officers and their travel, equipment, and per
diem
[[Page 1791]]
costs for all general and flag officers and specific general and
flag officer positions based on the average numbers per general
or flag officer and estimations using the full cost of manpower
model;
(10) costs associated with the upkeep and maintenance of
official residences not captured by basic housing assistance;
and
(11) costs associated with training for general and flag
officers generally and specific general and flag officer
positions using estimations from the full cost of manpower
model.
SEC. 597. STUDY ON ACTIVE SERVICE OBLIGATIONS FOR MEDICAL TRAINING
WITH OTHER SERVICE OBLIGATIONS FOR
EDUCATION OR TRAINING AND HEALTH
PROFESSIONAL RECRUITING.
(a) Review.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a briefing and report on the effects of consecutive
service on active duty service obligations for medical training as they
relate to other service obligations for education or training.
(b) Matters Included.--The briefing and report under subsection (a)
shall include the following:
(1) The extent to which consecutive active duty service
obligations for medical education and training may affect
recruiting and retention of health professionals in the military
health system.
(2) The extent to which the military departments and the
Department of Defense use incentive pay authority to recruit and
retain health professionals.
(3) The extent to which the military departments and the
Department of Defense consider geographic location and
competition in the civilian health professional marketplace when
developing incentive pay and competitive salaries.
(4) A comparison of salaries for--
(A) military physicians and dentists with critical
medical and dental skills; and
(B) civilian physicians and dentists with comparable
skills.
(5) The extent to which consecutive service obligations may
result in unintended consequences relating to--
(A) general medical officers;
(B) residency training;
(C) enrollment at the Uniformed Services University;
and
(D) other matters related to consecutive service
obligations on medical training.
(6) Any other matter the Comptroller General determines is
appropriate.
SEC. 598 <> . CRITERIA FOR INTERMENT AT
ARLINGTON NATIONAL CEMETERY.
(a) Criteria.--The Secretary of the Army, in consultation with the
Secretary of Defense, shall prescribe revised criteria for interment at
Arlington National Cemetery that preserve Arlington National Cemetery as
an active burial ground ``well into the future,'' as that term is used
in the report submitted by the Secretary
[[Page 1792]]
of the Army to the Committees on Veterans' Affairs and the Committees on
Armed Services of the House of Representatives and the Senate, dated
February 14, 2017, and titled ``The Future of Arlington National
Cemetery: Report on the Cemetery's Interment and Inurnment Capacity
2017''.
(b) Deadline.--The Secretary of the Army shall establish the
criteria under subsection (a) not later than September 30, 2019.
SEC. 599. LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF REPORT
ON ARMY MARKETING AND ADVERTISING PROGRAM.
(a) Report Required.--
(1) In general.--The Secretary of the Army shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the recommendations contained in the
audit conducted by the Army Audit Agency of the Army's Marketing
and Advertising Program concerning contract oversight and return
on investment.
(2) Contents.--The report required by paragraph (1) shall
address each of the following:
(A) The mitigation and oversight measures
implemented to assure improved program return and
contract management including the establishment of
specific goals to measure long-term effects of
investments in marketing efforts.
(B) The establishment of a review process to
regularly evaluate the effectiveness and efficiency of
marketing efforts including efforts to better support
the accessions missions of the Army.
(C) The increase of acquisition and marketing
experience within the Army Marketing and Research Group
(hereafter in this section referred to as the ``AMRG'').
(D) A workforce analysis of the AMRG in cooperation
with the Office of Personnel Management and industry
experts assessing the AMRG organizational structure,
staffing, and training, including an assessment of the
workplace climate and culture internal to the AMRG.
(E) The establishment of an Army Marketing and
Advisory Board comprised of senior Army and marketing
and advertising leaders and an assessment of industry
and service marketing and advertising best practices,
including a plan to incorporate relevant practices.
(F) The status of the implementation of contracting
practices recommended by the Army Audit Agency's audit
of contracting oversight of the AMRG contained in Audit
Report A-2018-0033-MTH.
(b) Limitation on Use of Funds.--Not more than 60 percent of the
amounts authorized to be appropriated or otherwise made available in
this Act for the AMRG for fiscal year 2019 for advertising and marketing
activities may be obligated or expended until the Secretary of the Army
submits the report required by subsection (a).
(c) Comptroller General Review.--Not later than 90 days after the
date of the submittal of the report required by subsection (a), the
Comptroller General of the United States shall conduct a review of the
results and implementation of the recommendations of the Army Audit
Agency Audits of the AMRG on contract oversight
[[Page 1793]]
and return on investment. Such review shall include an assessment of the
effects of the implementation of the recommendations on the AMRG
leadership, workforce and business practices, and return on investment.
SEC. 600. PROOF OF PERIOD OF MILITARY SERVICE FOR PURPOSES OF
INTEREST RATE LIMITATION UNDER THE
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C.
3937(b)(1)) is amended to read as follows:
``(1) Proof of military service.--
``(A) In general.--Not later than 180 days after the
date of a servicemember's termination or release from
military service, in order for an obligation or
liability of the servicemember to be subject to the
interest rate limitation in subsection (a), the
servicemember shall provide to the creditor written
notice and a copy of--
``(i) the military orders calling the
servicemember to military service and any orders
further extending military service; or
``(ii) any other appropriate indicator of
military service, including a certified letter
from a commanding officer.
``(B) Independent verification by creditor.--
``(i) In general.--A creditor may use, in lieu
of notice and documentation under subparagraph
(A), information retrieved from the Defense
Manpower Data Center through the creditor's normal
business reviews of such Center for purposes of
obtaining information indicating that the
servicemember is on active duty.
``(ii) Safe harbor.--A creditor that uses the
information retrieved from the Defense Manpower
Data Center under clause (i) with respect to a
servicemember has not failed to treat the debt of
the servicemember in accordance with subsection
(a) if--
``(I) such information indicates
that, on the date the creditor retrieves
such information, the servicemember is
not on active duty; and
``(II) the creditor has not, by the
end of the 180-day period under
subparagraph (A), received the written
notice and documentation required under
that subparagraph with respect to the
servicemember.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances
to Navy officers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment
allowance for lengthy or numerous deployments and frequent
mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or civilian travel.
Sec. 604. Extension of parking expenses allowance to civilian employees
at recruiting facilities.
[[Page 1794]]
Sec. 605. Eligibility of reserve component members for nonreduction in
pay while serving in the uniformed services or National
Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C--Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation
privileges to certain veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of
special survivor indemnity allowance cost of living
adjustments.
Sec. 623. Authority to award damaged personal protective equipment to
members separating from the Armed Forces and veterans as
mementos of military service.
Sec. 624. Space-available travel on Department of Defense aircraft for
veterans with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers'
Group Life Insurance for members deployed to combat theaters
of operation.
Sec. 626. Access to military installations for certain surviving spouses
and other next of kin of members of the Armed Forces who die
while on active duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale
system.
Subtitle A--Pay and Allowances
SEC. 601. REPEAL OF AUTHORITY FOR PAYMENT OF PERSONAL MONEY
ALLOWANCES TO NAVY OFFICERS SERVING IN
CERTAIN POSITIONS.
(a) Repeal.--Section 414 of title 37, United States Code, is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(b) <> Effective Date.--The amendments made
by subsection (a) shall take effect on December 31, 2018, and shall
apply with respect to personal money allowances payable under section
414 of title 37, United States Code, for years beginning after that
date.
SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGH-
DEPLOYMENT ALLOWANCE FOR LENGTHY OR
NUMEROUS DEPLOYMENTS AND FREQUENT
MOBILIZATIONS.
Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended
by inserting ``section 12304b of title 10 or'' after ``under'' the first
place it appears.
SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS BASED ON
THE DURATION OF TEMPORARY DUTY ASSIGNMENT
OR CIVILIAN TRAVEL.
(a) Members.--Section 474(d)(3) of title 37, United States Code, is
amended by adding at the end the following new sentence: ``The Secretary
of a military department shall not alter the amount of the per diem
allowance, or the maximum amount of reimbursement, for a locality based
on the duration of the temporary duty assignment in the locality of a
member of the armed forces under the jurisdiction of the Secretary.''.
(b) Civilian Employees.--Section 5702(a)(2) of title 5, United
States Code, is amended by adding at the end the following new sentence:
``The Secretary of Defense shall not alter the amount
[[Page 1795]]
of the per diem allowance, or the maximum amount of reimbursement, for a
locality based on the duration of the travel in the locality of an
employee of the Department.''.
(c) Repeals.--
(1) <> Existing policy and
regulations.--The policy, and any regulations issued pursuant to
such policy, implemented by the Secretary of Defense on November
1, 2014, with respect to reductions in per diem allowances based
on duration of temporary duty assignment or civilian travel
shall have no force or effect.
(2) Attempted statutory fix.--Section 672 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed.
SEC. 604. EXTENSION OF PARKING EXPENSES ALLOWANCE TO CIVILIAN
EMPLOYEES AT RECRUITING FACILITIES.
Section 481i(b)(1) of title 37, United States Code, is amended by
striking ``as a recruiter for any'' and inserting ``at a recruiting
facility''.
SEC. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
NONREDUCTION IN PAY WHILE SERVING IN THE
UNIFORMED SERVICES OR NATIONAL GUARD.
Section 5538(a) of title 5, United States Code, is amended in the
matter preceding paragraph (1) by inserting ``section 12304b of title 10
or'' after ``under''.
SEC. 606 <> . MILITARY HOUSING
PRIVATIZATION INITIATIVE.
(a) Payment Authority.--Each month beginning on the first month
after the date of the enactment of this Act, the Secretary shall pay a
lessor of covered housing 5 percent of the amount calculated under
section 403(b)(3)(A)(i) of title 37, United States Code, for the area in
which the covered housing exists. Any such payment shall be in addition
to any other payment made by the Secretary to that lessor.
(b) Plan for MHPI Housing.--Not later than December 1, 2018, the
Secretary shall submit to the congressional defense committees a long-
range plan to develop measures to consistently address the future
sustainment, recapitalization, and financial condition of MHPI housing.
The plan shall include--
(1) efforts to mitigate the losses incurred by MHPI housing
projects because of the reductions to BAH under section 603 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 37 U.S.C. 403(b)(3)(B)); and
(2) a full assessment of the effects of such reductions (in
relation to calculations of market rates for rent and utilities)
on the financial condition of MHPI housing.
(c) Reporting.--The Secretary shall direct the Assistant Secretary
of Defense for Energy, Installations, and Environment to take the
following steps regarding reports under section 2884(c) of title 10,
United States Code:
(1) Provide additional contextual information on MHPI
housing to identify any differences in the calculation of debt
coverage ratios and any effect of such differences on their
comparability.
(2) Immediately resume issuing such reports on the financial
condition of MHPI housing.
[[Page 1796]]
(3) Revise Department of Defense guidance on MHPI housing--
(A) to ensure that relevant financial data (such as
debt coverage ratios) in such reports are consistent and
comparable in terms of the time periods of the data
collected;
(B) to include a requirement that the secretary of
each military department includes measures of future
sustainment into each assessments of MHPI housing
projects; and
(C) to require the secretary of each military
department to define risk tolerance regarding the future
sustainability of MHPI housing projects.
(4) Report financial information on future sustainment of
each MHPI housing project in such reports.
(5) Provide Department of Defense guidance to the
secretaries of the military departments to--
(A) assess the significance of the specific risks to
individual MHPI housing projects from the reduction in
BAH; and
(B) identify methods to mitigate such risks based on
their significance.
(6) Not later than December 1, 2018, finalize Department of
Defense guidance that clearly defines--
(A) the circumstances in which the military
departments shall provide notification of housing
project changes to the congressional defense committees;
and
(B) which types of such changes require prior
notification to or prior approval from the congressional
defense committees.
(d) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing
under section 403 of title 37, United States Code.
(2) The term ``covered housing'' means a unit of MHPI
housing that is leased to a member of a uniformed service who
resides in such unit.
(3) The term ``MHPI housing'' means housing acquired or
constructed under the alternative authority of subchapter IV of
chapter 169 of title 10, United States Code (known as the
Military Housing Privatization Initiative) on or before
September 30, 2014.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of title
37, United States Code, relating to income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2018'' and inserting ``December 31, 2019''.
(b) Title 10 Authorities Relating to Health Care Professionals.--The
following sections of title 10, United States Code, are amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019'':
[[Page 1797]]
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2018'' and inserting ``December 31, 2019''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2018''
and inserting ``December 31, 2019'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2018'' and inserting
``December 31, 2019''.
SEC. 612. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE PAY.
(a) Report Required.--Not later than March 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report examining the current
processes for awarding imminent danger pay and hostile fire pay to
members of the Armed Forces.
(b) Elements.--This report under this section shall include the
following:
(1) An analysis of difficulties in implementing the current
system.
(2) An explanation of how geographic regions are selected to
be eligible for such pay and the criteria used to define these
regions.
(3) An examination of whether the current geographic model
is the most appropriate way to award such pay, including the
following:
(A) A discussion of whether the current model most
accurately reflects the realities of modern warfare and
is responsive enough to the needs of members.
[[Page 1798]]
(B) Whether the Secretary believes it would be
appropriate to tie such pay to specific authorizations
for deployments (including deployments of special
operations forces) in addition to geographic criteria.
(C) A description of any change the Secretary would
consider to update such pay to reflect the current
operational environment.
(D) How the Secretary would implement each change
under subparagraph (C).
(E) Recommendations of the Secretary for related
regulations or legislative action.
Subtitle C--Other Matters
SEC. 621 <> . EXTENSION OF CERTAIN
MORALE, WELFARE, AND RECREATION PRIVILEGES
TO CERTAIN VETERANS AND THEIR CAREGIVERS.
(a) <> Short Title.--This section may be
cited as the ``Purple Heart and Disabled Veterans Equal Access Act of
2018''.
(b) Commissary Stores and MWR Facilities Privileges for Certain
Veterans and Veteran Caregivers.--
(1) Extension of privileges.--Chapter 54 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 1065 <> . Use of commissary stores and
MWR facilities: certain veterans and caregivers
for veterans
``(a) Eligibility of Veterans Awarded the Purple Heart.--A veteran
who was awarded the Purple Heart shall be permitted to use commissary
stores and MWR facilities on the same basis as a member of the armed
forces entitled to retired or retainer pay.
``(b) Eligibility of Veterans Who Are Medal of Honor Recipients.--A
veteran who is a Medal of Honor recipient shall be permitted to use
commissary stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(c) Eligibility of Veterans Who Are Former Prisoners of War.--A
veteran who is a former prisoner of war shall be permitted to use
commissary stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(d) Eligibility of Veterans With Service-Connected Disabilities.--
A veteran with a service-connected disability shall be permitted to use
commissary stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(e) Eligibility of Caregivers for Veterans.--A caregiver or family
caregiver shall be permitted to use commissary stores and MWR facilities
on the same basis as a member of the armed forces entitled to retired or
retainer pay.
``(f) User Fee Authority.--(1) The Secretary of Defense shall
prescribe regulations that impose a user fee on individuals who are
eligible solely under this section to purchase merchandise at a
commissary store or MWR retail facility.
[[Page 1799]]
``(2) The Secretary shall set the user fee under this subsection at
a rate that the Secretary determines will offset any increase in
expenses arising from this section borne by the Department of the
Treasury on behalf of commissary stores associated with the use of
credit or debit cards for customer purchases, including expenses related
to card network use and related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant to a user
fee under this subsection in the General Fund of the Treasury.
``(4) Any fee under this subsection is in addition to the uniform
surcharge under section 2484(d) of this title.
``(g) Definitions.--In this section:
``(1) The term `MWR facilities' includes--
``(A) MWR retail facilities, as that term is defined
in section 1063(e) of this title; and
``(B) military lodging operated by the Department of
Defense for the morale, welfare, and recreation of
members of the armed forces.
``(2) The term `Medal of Honor recipient' has the meaning
given that term in section 1074h(c) of this title.
``(3) The terms `veteran', `former prisoner of war', and
`service-connected' have the meanings given those terms in
section 101 of title 38.
``(4) The terms `caregiver' and `family caregiver' have the
meanings given those terms in section in section 1720G(d) of
title 38.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 54 of title 10, United States
Code <> , is amended by adding at the
end the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans
and caregivers for veterans.''.
(3) <> Effective date.--Section
1065 of title 10, United States Code, as added by paragraph (1),
shall take effect on January 1, 2020.
(4) Briefing required.--Not later than October 1, 2019, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on the plan of the Secretary to implement section 1065 of title
10, United States Code, as added by paragraph (1).
SEC. 622. TECHNICAL CORRECTIONS IN CALCULATION AND PUBLICATION OF
SPECIAL SURVIVOR INDEMNITY ALLOWANCE COST
OF LIVING ADJUSTMENTS.
(a) Months for Which Adjustment Applicable.--Paragraph (2) of
section 1450(m) of title 10, United States Code, is amended--
(1) in subparagraph (I), by striking ``December'' and
inserting ``November''; and
(2) in subparagraph (J), by striking ``for months during any
calendar year after 2018'' and inserting ``for months after
November 2018''.
(b) Cost of Living Adjustment.--Paragraph (6) of such section is
amended--
(1) in the paragraph heading, by striking ``after 2018'' and
inserting ``after november 2018''; and
[[Page 1800]]
(2) by striking subparagraphs (A) and (B) and inserting the
following new subparagraphs:
``(A) In general.--Whenever retired pay is increased
for a month under section 1401a of this title (or any
other provision of law), the amount of the allowance
payable under paragraph (1) for that month shall also be
increased.
``(B) Amount of increase.--With respect to an
eligible survivor of a member of the uniformed services,
the increase for a month shall be--
``(i) the amount payable pursuant to paragraph
(2) for months during the preceding 12-month
period; plus
``(ii) an amount equal to a percentage of the
amount determined pursuant to clause (i), which
percentage is the percentage by which the retired
pay of the member would have increased for the
month, as described in subparagraph (A), if the
member was alive (and otherwise entitled to such
pay).
``(C) Rounding down.--The monthly amount of an
allowance payable under this subsection, if not a
multiple of $1, shall be rounded to the next lower
multiple of $1.
``(D) Public notice on amount of allowance
payable.--Whenever an increase in the amount of the
allowance payable under paragraph (1) is made pursuant
to this paragraph, the Secretary of Defense shall
publish the amount of the allowance so payable by reason
of such increase, including the months for which
payable.''.
(c) <> Effective Date.--The amendments
made by this section shall take effect on December 1, 2018.
SEC. 623. AUTHORITY TO AWARD DAMAGED PERSONAL PROTECTIVE EQUIPMENT
TO MEMBERS SEPARATING FROM THE ARMED
FORCES AND VETERANS AS MEMENTOS OF
MILITARY SERVICE.
(a) In General.--Chapter 152 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2568a <> . Damaged personal protective
equipment: award to members separating from
the Armed Forces and veterans
``(a) In General.--The Secretary of a military department, acting
through a disposition service distribution center of the Defense
Logistics Agency, may award to a covered individual the demilitarized
PPE of that covered individual. The award of PPE under this section
shall be without cost to the covered individual.
``(b) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a member of the armed forces--
``(i) under the jurisdiction of the Secretary
concerned; and
``(ii) who is separating from the armed
forces; or
``(B) a veteran who was under the jurisdiction of
the Secretary concerned while a member of the armed
forces.
``(2) The term `PPE' means personal protective equipment
that was damaged in combat or otherwise--
``(A) during the deployment of a covered individual;
and
[[Page 1801]]
``(B) after September 11, 2001.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 152 of such title <> is amended by
adding at the end the following new item:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
SEC. 624. SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT
FOR VETERANS WITH SERVICE-CONNECTED
DISABILITIES RATED AS TOTAL.
(a) In General.--Subsection (c) of section 2641b of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.''.
(b) Conditions and Limitations.--Such section is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Veterans With Service-connected Disabilities Rated as Total.--
(1) Travel may not be provided under this section to a veteran eligible
for travel pursuant to subsection (c)(4) in priority over any member
eligible for travel under subsection (c)(1) or any dependent of such a
member eligible for travel under this section.
``(2) The authority in subsection (c)(4) may not be construed as
affecting or in any way imposing on the Department of Defense, any armed
force, or any commercial company with which they contract an obligation
or expectation that they will retrofit or alter, in any way, military
aircraft or commercial aircraft, or related equipment or facilities,
used or leased by the Department or such armed force to accommodate
passengers provided travel under such authority on account of
disability.
``(3) The authority in subsection (c)(4) may not be construed as
preempting the authority of a flight commander to determine who boards
the aircraft and any other matters in connection with safe operation of
the aircraft.''.
SEC. 625. MANDATORY INCREASE IN INSURANCE COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE FOR
MEMBERS DEPLOYED TO COMBAT THEATERS OF
OPERATION.
Section 1967(a)(3) of title 38, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B) and
(C)'' and inserting ``subparagraphs (B), (C), and (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) In the case of a member who elects under paragraph
(2)(A) not to be insured under this section, or who elects under
subparagraph (B) to be insured for an amount less than the
maximum amount provided under subparagraph (A), and who is
deployed to a combat theater of operations the member--
``(i) shall be insured under this subchapter for the
maximum amount provided under subparagraph (A) for the
period of such deployment; and
``(ii) upon the end of such deployment--
[[Page 1802]]
``(I) shall be insured in the amount elected
by the member under subparagraph (B); or
``(II) shall not be insured, if so elected
under paragraph (2)(A).''.
SEC. 626 <> . ACCESS TO MILITARY
INSTALLATIONS FOR CERTAIN SURVIVING
SPOUSES AND OTHER NEXT OF KIN OF MEMBERS
OF THE ARMED FORCES WHO DIE WHILE ON
ACTIVE DUTY OR CERTAIN RESERVE DUTY.
(a) Procedures for Access of Surviving Spouses Required.--The
Secretary of Defense, acting jointly with the Secretary of Homeland
Security, shall establish procedures by which an eligible surviving
spouse may obtain unescorted access, as appropriate, to military
installations in order to receive benefits to which the eligible
surviving spouse may be entitled by law or policy.
(b) Procedures for Access of Next of Kin Authorized.--
(1) In general.--The Secretary of Defense, acting jointly
with the Secretary of Homeland Security, may establish
procedures by which the next of kin of a covered member of the
Armed Forces, in addition to an eligible surviving spouse, may
obtain access to military installations for such purposes and
under such conditions as the Secretaries jointly consider
appropriate.
(2) Next of kin.--If the Secretaries establish procedures
pursuant to paragraph (1), the Secretaries shall jointly specify
the individuals who shall constitute next of kin for purposes of
such procedures.
(c) Considerations.--Any procedures established under this section
shall--
(1) be applied consistently across the Department of Defense
and the Department of Homeland Security, including all
components of the Departments;
(2) minimize any administrative burden on a surviving spouse
or dependent child, including through the elimination of any
requirement for a surviving spouse to apply as a personal agent
for continued access to military installations in accompaniment
of a dependent child;
(3) take into account measures required to ensure the
security of military installations, including purpose and
eligibility for access and renewal periodicity; and
(4) take into account such other factors as the Secretary of
Defense or the Secretary of Homeland Security considers
appropriate.
(d) Deadline.--The procedures required by subsection (a) shall be
established by the date that is not later than one year after the date
of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``eligible surviving spouse'' means an
individual who is a surviving spouse of a covered member of the
Armed Forces, without regard to whether the individual remarries
after the death of the covered member of the Armed Forces.
(2) The term ``covered member of the Armed Forces'' means a
member of the Armed Forces who dies while serving--
(A) on active duty; or
[[Page 1803]]
(B) on such reserve duty as the Secretary of Defense
and the Secretary of Homeland Security may jointly
specify for purposes of this section.
SEC. 627. STUDY AND REPORT ON DEVELOPMENT OF A SINGLE DEFENSE
RESALE SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the feasibility of consolidating the military resale entities
into a single defense resale system. Such study shall include the
following:
(1) A financial assessment of consolidation of the military
resale entities.
(2) A business case analysis of consolidation of the
military resale entities.
(3) Organizational, operational, and business model
integration plans for consolidation of the military resale
entities.
(4) Determinations of which back-office processes and
systems associated with finance and payment processing
technologies the Secretary could convert to common technologies.
(b) Report.--Not later than January 1, 2019, the Secretary shall
submit a report to the congressional defense committees regarding the
study under subsection (a). That report shall contain the following:
(1) Details of the internal and external organizational
structures of a consolidated defense resale system.
(2) Recommendations of the Secretaries of each of the
military departments regarding the plan to consolidate the
military resale entities.
(3) The costs and associated plan for the merger of
technologies or implementation of new technology from a third-
party provider to standardize financial management and
accounting processes of a consolidated defense resale system.
(4) Best practices to maximize reductions in costs
associated with back-office retail payment processing for a
consolidated defense resale system.
(5) A timeline for converting the Defense Commissary Agency
into a non-appropriated fund instrumentality under section
2484(j) of title 10, United States Code.
(6) A determination whether the business case analysis
supports consolidation of the military resale entities.
(7) Recommendations of the Secretary for legislation related
to consolidation of the military resale entities.
(8) Other elements the Secretary determines are necessary
for a successful evaluation of a consolidation of the military
resale entities.
(c) Prohibition on Use of Funds.--None of the amounts authorized to
be appropriated or otherwise made available in this Act may be obligated
or expended for the purpose of implementing consolidation of the
military resale entities until October 1, 2019.
(d) Military Resale Entities Defined.--In this section the term
``military resale entities'' means--
(1) the Defense Commissary Agency;
(2) the Army and Air Force Exchange Service;
(3) the Navy Exchange; and
(4) the Marine Corps Exchange.
[[Page 1804]]
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of
members after redeployment from a contingency operation upon
discharge or release from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual
trauma.
Subtitle B--Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to
support the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal
Employees Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring
programs.
Sec. 716. Pilot program on opioid management in the military health
system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within
the Department of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of
combat-wounded members of the Armed Forces.
Subtitle C--Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 732. Joint forces medical capabilities development and
standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of
members of the Armed Forces and related research efforts.
Sec. 734. Report on requirement for certain former members of the Armed
Forces to enroll in Medicare Part B to be eligible for
TRICARE for Life.
Sec. 735. Pilot program on earning by special operations forces medics
of credit toward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense
Health Agency oversight of transition between managed care
support contractors for the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care
options for veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M.
Jackson Foundation for the Advancement of Military Medicine.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CESSATION OF REQUIREMENT FOR MENTAL HEALTH ASSESSMENT OF
MEMBERS AFTER REDEPLOYMENT FROM A
CONTINGENCY OPERATION UPON DISCHARGE OR
RELEASE FROM THE ARMED FORCES.
Section 1074m of title 10, United States Code, is amended--
(1) in subsection (a)(1)(C), by striking ``Once'' and
inserting ``Subject to subsection (d), once''; and
(2) in subsection (d), by striking ``subsection (a)(1)(D)''
and inserting ``subparagraph (C) or (D) of subsection (a)(1)''.
SEC. 702 <> . PILOT PROGRAM ON TREATMENT
OF MEMBERS OF THE ARMED FORCES FOR POST-
TRAUMATIC STRESS DISORDER RELATED TO
MILITARY SEXUAL TRAUMA.
(a) In General.--The Secretary of Defense may carry out a pilot
program to assess the feasibility and advisability of using
[[Page 1805]]
intensive outpatient programs to treat members of the Armed Forces
suffering from post-traumatic stress disorder resulting from military
sexual trauma, including treatment for substance abuse, depression, and
other issues related to such conditions.
(b) Discharge Through Partnerships.--The pilot program authorized by
subsection (a) shall be carried out through partnerships with public,
private, and non-profit health care organizations, universities, and
institutions that--
(1) provide health care to members of the Armed Forces;
(2) provide evidence-based treatment for psychological and
neurological conditions that are common among members of the
Armed Forces, including post-traumatic stress disorder,
traumatic brain injury, substance abuse, and depression;
(3) provide health care, support, and other benefits to
family members of members of the Armed Forces; and
(4) provide health care under the TRICARE program (as that
term is defined in section 1072 of title 10, United States
Code).
(c) Program Activities.--Each organization or institution that
participates in a partnership under the pilot program authorized by
subsection (a) shall--
(1) carry out intensive outpatient programs of short
duration to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual
trauma, including treatment for substance abuse, depression, and
other issues related to such conditions;
(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
(3) share clinical and outreach best practices with other
organizations and institutions participating in the pilot
program; and
(4) annually assess outcomes for members of the Armed Forces
individually and among the organizations and institutions
participating in the pilot program with respect to the treatment
of conditions described in paragraph (1).
(d) Evaluation Metrics.--Before commencement of the pilot program,
the Secretary shall establish metrics to be used to evaluate the
effectiveness of the pilot program and the activities under the pilot
program.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program authorized by
subsection (a). The report shall include a description of the
pilot program and such other matters on the pilot program as the
Secretary considers appropriate.
(2) Final report.--Not later than 180 days after the
cessation of the pilot program under subsection (f), the
Secretary shall submit to the committees of Congress referred to
in paragraph (1) a report on the pilot program. The report shall
include the following:
(A) A description of the pilot program, including
the partnerships under the pilot program as described in
subsection (b).
(B) An assessment of the effectiveness of the pilot
program and the activities under the pilot program.
[[Page 1806]]
(C) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot program, including
recommendations for extension or making permanent the
authority for the pilot program.
(f) Termination.--The Secretary may not carry out the pilot program
authorized by subsection (a) after the date that is three years after
the date of the enactment of this Act.
Subtitle B--Health Care Administration
SEC. 711. IMPROVEMENT OF ADMINISTRATION OF THE DEFENSE HEALTH
AGENCY AND MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Administration of Facilities by Director of Defense Health
Agency.--
(1) In general.--Subsection (a) of section 1073c of title
10, United States Code, is amended--
(A) in paragraph (1), by striking ``Beginning
October 1, 2018,'' and inserting ``In accordance with
paragraph (4), by not later than September 30, 2021,'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (5), respectively;
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) In addition to the responsibilities set forth in paragraph
(1), the Director of the Defense Health Agency shall, commencing when
the Director begins to exercise responsibilities under that paragraph,
have the authority--
``(A) to direct, control, and serve as the primary rater of
the performance of commanders or directors of military medical
treatment facilities;
``(B) to direct and control any intermediary organizations
between the Defense Health Agency and military medical treatment
facilities;
``(C) to determine the scope of medical care provided at
each military medical treatment facility to meet the military
personnel readiness requirements of the senior military
operational commander of the military installation;
``(D) to determine total workforce requirements at each
military medical treatment facility;
``(E) to direct joint manning at military medical treatment
facilities and intermediary organizations;
``(F) to address personnel staffing shortages at military
medical treatment facilities; and
``(G) to select among service nominations for commanders or
directors of military medical treatment facilities.'';
(D) by inserting after paragraph (3), as
redesignated by subparagraph (B), the following new
paragraph (4):
``(4) The Secretary of Defense shall establish a timeline to ensure
that each Secretary of a military department transitions the
administration of military medical treatment facilities from such
Secretary to the Director of the Defense Health Agency pursuant to
paragraph (1) by the date specified in such paragraph.''; and
[[Page 1807]]
(E) in paragraph (5), as so redesignated, by
striking ``subsection (a)'' and inserting ``paragraphs
(1) and (2)''.
(2) Combat support responsibilities.--Subsection (d)(2) of
such section is amended by adding at the end the following new
subparagraph:
``(C) Ensuring that the Defense Health Agency meets the
military medical readiness requirements of the senior military
operational commanders of the military installations.''.
(3) <> Limitation on closures and
downsizings in connection with transition of administration.--In
carrying out the transition of responsibility for the
administration of military medical treatment facilities pursuant
to subsection (a) of section 1073c of title 10, United States
Code (as amended by paragraph (1)), and in addition to any other
applicable requirements under section 1073d of that title, the
Secretary of Defense may not close any military medical
treatment facility, or downsize any medical center, hospital, or
ambulatory care center (as specified in section 1073d of that
title), that addresses the medical needs of beneficiaries and
the community in the vicinity of such facility, center,
hospital, or care center until the Secretary submits to the
congressional defense committees a report setting forth the
following:
(A) A description of the methodology and criteria to
be used by the Secretary to make decisions to close any
military medical treatment facility, or to downsize any
medical center, hospital, or ambulatory care center, in
connection with the transition, including input from the
military department concerned.
(B) A requirement that no closure of a military
medical treatment facility, or downsizing of a medical
center, hospital, or ambulatory care center, in
connection with the transition will occur until 90 days
after the date on which Secretary submits to the
Committees on Armed Services of the Senate and the House
of Representatives a report on the closure or
downsizing.
(b) Additional Defense Health Agency Organizations.--
(1) In general.--Section 1073c of such title is further
amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e) Additional DHA Organizations.--Not later than September 30,
2022, the Secretary of Defense shall, acting though the Director of the
Defense Health Agency, establish within the Defense Health Agency the
following:
``(1) A subordinate organization, to be called the Defense
Health Agency Research and Development--
``(A) led, at the election of the Director, by a
director or commander (to be called the Director or
Commander of Defense Health Agency Research and
Development);
``(B) comprised of the Army Medical Research and
Materiel Command and such other medical research
organizations and activities of the armed forces as the
Secretary considers appropriate; and
[[Page 1808]]
``(C) responsible for coordinating funding for
Defense Health Program Research, Development, Test, and
Evaluation, the Congressionally Directed Medical
Research Program, and related Department of Defense
medical research.
``(2) A subordinate organization, to be called the Defense
Health Agency Public Health--
``(A) led, at the election of the Director, by a
director or commander (to be called the Director or
Commander of Defense Health Agency Public Health); and
``(B) comprised of the Army Public Health Command,
the Navy-Marine Corps Public Health Command, Air Force
public health programs, and any other related defense
health activities that the Secretary considers
appropriate, including overseas laboratories focused on
preventive medicine, environmental health, and similar
matters.''.
(2) Report on feasibility of further additional organization
in dha.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on a study, conducted by the Secretary
for purposes of the report, of the feasibility of establishing
with the Defense Health Agency a subordinate organization, to be
called the Defense Health Agency Education and Training, to be
led by the President of the Uniformed Services University of the
Health Sciences and to be comprised of the current Medical
Education and Training Campus, the Uniformed Services University
of the Health Sciences, the medical education and training
commands of the Armed Forces, and such other elements,
facilities, and commands of the Department of Defense as the
Secretary considers appropriate.
(c) Report on Feasibility of Superseding Organization for DHA.--
(1) Report required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on a study, conducted by the
Secretary for purposes of the report, of the feasibility of
establishing a command, to be called the Defense Health Command,
as a superseding organization to the Defense Health Agency.
(2) Elements.--If the Secretary determines in the report
under paragraph (1) that a command as a superseding organization
to the Defense Health Agency is feasible, the report shall
include the following:
(A) A description of the required responsibilities
of the commander of the command.
(B) A description of any current organizations that
support the Defense Health Agency to be included in the
command.
(C) A description of any authorities required for
the leadership and direction of the command.
(D) Any other matters in the connection with the
establishment, operations, and activities of the command
that the Secretary considers appropriate.
[[Page 1809]]
SEC. 712 <> . ORGANIZATIONAL FRAMEWORK
OF THE MILITARY HEALTHCARE SYSTEM TO
SUPPORT THE MEDICAL REQUIREMENTS OF THE
COMBATANT COMMANDS.
(a) Organizational Framework Required.--
(1) In general.--The Secretary of Defense shall, acting
through the Director of the Defense Health Agency, implement an
organizational framework for the military healthcare system that
most effectively implements chapter 55 of title 10, United
States Code, in a manner that maximizes interoperability and
fully integrates medical capabilities of the Armed Forces in
order to enhance joint military medical operations in support of
requirements of the combatant commands.
(2) Compliance with certain requirements.--The
organizational framework, as implemented, shall comply with all
requirements of section 1073c of title 10, United States Code,
except for the implementation date specified in subsection (a)
of such section.
(b) Defense Health Regions in CONUS.--The organizational framework
required by subsection (a) shall meet the requirements as follows:
(1) Defense health regions.--There shall be not more than
two defense health regions in the continental United States.
(2) Leaders.--Each region under paragraph (1) shall be led
by a commander or director who is a member of the Armed Forces
serving in a grade not higher than major general or rear
admiral, and who--
(A) shall be selected by the Director of the Defense
Health Agency from among members of the Armed Forces
recommended by the Secretaries of the military
departments for service in such position; and
(B) shall be under the authority, direction, and
control of the Director while serving in such position.
(c) Defense Health Regions OCONUS.--The organizational framework
required by subsection (a) shall provide for the establishment of not
more than two defense health regions outside the continental United
States in order--
(1) to enhance joint military medical operations in support
of the requirements of the combatant commands in such region or
regions, with a specific focus on current and future contingency
and operational plans;
(2) to ensure the provision of high-quality healthcare
services to beneficiaries; and
(3) to improve the interoperability of healthcare delivery
systems in the defense health regions (whether under this
subsection, subsection (b), or both).
(d) Planning and Coordination.--
(1) Sustainment of clinical competencies and staffing.--The
Director of the Defense Health Agency shall--
(A) provide in each defense health region under this
section healthcare delivery venues for uniformed medical
and dental personnel to obtain operational clinical
competencies; and
(B) coordinate with the military departments to
ensure that staffing at military medical treatment
facilities in each region supports readiness
requirements for members of the Armed Forces and
military medical personnel.
[[Page 1810]]
(2) Oversight and allocation of resources.--
(A) In general.--The Director shall, consistent with
section 193 of title 10, United States Code, coordinate
with the Chairman of the Joint Chiefs of Staff, through
the Joint Staff Surgeon, to conduct oversight and direct
resources to support requirements related to readiness
and operational medicine support that are validated by
the Joint Staff.
(B) Supply and demand for medical services.--Based
on operational medical force readiness requirements of
the combatant commands validated by the Joint Staff, the
Director shall--
(i) validate supply and demand requirements
for medical and dental services at each military
medical treatment facility;
(ii) in coordination with the Surgeons General
of the Armed Forces, provide currency workload for
uniformed medical and dental personnel at each
such facility to maintain skills proficiency; and
(iii) if workload is insufficient to meet
requirements, identify alternative training and
clinical practice sites for uniformed medical and
dental personnel, and establish military-civilian
training partnerships, to provide such workload.
(e) Additional Duties of Surgeons General of the Armed Forces.--
(1) In general.--The Surgeons General of the Armed Forces
shall have the duties as follows:
(A) To assign uniformed medical and dental personnel
of the military department concerned to military medical
treatment facilities for training activities specific to
such military department and for operational and
training missions, during which assignment such
personnel shall be under the operational control of the
commander or director of the military medical treatment
facility concerned, subject to the authority, direction,
and control of the Director of the Defense Health
Agency.
(B) To ensure the readiness for operational
deployment of medical and dental personnel and
deployable medical or dental teams or units of the Armed
Force or Armed Forces concerned.
(C) To provide logistical support for operational
deployment of medical and dental personnel and
deployable medical or dental teams or units of the Armed
Force or Armed Forces concerned.
(D) To oversee mobilization and demobilization in
connection with the operational deployment of medical
and dental personnel of the Armed Force or Armed Forces
concerned.
(E) To carry out operational medical and dental
force development for the military department concerned.
(F) In coordination with the Secretary concerned, to
ensure that the operational medical force readiness
organizations of the Armed Forces support the medical
and dental readiness responsibilities of the Director.
[[Page 1811]]
(G) To develop operational medical capabilities
required to support the warfighter, and to develop
policy relating to such capabilities.
(H) To provide health professionals to serve in
leadership positions across the military healthcare
system.
(2) Medical force requirements of the combatant commands.--
The Surgeon General of each Armed Force shall, on behalf of the
Secretary concerned, ensure that the uniformed medical and
dental personnel serving in such Armed Force receive training
and clinical practice opportunities necessary to ensure that
such personnel are capable of meeting the operational medical
force requirements of the combatant commands applicable to such
personnel. Such training and practice opportunities shall be
provided through programs and activities of the Defense Health
Agency and by such other mechanisms as the Secretary of Defense
shall designate for purposes of this paragraph.
(3) Construction of duties.--The duties of a Surgeon General
of the Armed Forces under this subsection are in addition to the
duties of such Surgeon General under section 3036, 5137, or 8036
of title 10, United States Code, as applicable.
(f) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that sets forth the following:
(1) A description of the organizational structure of the
office of each Surgeon General of the Armed Forces, and of any
subordinate organizations of the Armed Forces that will support
the functions and responsibilities of a Surgeon General of the
Armed Forces.
(2) The manning documents for staffing in support of the
organizational structures described pursuant to paragraph (1),
including manning levels before and after such organizational
structures are implemented.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in connection with
the implementation of such organizational structures and, in
particular, to avoid duplication of functions and tasks between
the organizations in such organizational structures and the
Defense Health Agency.
SEC. 713. ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH THE
FEDERAL EMPLOYEES DENTAL AND VISION
INSURANCE PROGRAM.
(a) Eligibility of Additional Beneficiaries Under Federal Employees
Dental and Vision Insurance Program.--Section 8951(8) of title 5, United
States Code, is amended by striking ``1076c'' and inserting ``1076a or
1076c''.
(b) Administration of TRICARE Dental Plans.--Subsection (b) of
section 1076a of title 10, United States Code, is amended to read as
follows:
``(b) Administration of Plans.--The plans established under this
section shall be administered by the Secretary of Defense through an
agreement with the Director of the Office of Personnel Management to
allow persons described in subsection (a) to enroll in an insurance plan
under chapter 89A of title 5, in accordance
[[Page 1812]]
with terms prescribed by the Secretary, including terms, to the extent
practical, as defined by the Director through regulation, consistent
with subsection (d) and, to the extent practicable in relation to such
chapter 89A, other provisions of this section.''.
(c) <> Applicability.--The amendments made
by this section shall apply with respect to the first contract year for
chapter 89A of title 5, United States Code, that begins on or after
January 1, 2022.
(d) <> Transition.--To ensure a
successful transition pursuant to the amendments made by this section in
the administration of the TRICARE dental plans under section 1076a of
title 10, United States Code, the Secretary of Defense shall ensure that
the contractor for such plans provides claims information under such
plans to carriers providing dental coverage under chapter 89A of title
5, United States Code, after the transition.
(e) Report.--
(1) In general.--Not later than January 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the transition in the administration of the TRICARE dental
insurance plan for retirees from administration by the
Department of Defense as the TRICARE Retiree Dental Plan to
administration by the Office of Personnel Management as part of
the Federal Employees Dental and Vision Insurance Program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of lessons learned from the
transition of the administration of the TRICARE dental
insurance plan for retirees from administration by the
Department as the TRICARE Retiree Dental Plan to
administration by the Office of Personnel Management as
part of the Federal Employees Dental and Vision
Insurance Program.
(B) An assessment of the effectiveness of the
transition.
(C) A timeline for the implementation plan for the
transition of the administration of the TRICARE dental
plans under section 1076a of title 10, United States
Code, to administration as part of the Federal Employees
Dental and Vision Insurance Program pursuant to the
amendments made by this section.
SEC. 714 <> . STREAMLINING OF TRICARE
PRIME BENEFICIARY REFERRAL PROCESS.
(a) In General.--The Secretary of Defense shall streamline the
process under section 1095f of title 10, United States Code, by which
beneficiaries enrolled in TRICARE Prime are referred to the civilian
provider network for inpatient or outpatient care under the TRICARE
program.
(b) Objectives.--In carrying out the requirement in subsection (a),
the Secretary shall meet the following objectives:
(1) The referral process shall model best industry practices
for referrals from primary care managers to specialty care
providers.
(2) The process shall limit administrative requirements for
enrolled beneficiaries.
[[Page 1813]]
(3) Beneficiary preferences for communications relating to
appointment referrals using state-of-the-art information
technology shall be used to expedite the process.
(4) There shall be effective and efficient processes to
determine the availability of appointments at military medical
treatment facilities and, when unavailable, to make prompt
referrals to network providers under the TRICARE program.
(c) Deadline for Implementation.--The requirement in subsection (a)
shall be implemented for referrals under TRICARE Prime in calendar year
2019.
(d) Evaluation and Improvement.--After 2019, the Secretary shall--
(1) evaluate the referral process described in subsection
(a) not less often than annually; and
(2) make appropriate improvements to the process in light of
such evaluations.
(e) Definitions.--In this section, the terms ``TRICARE program'' and
``TRICARE Prime'' have the meaning given such terms in section 1072 of
title 10, United States Code.
SEC. 715. SHARING OF INFORMATION WITH STATE PRESCRIPTION DRUG
MONITORING PROGRAMS.
(a) In General.--Section 1074g of title 10, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Sharing of Information With State Prescription Drug Monitoring
Programs.--(1) The Secretary of Defense shall establish and maintain a
program (to be known as the `Military Health System Prescription Drug
Monitoring Program') in accordance with this subsection. The program
shall include a special emphasis on drugs provided through facilities of
the uniformed services.
``(2) The program shall be--
``(A) comparable to prescription drug monitoring programs
operated by States, including such programs approved by the
Secretary of Health and Human Services under section 399O of the
Public Health Service Act (42 U.S.C. 280g-3); and
``(B) applicable to designated controlled substance
prescriptions under the pharmacy benefits program.
``(3)(A) The Secretary shall establish appropriate procedures for
the bi-directional sharing of patient-specific information regarding
prescriptions for designated controlled substances between the program
and State prescription drug monitoring programs.
``(B) The purpose of sharing of information under this paragraph
shall be to prevent misuse and diversion of opioid medications and other
designated controlled substances.
``(C) Any disclosure of patient-specific information by the
Secretary under this paragraph is an authorized disclosure for purposes
of the health information privacy regulations promulgated under the
Health Insurance Portability and Accountability Act of 1996 (Public Law
104-191).
[[Page 1814]]
``(4)(A) Any procedures developed pursuant to paragraph (3)(A) shall
include appropriate safeguards, as determined by the Secretary,
concerning cyber security of Department of Defense systems and
operational security of Department personnel.
``(B) To the extent the Secretary considers appropriate, the program
may be treated as comparable to a State program for purposes of bi-
directional sharing of controlled substance prescription information.
``(5) For purposes of this subsection, any reference to a program
operated by a State includes any program operated by a county,
municipality, or other subdivision within that State.''.
(b) Conforming Amendment.--Section 1079(q) of such title is amended
by striking ``section 1074g(g)'' and inserting ``section 1074g(h)''.
SEC. 716 <> . PILOT PROGRAM ON OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
(a) Pilot Program.--
(1) In general.--Beginning not later than 180 days after the
date of the enactment of this Act, the Director of the Defense
Health Agency shall implement a comprehensive pilot program to
assess the feasability and advisability of mechanisms to
minimize early exposure of beneficiaries under the TRICARE
program to opioids and to prevent the progression of
beneficiaries to misuse or abuse of opioid medications.
(2) Opioid safety across continuum of care.--The pilot
program shall include elements to maximize opioid safety across
the entire continuum of care consisting of patient, physician or
dentist, and pharmacist.
(b) Elements of Pilot Program.--The pilot program shall include the
following:
(1) Identification of potential misuse or abuse of opioid
medications in pharmacies of military treatment facilities,
retail network pharmacies, and the home delivery pharmacy, and
the transmission of alerts regarding such potential misuse or
abuse of opioids to prescribing physicians and dentists.
(2) Direct engagement with, education for, and management of
beneficiaries under the TRICARE program to help such
beneficiaries avoid misuse or abuse of opioid medications.
(3) Proactive outreach by specialist pharmacists to
beneficiaries under the TRICARE program when identifying
potential misuse or abuse of opioid medications.
(4) Monitoring of beneficiaries under the TRICARE program
through the use of predictive analytics to identify the
potential for opioid abuse and addiction before beneficiaries
begin an opioid prescription.
(5) Detection of fraud, waste, and abuse in connection with
opioids.
(c) Duration.--
(1) In general.--Except as provided in paragraph (2), the
Director shall carry out the pilot program for a period of not
more than three years.
(2) Expansion.--The Director may carry out the pilot program
on a permanent basis if the Director determines that the
mechanisms under the pilot program successfully reduce
[[Page 1815]]
early opioid exposure in beneficiaries under the TRICARE program
and prevent the progression of beneficiaries to misuse or abuse
of opioid medications.
(d) Report.--
(1) In general.--Not later than 180 days before completion
of the pilot program, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program, including
outcome measures developed to determine the overall
effectiveness of the mechanisms under the pilot program.
(B) A description of the ability of the mechanisms
under the pilot program to identify misuse and abuse of
opioid medications among beneficiaries under the TRICARE
program in each pharmacy venue of the pharmacy program
of the military health system.
(C) A description of the impact of the use of
predictive analytics to monitor beneficiaries under the
TRICARE program in order to identify the potential for
opioid abuse and addiction before beneficiaries begin an
opioid prescription.
(D) A description of any reduction in the misuse or
abuse of opioid medications among beneficiaries under
the TRICARE program as a result of the pilot program.
(e) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 717 <> . WOUNDED WARRIOR POLICY
REVIEW.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review and update
policies and procedures relating to the care and management of
recovering service members. In conducting such review, the Secretary
shall consider best practices--
(1) in the care of recovering service members;
(2) in the administrative management relating to such care;
(3) to carry out applicable provisions of Federal law; and
(4) recommended by the Comptroller General of the United
States in the report titled ``Army Needs to Improve Oversight of
Warrior Transition Units''.
(b) Scope of Policy.--In carrying out subsection (a), the Secretary
shall update policies of the Department of Defense with respect to each
of the following:
(1) The case management coordination of members of the Armed
Forces between the military departments and the military medical
treatment facilities administered by the Director of the Defense
Health Agency pursuant to section 1073c of title 10, United
States Code, including with respect to the coordination of--
(A) appointments;
(B) rehabilitative services;
(C) recuperation in an outpatient status;
(D) contract care provided by a private health care
provider outside of a military medical treatment
facility;
[[Page 1816]]
(E) the disability evaluation system; and
(F) other administrative functions relating to the
military department.
(2) The transition of a member of the Armed Forces who is
retired under chapter 61 of title 10, United States Code, from
receiving treatment furnished by the Secretary of Defense to
treatment furnished by the Secretary of Veterans Affairs.
(3) Facility standards related to lodging and accommodations
for recovering service members and the family members and non-
medical attendants of recovering service members.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense and Secretaries of the military
departments shall jointly submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the review
conducted under subsection (a), including a description of the policies
updated pursuant to subsection (b).
(d) Definitions.--In this section, the terms ``disability evaluation
system'', ``outpatient status'', and ``recovering service members'' have
the meaning given those terms in section 1602 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
SEC. 718 <> . MEDICAL SIMULATION
TECHNOLOGY AND LIVE TISSUE TRAINING WITHIN
THE DEPARTMENT OF DEFENSE.
(a) In General.--
(1) Use of simulation technology.--Except as provided by
paragraph (2), the Secretary of Defense shall use medical
simulation technology, to the maximum extent practicable, before
the use of live tissue training to train medical professionals
and combat medics of the Department of Defense.
(2) Determination.--The use of live tissue training within
the Department of Defense may be used as determined necessary by
the medical chain of command.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff and the Secretaries of the
military departments, shall provide a briefing to the Committees on
Armed Services of the House of Representatives and the Senate on the use
and benefit of medical simulation technology and live tissue training
within the Department of Defense to train medical professionals, combat
medics, and members of the Special Operations Forces.
(c) Elements.--The briefing under subsection (b) shall include the
following:
(1) A discussion of the benefits and needs of both medical
simulation technology and live tissue training.
(2) Ways and means to enhance and advance the use of
simulation technologies in training.
(3) An assessment of current medical simulation technology
requirements, gaps, and limitations.
(4) An overview of Department of Defense medical training
programs, as of the date of the briefing, that use live tissue
training and medical simulation technologies.
(5) Any other matters the Secretary determines appropriate.
[[Page 1817]]
SEC. 719. IMPROVEMENTS TO TRAUMA CENTER PARTNERSHIPS.
Section 708(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note) is amended--
(1) in paragraph (1), by striking ``large metropolitan
teaching hospitals that have level I civilian'';
(2) in paragraph (2)--
(A) by striking ``with civilian academic medical
centers and large metropolitan teaching hospitals''; and
(B) by striking ``the trauma centers of the medical
centers and hospitals'' and inserting ``trauma
centers''; and
(3) in paragraph (3), by striking ``large metropolitan
teaching hospitals'' and inserting ``trauma centers''.
SEC. 720. IMPROVEMENT TO NOTIFICATION TO CONGRESS OF
HOSPITALIZATION OF COMBAT-WOUNDED MEMBERS
OF THE ARMED FORCES.
Section 1074l(a) of title 10, United States Code, is amended by
striking ``admitted to a military treatment facility within the United
States'' and inserting ``admitted to any military medical treatment
facility''.
Subtitle C--Reports and Other Matters
SEC. 731. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently amended
by section 719 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1440), is further amended by striking
``September 30, 2019'' and inserting ``September 30, 2020''.
SEC. 732. JOINT FORCES MEDICAL CAPABILITIES DEVELOPMENT AND
STANDARDIZATION.
(a) Process Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretaries of the military departments and the Chairman of the
Joint Chiefs of Staff, develop a process to establish required joint
force medical capabilities for members of the Armed Forces that meet the
operational planning requirements of the combatant commands.
(b) Process Elements.--The process developed under subsection (a)
shall include the following:
(1) A joint medical estimate to determine the medical
requirements for treating members of the Armed Forces who are
wounded, ill, or injured during military operations, including
with respect to environmental health and force health
protection.
(2) A process to review and revise military health related
mission essential tasks in order to ensure that such tasks are
aligned with health professional knowledge, skills, and
abilities.
(3) A process to standardize the interoperability of medical
equipment and capabilities to support the joint force.
[[Page 1818]]
(c) Report.--Not later than June 1, 2019, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the process developed under
subsection (a).
SEC. 733 <> . INCLUSION OF GAMBLING
DISORDER IN HEALTH ASSESSMENTS OF MEMBERS
OF THE ARMED FORCES AND RELATED RESEARCH
EFFORTS.
(a) Inclusion in Next Annual Periodic Health Assessments.--The
Secretary of Defense shall incorporate medical screening questions
specific to gambling disorder into the Annual Periodic Health
Assessments of members of the Armed Forces conducted by the Department
of Defense during the one-year period beginning 180 days after the date
of the enactment of this Act.
(b) Inclusion in Certain Surveys.--The Secretary shall incorporate
into ongoing research efforts of the Department questions on gambling
disorder, as appropriate, including by restoring such questions to the
following:
(1) The first Health Related Behaviors Survey of Active Duty
Military Personnel conducted after the date of the enactment of
this Act.
(2) The first Health Related Behaviors Survey of Reserve
Component Personnel conducted after that date.
(c) Reports.--Not later than one year after the date of the
completion of the assessment referred to in subsection (a), and of each
survey referred to in subsection (b), as modified pursuant to this
section, the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the findings
of the assessment or survey in connection with the prevalence of
gambling disorder among members of the Armed Forces.
SEC. 734. REPORT ON REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE
ARMED FORCES TO ENROLL IN MEDICARE PART B
TO BE ELIGIBLE FOR TRICARE FOR LIFE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of Health
and Human Services, and the Commissioner of Social Security shall
jointly submit to the Committees on Armed Services of the House of
Representatives and the Senate, the Committee on Ways and Means of the
House of Representatives, and the Committee on Finance of the Senate a
report on the findings of a study, conducted by the Secretaries for
purposes of the report, on the requirement that a covered individual
enroll in the supplementary medical insurance program under part B of
title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in
order to be eligible for TRICARE for Life.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An analysis of whether the requirement described in such
subsection affects covered individuals from returning to work.
(2) The number of individuals who--
(A) are retired from the Armed Forces under chapter
61 of title 10, United States Code;
(B) are entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
pursuant
[[Page 1819]]
to receiving benefits for 24 months as described in
subparagraph (A) or (C) of section 226(b)(2) of such Act
(42 U.S.C. 426(b)(2)); and
(C) because of such entitlement, are no longer
enrolled in TRICARE Standard, TRICARE Prime, TRICARE
Extra, or TRICARE Select.
(3) The number of covered individuals who would potentially
enroll in TRICARE for Life but not enroll in the supplementary
medical insurance program under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.) if able.
(c) Definitions.--In this section:
(1) The term ``covered individual'' means an individual--
(A) who is under 65 years of age;
(B) who is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
pursuant to subparagraph (A) or (C) of section 226(b)(2)
of such Act (42 U.S.C. 426(b)(2));
(C) whose entitlement to a benefit described in
subparagraph (A) of such section has terminated due to
performance of substantial gainful activity; and
(D) who is retired under chapter 61 of title 10,
United States Code.
(2) The terms ``TRICARE for Life'', ``TRICARE Extra'',
``TRICARE Standard'', ``TRICARE Select'', and ``TRICARE Prime''
have the meanings given those terms in section 1072 of title 10,
United States Code.
SEC. 735 <> . PILOT PROGRAM ON EARNING BY
SPECIAL OPERATIONS FORCES MEDICS OF CREDIT
TOWARD A PHYSICIAN ASSISTANT DEGREE.
(a) In General.--The Assistant Secretary of Defense for Health
Affairs may conduct a pilot program to assess the feasibility and
advisability of partnerships between special operations forces and
institutions of higher education, and health care systems if determined
appropriate by the Assistant Secretary for purposes of the pilot
program, through which special operations forces medics earn credit
toward the master's degree of physician assistant for military
operational work and training performed by the medics.
(b) Duration.--The Assistant Secretary shall conduct the pilot
program for a period not to exceed five years.
(c) Clinical Training.--Partnerships under subsection (a) shall
permit medics participating in the pilot program to conduct clinical
training at medical facilities of the Department of Defense and the
civilian sector.
(d) Evaluation.--The evaluation of work and training performed by
medics for which credits are earned under the pilot program shall comply
with civilian clinical evaluation standards applicable to the awarding
of the master's degree of physician assistant.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program that
shall include the following:
(A) A comprehensive framework for the military
education to be provided to special operations forces
medics
[[Page 1820]]
under the pilot program, including courses of
instruction at institutions of higher education and any
health care systems participating in the pilot program.
(B) Metrics to be used to assess the effectiveness
of the pilot program.
(C) A description of the mechanisms to be used by
the Department, medics, or both to cover the costs of
education received by medics under the pilot program
through institutions of higher education or health care
systems, including payment by the Department in return
for a military service commitment, tuition or other
educational assistance by the Department, use by medics
of post-9/11 educational assistance available through
the Department of Veterans Affairs, and any other
mechanisms the Secretary considers appropriate for
purposes of the pilot program.
(2) Final report.--Not later than 180 days after completion
of the pilot program, the Secretary shall submit to the
committees of Congress referred to in paragraph (1) a final
report on the pilot program. The report shall include the
following:
(A) An evaluation of the pilot program using the
metrics of assessment set forth pursuant to paragraph
(1)(B).
(B) An assessment of the utility of the funding
mechanisms set forth pursuant to paragraph (1)(C).
(C) An assessment of the effects of the pilot
program on recruitment and retention of medics for
special operations forces.
(D) An assessment of the feasibility and
advisability of extending one or more authorities for
joint professional military education under chapter 107
of title 10, United States Code, to warrant officers or
enlisted personnel, and if the Secretary considers the
extension of any such authorities feasible and
advisable, recommendations for legislative or
administrative action to so extend such authorities.
(f) Construction of Authorities.--Nothing in this section may be
construed to--
(1) authorize an officer or employee of the Federal
Government to create, endorse, or otherwise incentivize a
particular curriculum or degree track; or
(2) require, direct, review, or control a State or
educational institution, or the instructional content,
curriculum, and related activities of a State or educational
institution.
SEC. 736. STRATEGIC MEDICAL RESEARCH PLAN.
(a) Plan.--Not later than 30 days after the date on which the budget
of the President for fiscal year 2020 is submitted to Congress pursuant
to section 1105 of title 31, United States Code, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall submit to the congressional defense committees a
comprehensive strategic medical research plan.
(b) Matters Included.--The plan under subsection (a) shall include
the following:
(1) A description of all medical research focus areas of the
Department of Defense and a description of the coordination
[[Page 1821]]
process to ensure the focus areas are linked to military
readiness, joint force requirements, and relevance to
individuals eligible for care at military medical treatment
facilities or through the TRICARE program.
(2) A description of the medical research projects funded
under the Defense Health Program account and the projects under
the Congressional Directed Medical Research Program.
(3) A description of the process to ensure synergy across
the military medical research community in order to address gaps
in military medical research, minimize duplication of research,
and promote collaboration within research focus areas.
(4) A description of the efforts of the Secretary to
coordinate with other departments and agencies of the Federal
Government to increase awareness of complementary medical
research efforts that are being carried out through the Federal
Government.
SEC. 737 <> . COMPTROLLER GENERAL OF THE
UNITED STATES REVIEW OF DEFENSE HEALTH
AGENCY OVERSIGHT OF TRANSITION BETWEEN
MANAGED CARE SUPPORT CONTRACTORS FOR THE
TRICARE PROGRAM.
(a) Briefing and Report on Current Transition.--
(1) In general.--The Comptroller General of the United
States shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing and a report
on a review by the Comptroller General of the oversight
conducted by the Defense Health Agency with respect to the
current transition between managed care support contractors for
the TRICARE program. The briefing shall be provided by not later
than July 1, 2019.
(2) Elements.--The briefing and report under paragraph (1)
shall each include the following:
(A) A description and assessment of the extent to
which the Defense Health Agency provided guidance and
oversight to the outgoing and incoming managed care
support contractors for the TRICARE program during the
transition described in paragraph (1) and before the
start of health care delivery by the incoming
contractor.
(B) A description and assessment of any issues with
health care delivery under the TRICARE program as a
result of or in connection with the transition, and,
with respect to such issues--
(i) the effect, if any, of the guidance and
oversight provided by the Defense Health Agency
during the transition on such issues; and
(ii) the solutions developed by the Defense
Health Agency for remediating any deficiencies in
managed care support for the TRICARE program in
connection with such issues.
(C) A description and assessment of the extent to
which the Defense Health Agency has reviewed any lessons
learned from past transitions between managed care
support contractors for the TRICARE program, and
incorporated such lessons into the transition.
(D) A review of the Department of Defense briefing
provided in accordance with the provisions of the Report
[[Page 1822]]
of the Committee on Armed Services of the House of
Representatives to Accompany H.R. 5515 (115th Congress;
House Report 115-676) on TRICARE Managed Care Support
Contractor Reporting.
(b) Report on Future Transitions.--Not later than 270 days after the
completion of any future transition between managed care support
contractors for the TRICARE program, the Comptroller General shall
submit to the committees of Congress referred to in subsection (a)(1) a
report on a review by the Comptroller General of the oversight conducted
by the Defense Health Agency with respect to such transition. The report
shall include each description and assessment specified in subparagraphs
(A) through (C) of subsection (a)(2) with respect to such transition.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 738. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONG-TERM
CARE OPTIONS FOR VETERANS FROM DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the availability of long-term care options from the
Department of Veterans Affairs for veterans with combat-related
disabilities, including veterans who served in the Armed Forces after
September 11, 2001.
(b) Elements.--The study required by subsection (a) shall--
(1) determine the potential demand for long-term care by
veterans eligible for health care from the Department;
(2) determine the capacity of the Department for providing
all four levels of long-term care, which are independent living,
assisted living, nursing home care, and memory care;
(3) identify the number of veterans with combat-related
disabilities who require a personal care assistant and which
facilities of the Department provide this service; and
(4) examine the value of long-term care benefits provided by
the Department, including personal care assistant services, to
identify the potential elements of a pilot program that affords
aging veterans the choice of receiving long-term care benefits
at nonprofit continuing care retirement communities.
(c) Report.--Not later than January 1, 2020, the Comptroller General
shall submit to the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed Services and
the Committee on Veterans' Affairs of the House of Representatives a
report on the study conducted under this section.
SEC. 739. INCREASE IN NUMBER OF APPOINTED MEMBERS OF THE HENRY M.
JACKSON FOUNDATION FOR THE ADVANCEMENT OF
MILITARY MEDICINE.
Section 178(c)(1)(C) of title 10, United States Code, is amended by
striking ``four members'' and inserting ``six members''.
[[Page 1823]]
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations
Part I--Consolidation of Defense Acquisition Statutes in New Part V of
Subtitle A of Title 10, United States Code
Sec. 801. Framework for new part V of subtitle A.
Part II--Redesignation of Sections and Chapters of Subtitles B, C, and D
to Provide Room for New Part V of Subtitle A
Sec. 806. Redesignation of sections and chapters of subtitle D of title
10, United States Code--Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title
10, United States Code--Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title
10, United States Code--Army.
Sec. 809. Cross references to redesignated sections and chapters.
Part III--Repeals of Certain Provisions of Defense Acquisition Law
Sec. 811. Amendment to and repeal of statutory requirements for certain
positions or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting
requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 816. Modification of limitations on single source task or delivery
order contracts.
Sec. 817. Preliminary cost analysis requirement for exercise of
multiyear contract authority.
Sec. 818. Revision of requirement to submit information on services
contracts to Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department
of Defense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past
performance of subcontractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for
certified cost and price data.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and
fielding targets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on
Consideration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and
related initiatives.
Subtitle D--Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of
Federal acquisition statutes.
Sec. 837. Limitation on applicability to Department of Defense
commercial contracts of certain provisions of law.
Sec. 838. Modifications to procurement through commercial e-commerce
portals.
Sec. 839. Review of Federal acquisition regulations on commercial
products, commercial services, and commercially available
off-the-shelf items.
Subtitle E--Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval
vessels.
[[Page 1824]]
Sec. 842. Removal of national interest determination requirements for
certain entities.
Sec. 843. Pilot program to test machine-vision technologies to determine
the authenticity and security of microelectronic parts in
weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the
defense industrial base.
Sec. 847. Limitation on procurement of certain items for T-AO-205
program.
Subtitle F--Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration
microloan program.
Sec. 854. Amendments to Small Business Innovation Research Program and
Small Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and
price on small businesses.
Sec. 857. Consolidated budget display for the Department of Defense
Small Business Innovation Research Program and Small Business
Technology Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to
procurement technical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through
Small Business Administration loan programs.
Subtitle G--Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before
sustainment of major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the
Defense Science Board Task Force on the Design and
Acquisition of Software for Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative
development methods required under section 873 of the
National Defense Authorization Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future
acquisitions of combat, combat service, and combat support
systems.
Subtitle H--Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-
allied foreign nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of
Department of Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency
contracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection
process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition
industry-government exchange.
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
Sec. 886. Procurement of telecommunications supplies for experimental
purposes.
Sec. 887. Access by developmental and operational testing activities to
data regarding modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons
with disabilities.
Sec. 889. Prohibition on certain telecommunications and video
surveillance services or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
[[Page 1825]]
SEC. 800 <> . EFFECTIVE DATES;
COORDINATION OF AMENDMENTS.
(a) Effective Dates.--
(1) Parts i and ii.--Parts I and II of this subtitle, and
the redesignations and amendments made by such parts, shall take
effect on February 1, 2019.
(2) Part iii.--Part III of this subtitle shall take effect
on the date of the enactment of this Act.
(b) Coordination of Amendments.--The redesignations and amendments
made by part II of this subtitle shall be executed before the amendments
made by part I of this subtitle.
(c) Rule for Certain Redesignations.--In the case of a redesignation
specified in part II of this subtitle (1) that is to be made to a
section of subtitle B, C, or D of title 10, United States Code, for
which the current section designation consists of a four-digit number
and a letter, and (2) that is directed to be made by the addition of a
specified number to the current section designation, the new section
designation shall consist of a new four-digit number and the same
letter, with the new four-digit number being the number that is the sum
of the specified number and the four-digit number in the current section
designation.
Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations
PART I--CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF
SUBTITLE A OF TITLE 10, UNITED STATES CODE
SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.
(a) In General.--Subtitle A of title 10, United States Code, is
amended by adding at the end the following new part:
``PART V <> --ACQUISITION
``Chap. Sec.
``subpart a--general
``201. Definitions.......................................... 3001
``203. General Matters............................................ 3021
``205. Defense Acquisition System................................. 3051
``207. Budgeting and Appropriations Matters....................... 3101
``209. Operational Contract Support............................... 3151
``subpart b--acquisition planning
``221. Planning and Solicitation Generally.................. 3201
``223. Planning and Solicitation Relating to Particular Items or
Services.......................................................... 3251
``subpart c--contracting methods and
contract types
``241. Awarding of Contracts................................ 3301
``243. Specific Types of Contracts................................ 3351
``245. Task and Delivery Order Contracts (Multiple Award
Contracts)........................................................ 3401
``247. Acquisition of Commercial Items............................ 3451
``249. Multiyear Contracts........................................ 3501
``251. Simplified Acquisition Procedures.......................... 3551
``253. Emergency and Rapid Acquisitions........................... 3601
``255. Contracting With or Through Other Agencies................. 3651
[[Page 1826]]
``subpart d--general contracting requirements
``271. Truthful Cost or Pricing Data........................ 3701
``273. Allowable Costs............................................ 3741
``275. Proprietary Contractor Data and Technical Data............. 3771
``277. Contract Financing......................................... 3801
``279. Contractor Audits and Accounting........................... 3841
``281. Claims and Disputes........................................ 3861
``283. Foreign Acquisitions....................................... 3881
``285. Small Business Programs.................................... 3901
``287. Socioeconomic Programs..................................... 3961
``subpart e--special categories of
contracting: major defense acquisition programs
and major systems
``301. Major Defense Acquisition Programs................... 4001
``303. Weapon Systems Development and Related Matters............. 4071
``305. Other Matters Relating to Major Systems.................... 4121
``subpart f--special categories of
contracting: research, development, test, and
evaluation
``321. Research and Development Generally................... 4201
``323. Innovation................................................. 4301
``325. Department of Defense Laboratories......................... 4351
``327. Research and Development Centers and Facilities............ 4401
``329. Operational Test and Evaluation; Developmental Test and
Evaluation........................................................ 4451
``subpart g--other special categories of
contracting
``341. Contracting for Performance of Civilian Commercial or
Industrial Type Functions......................................... 4501
``343. Acquisition of Services.................................... 4541
``345. Acquisition of Information Technology...................... 4571
``subpart h--contract management
``361. Contract Administration.............................. 4601
``363. Prohibitions and Penalties................................. 4651
``365. Contractor Workforce....................................... 4701
``367. Other Administrative and Miscellaneous Provisions.......... 4751
``subpart i--defense industrial base
``381. Defense Industrial Base Generally.................... 4801
``383. Loan Guarantee Programs.................................... 4861
``385. Procurement Technical Assistance Cooperative Agreement
Program........................................................... 4881
``Subpart A <> --General
``CHAPTER <> 201--DEFINITIONS
``Sec. 3001. [Reserved]
[Reserved]
``CHAPTER <> 203--GENERAL MATTERS
``Sec. 3021. [Reserved]
[Reserved]
``CHAPTER <> 205--DEFENSE ACQUISITION SYSTEM
``Sec. 3051. [Reserved]
[Reserved]
``CHAPTER <> 207--BUDGETING AND
APPROPRIATIONS MATTERS
``Sec. 3101. [Reserved]
[Reserved]
[[Page 1827]]
``CHAPTER <> 209--OPERATIONAL CONTRACT
SUPPORT
``Sec. 3151. [Reserved]
[Reserved]
``Subpart <> B--Acquisition Planning
``CHAPTER <> 221--PLANNING AND SOLICITATION
GENERALLY
``Sec. 3201. [Reserved]
[Reserved]
``CHAPTER <> 223--PLANNING AND SOLICITATION
RELATING TO PARTICULAR ITEMS OR SERVICES
``Sec. 3251. [Reserved]
[Reserved]
``Subpart <> C--Contracting Methods and
Contract Types
``CHAPTER <> 241--AWARDING OF CONTRACTS
``Sec. 3301. [Reserved]
[Reserved]
``CHAPTER <> 243--SPECIFIC TYPES OF CONTRACTS
``Sec. 3351. [Reserved]
[Reserved]
``CHAPTER <> 245--TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)
``Sec. 3401. [Reserved]
[Reserved]
``CHAPTER <> 247--ACQUISITION OF COMMERCIAL
ITEMS
``Sec. 3451. [Reserved]
[Reserved]
``CHAPTER <> 249--MULTIYEAR CONTRACTS
``Sec. 3501. [Reserved]
[Reserved]
``CHAPTER <> 251--SIMPLIFIED ACQUISITION
PROCEDURES
``Sec. 3551. [Reserved]
[Reserved]
[[Page 1828]]
``CHAPTER <> 253--EMERGENCY AND RAPID
ACQUISITIONS
``Sec. 3601. [Reserved]
[Reserved]
``CHAPTER <> 255--CONTRACTING WITH OR THROUGH
OTHER AGENCIES
``Sec. 3651. [Reserved]
[Reserved]
``Subpart <> D--General Contracting
Requirements
``CHAPTER <> 271--TRUTHFUL COST OR PRICING
DATA
``Sec. 3701. [Reserved]
[Reserved]
``CHAPTER <> 273--ALLOWABLE COSTS
``Sec. 3741. [Reserved]
[Reserved]
``CHAPTER <> 275--PROPRIETARY CONTRACTOR DATA
AND TECHNICAL DATA
``Sec. 3771. [Reserved]
[Reserved]
``CHAPTER <> 277--CONTRACT FINANCING
``Sec. 3801. [Reserved]
[Reserved]
``CHAPTER <> 279--CONTRACTOR AUDITS AND
ACCOUNTING
``Sec. 3841. [Reserved]
[Reserved]
``CHAPTER <> 281--CLAIMS AND DISPUTES
``Sec. 3861. [Reserved]
[Reserved]
``CHAPTER <> 283--FOREIGN ACQUISITIONS
``Sec. 3881. [Reserved]
[Reserved]
``CHAPTER <> 285--SMALL BUSINESS PROGRAMS
``Sec. 3901. [Reserved]
[Reserved]
[[Page 1829]]
``CHAPTER <> 287--SOCIOECONOMIC PROGRAMS
``Sec. 3961. [Reserved]
[Reserved]
``Subpart <> E--Special Categories of
Contracting: Major Defense Acquisition Programs and Major Systems
``CHAPTER <> 301--MAJOR DEFENSE ACQUISITION
PROGRAMS
``Sec. 4001. [Reserved]
[Reserved]
``CHAPTER <> 303--WEAPON SYSTEMS DEVELOPMENT
AND RELATED MATTERS
``Sec. 4071. [Reserved]
[Reserved]
``CHAPTER <> 305--OTHER MATTERS RELATING TO
MAJOR SYSTEMS
``Sec. 4121. [Reserved]
[Reserved]
``Subpart <> F--Special Categories of
Contracting: Research, Development, Test, and Evaluation
``CHAPTER <> 321--RESEARCH AND DEVELOPMENT
GENERALLY
``Sec. 4201. [Reserved]
[Reserved]
``CHAPTER <> 323--INNOVATION
``Sec. 4301. [Reserved]
[Reserved]
``CHAPTER <> 325--DEPARTMENT OF DEFENSE
LABORATORIES
``Sec. 4351. [Reserved]
[Reserved]
``CHAPTER <> 327--RESEARCH AND DEVELOPMENT
CENTERS AND FACILITIES
``Sec. 4401. [Reserved]
[Reserved]
[[Page 1830]]
``CHAPTER <> 329--OPERATIONAL TEST AND
EVALUATION; DEVELOPMENTAL TEST AND EVALUATION
``Sec. 4451. [Reserved]
[Reserved]
``Subpart G <> --Other Special Categories Of
Contracting
``CHAPTER <> 341--CONTRACTING FOR PERFORMANCE
OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS
``Sec. 4501. [Reserved]
[Reserved]
``CHAPTER <> 343--ACQUISITION OF SERVICES
``Sec. 4541. [Reserved]
[Reserved]
``CHAPTER <> 345--ACQUISITION OF INFORMATION
TECHNOLOGY
``Sec. 4571. [Reserved]
[Reserved]
``Subpart <> H--Contract Management
``CHAPTER <> 361--CONTRACT ADMINISTRATION
``Sec. 4601. [Reserved]
[Reserved]
``CHAPTER <> 363--PROHIBITIONS AND PENALTIES
``Sec. 4651. [Reserved]
[Reserved]
``CHAPTER <> 365--CONTRACTOR WORKFORCE
``Sec. 4701. [Reserved]
[Reserved]
``CHAPTER <> 367--OTHER ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS
``Sec. 4751. [Reserved]
[Reserved]
[[Page 1831]]
``Subpart <> I--Defense Industrial Base
``CHAPTER <> 381--DEFENSE INDUSTRIAL BASE
GENERALLY
``Sec. 4801. [Reserved]
[Reserved]
``CHAPTER <> 383--LOAN GUARANTEE PROGRAMS
``Sec. 4861. [Reserved]
[Reserved]
``CHAPTER <> 385--PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM
``Sec. 4881. [Reserved]
``[Reserved]''.
(b) Table of Chapters Amendment.--The table of chapters at the
beginning of subtitle A <> is amended by
adding at the end the following new items:
``Part V--ACQUISITION
``subpart a--general
``201. Definitions.......................................... 3001
``203. General Matters............................................ 3021
``205. Defense Acquisition System................................. 3051
``207. Budgeting and Appropriations Matters....................... 3101
``209. Operational Contract Support............................... 3151
``subpart b--acquisition planning
``221. Planning and Solicitation Generally.................. 3201
``223. Planning and Solicitation Relating to Particular Items or
Services.......................................................... 3251
``subpart c--contracting methods and
contract types
``241. Awarding of Contracts................................ 3301
``243. Specific Types of Contracts................................ 3351
``245. Task and Delivery Order Contracts (Multiple Award
Contracts)........................................................ 3401
``247. Acquisition of Commercial Items............................ 3451
``249. Multiyear Contracts........................................ 3501
``251. Simplified Acquisition Procedures.......................... 3551
``253. Emergency and Rapid Acquisitions........................... 3601
``255. Contracting With or Through Other Agencies................. 3651
``subpart d--general contracting requirements
``271. Truthful Cost or Pricing Data........................ 3701
``273. Allowable Costs............................................ 3741
``275. Proprietary Contractor Data and Technical Data............. 3771
``277. Contract Financing......................................... 3801
``279. Contractor Audits and Accounting........................... 3841
``281. Claims and Disputes........................................ 3861
``283. Foreign Acquisitions....................................... 3881
``285. Small Business Programs.................................... 3901
``287. Socioeconomic Programs..................................... 3961
``subpart e--special categories of
contracting: major defense acquisition programs
and major systems
``301. Major Defense Acquisition Programs................... 4001
``303. Weapon Systems Development and Related Matters............. 4071
``305. Other Matters Relating to Major Systems.................... 4121
``subpart f--special categories of
contracting: research, development, test, and
evaluation
``321. Research and Development Generally................... 4201
``323. Innovation................................................. 4301
[[Page 1832]]
``325. Department of Defense Laboratories......................... 4351
``327. Research and Development Centers and Facilities............ 4401
``329. Operational Test and Evaluation; Developmental Test and
Evaluation........................................................ 4451
``subpart g--other special categories of
contracting
``341. Contracting for Performance of Civilian Commercial or
Industrial Type Functions......................................... 4501
``343. Acquisition of Services.................................... 4541
``345. Acquisition of Information Technology...................... 4571
``subpart h--contract management
``361. Contract Administration.............................. 4601
``363. Prohibitions and Penalties................................. 4651
``365. Contractor Workforce....................................... 4701
``367. Other Administrative and Miscellaneous Provisions.......... 4751
``subpart i--defense industrial base
``381. Defense Industrial Base Generally.................... 4801
``383. Loan Guarantee Programs.................................... 4861
``385. Procurement Technical Assistance Cooperative Agreement
Program..........................................................4881''.
PART II--REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D
TO PROVIDE ROOM FOR NEW PART V OF SUBTITLE A
SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF
TITLE 10, UNITED STATES CODE--AIR FORCE.
(a) Subtitle D, Part III, Section Numbers.--The sections in part III
of subtitle D of title 10, United States Code, are redesignated as
follows:
(1) Chapter 909.--Each section in chapter 909 <> is redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 50.
(2) Chapter 907.--Each section in chapter 907 <> is redesignated so that the number of
the section, as redesignated, is the number equal to the
previous number plus 70.
(3) Chapters 901 and 903.--Each section in chapter 901 and
chapter 903 <> is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 100.
(b) Subtitle D, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 831.--Section 8210 is redesignated as section
9110.
(2) Chapter 833.--Sections 8251, 8252, 8257, and 8258 are
redesignated as sections 9131, 9132, 9137, and 9138,
respectively.
(3) Chapter 835.--Sections 8281 and 8310 are redesignated as
sections 9151 and 9160, respectively.
(4) Chapter 839.--Section 8446 is redesignated as section
9176.
(5) Chapter 841.--Sections 8491 and 8503 are redesignated as
sections 9191 and 9203, respectively.
(6) Chapter 843.--Sections 8547 and 8548 are redesignated as
sections 9217 and 9218, respectively.
(7) Chapter 845.--Sections 8572, 8575, 8579, 8581, and 8583
are redesignated as sections 9222, 9225, 9229, 9231, and 9233,
respectively.
[[Page 1833]]
(8) Chapter 849.--Section 8639 is redesignated as section
9239.
(9) Chapter 853.--Sections 8681, 8684, and 8691 are
redesignated as sections 9251, 9252, and 9253, respectively.
(10) Chapter 855.--Section 8723 is redesignated as section
9263.
(11) Chapter 857.--Each section in chapter 857 is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 530.
(12) Chapter 861.--Section 8817 is redesignated as section
9307.
(13) Chapter 867.--Each section in chapter 867 is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 400.
(14) Chapter 869.--Sections 8961, 8962, 8963, 8964, 8965,
and 8966 are redesignated as sections 9341, 9342, 9343, 9344,
9345, and 9346, respectively.
(15) Chapter 871.--Sections 8991 and 8992 are redesignated
as sections 9361 and 9362, respectively.
(16) Chapter 873.--Sections 9021, 9025, and 9027 are
redesignated as sections 9371, 9375, and 9377, respectively.
(17) Chapter 875.--Section 9061 is redesignated as section
9381.
(c) Subtitle D, Part I, Section Numbers.--Each <> section in part I of such subtitle is redesignated so that the
number of the section, as redesignated, is the number equal to the
previous number plus 1,000.
(d) Subtitle D Chapter Numbers.--
(1) Part IV chapter numbers.--Each chapter in part IV of
such subtitle is redesignated so that the number of the chapter,
as redesignated, <> is the number equal to the previous number
plus 30.
(2) Part III chapter numbers.--Each chapter in part III of
such subtitle <> is redesignated so that
the number of the chapter, as redesignated, is the number equal
to the previous number plus 50.
(3) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph
(B), each chapter in part II of such subtitle is
redesignated so that the number of the chapter, as
redesignated, is the <>
number equal to the previous number plus 80.
(B) Other chapters.--
(i) Chapter 861 <>
is redesignated as chapter 939.
(ii) Chapters 867, 869, 871, 873, and 875 are
each redesignated so that the number of the
chapter, as redesignated, is the number equal
to <> the previous number plus 74.
(4) Part I chapter numbers.--Each chapter in part
I <>
of such subtitle is redesignated so that the number of the
chapter, as redesignated, is the number equal to the previous
number plus 100.
(e) Subtitle D Tables of Sections and Tables of Chapters.--
(1) Tables of sections.--The tables of sections at the
beginning of the chapters of such subtitle are revised so as to
conform the section references in those tables to the
redesignations made by subsections (a), (b), and (c).
[[Page 1834]]
(2) <> Tables of chapters.--The table of chapters at the
beginning of such subtitle, and the tables of chapters at the
beginning of each part of such subtitle, are revised so as to
conform the chapter references and section references in those
tables to the redesignations made by this section.
SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE C OF
TITLE 10, UNITED STATES CODE--NAVY AND
MARINE CORPS.
(a) Subtitle C, Part I, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part I of subtitle C of title 10, United States Code,
is <> redesignated so that the number
of the section, as redesignated, is the number equal to the
previous number plus 3,000.
(2) Chapter 513.--For sections in chapter 513, each section
is <> redesignated so
that the number of the section, as redesignated, is the number
equal to the previous number plus 2,940.
(b) Subtitle C, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 533.--Sections 5441, 5450, and 5451 are
redesignated as sections 8101, 8102, and 8103, respectively.
(2) Chapter 535.--Sections 5501, 5502, 5503, and 5508 are
redesignated as sections 8111, 8112, 8113, and 8118,
respectively.
(3) Chapter 537.--Section 5540 is redesignated as section
8120.
(4) Chapter 539.--Sections 5582, 5585, 5587, 5587a, 5589,
and 5596 are redesignated as sections 8132, 8135, 8137, 8138,
8139, and 8146, respectively.
(5) Chapter 551.--Each section in chapter 551 <> is redesignated so that the number
of the section, as redesignated, is the number equal to the
previous number plus 2,220.
(6) Chapter 553.--Sections 5983, 5985, and 5986 are
redesignated as sections 8183, 8185, and 8186, respectively.
(7) Chapter 555.--The sections in chapter 555 are
redesignated as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
6011 8211
------------------------------------------------------------------------
6012 8212
------------------------------------------------------------------------
6013 8213
------------------------------------------------------------------------
6014 8214
------------------------------------------------------------------------
6019 8215
------------------------------------------------------------------------
6021 8216
------------------------------------------------------------------------
6022 8217
------------------------------------------------------------------------
[[Page 1835]]
6024 8218
------------------------------------------------------------------------
6027 8219
------------------------------------------------------------------------
6029 8220
------------------------------------------------------------------------
6031 8221
------------------------------------------------------------------------
6032 8222
------------------------------------------------------------------------
6035 8225
------------------------------------------------------------------------
6036 8226
------------------------------------------------------------------------
(8) Chapter 557.--Each section in chapter 557 <> is redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 2,160.
(9) Chapter 559.--Section 6113 is redesignated as section
8253.
(10) Chapter 561.--The sections in chapter 561 are
redesignated as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
6141 8261
------------------------------------------------------------------------
6151 8262
------------------------------------------------------------------------
6152 8263
------------------------------------------------------------------------
6153 8264
------------------------------------------------------------------------
6154 8265
------------------------------------------------------------------------
6155 8266
------------------------------------------------------------------------
6156 8267
------------------------------------------------------------------------
6160 8270
------------------------------------------------------------------------
6161 8271
------------------------------------------------------------------------
(11) Chapter 563.--Sections 6201, 6202, and 6203 are
redesignated as sections 8281, 8282, and 8283, respectively.
(12) Chapter 565.--Sections 6221 and 6222 are redesignated
as sections 8286 and 8287, respectively.
[[Page 1836]]
(13) Chapter 567.--Each section in chapter 567 <> is redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 2,050.
(14) Chapter 569.--Section 6292 is redesignated as section
8317.
(15) Chapter 571.--Each section in chapter 571 <> is redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 2,000.
(16) Chapter 573.--Sections 6371, 6383, 6389, 6404, and 6408
are redesignated as sections 8371, 8372, 8373, 8374, and 8375,
respectively.
(17) Chapter 575.--Sections 6483, 6484, 6485, and 6486 are
redesignated as sections 8383, 8384, 8385, and 8386,
respectively.
(18) Chapter 577.--Section 6522 is redesignated as section
8392.
(c) Subtitle C, Part III, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part III of such subtitle is <>
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 1,500.
(2) Chapter 609.--Sections 7101, 7102, 7103, and 7104 are
redesignated as sections 8591, 8592, 8593, and 8594,
respectively.
(d) Subtitle C, Part IV, Section Numbers.--The sections in part IV
of such subtitle are redesignated as follows:
(1) Chapter 631.--Each section in chapter 631 <> is redesignated so that the number of the section, as
redesignated, is the number equal to the previous number plus
1,400.
(2) Chapter 633.--Each section in chapter 633 is <> redesignated so
that the number of the section, as redesignated, is the number
equal to the previous number plus 1,370.
(3) Chapter 637.--Sections 7361, 7362, 7363, and 7364 are
redesignated as sections 8701, 8702, 8703, and 8704,
respectively.
(4) Chapter 639.--Sections 7395 and 7396 are redesignated as
sections 8715 and 8716, respectively.
(5) Chapter 641.--Each section in chapter 641 is <> redesignated so that the
number of the section, as redesignated, is the number equal to
the previous number plus 1,300.
(6) Chapter 643.--Sections 7472, 7473, 7476, 7477, 7478,
7479, 7479a, and 7480 are redesignated as sections 8742, 8743,
8746, 8747, 8748, 8749, 8749a, and 8750, respectively.
(7) Chapter 645.--Sections 7522, 7523, and 7524 are
redesignated as sections 8752, 8753, and 8754, respectively.
(8) Chapter 647.--The sections in chapter 647 are
redesignated as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
7541 8761
------------------------------------------------------------------------
7541a 8761a
------------------------------------------------------------------------
[[Page 1837]]
7541b 8761b
------------------------------------------------------------------------
7542 8762
------------------------------------------------------------------------
7543 8763
------------------------------------------------------------------------
7544 8764
------------------------------------------------------------------------
7545 8765
------------------------------------------------------------------------
7546 8766
------------------------------------------------------------------------
7547 8767
------------------------------------------------------------------------
(9) Chapters 649, 651, 653, and 655.--Each section in
chapters 649, 651, 653, and 655 is <>
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 1,200.
(10) Chapter 657.--Each section in chapter 657 is <> redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 1,170.
(11) Chapter 659.--Sections 7851, 7852, 7853, and 7854 are
redesignated as sections 8901, 8902, 8903, and 8904,
respectively.
(12) Chapter 661.--Sections 7861, 7862, and 7863 are
redesignated as sections 8911, 8912, and 8913, respectively.
(13) Chapter 663.--Section 7881 is redesignated as section
8921.
(14) Chapter 665.--Sections 7901, 7902, and 7903 are
redesignated as sections 8931, 8932, and 8933, respectively.
(15) Chapter 667.--Sections 7912 and 7913 are redesignated
as sections 8942 and 8943, respectively.
(16) Chapter 669.--Section 7921 is redesignated as section
8951.
(e) Subtitle C Chapter Numbers.--
(1) Part I chapter numbers.--Each chapter in part I of such
subtitle <> is redesignated so that
the number of the chapter, as redesignated, is the number equal
to the previous number plus 300, except that chapter 513 is
redesignated as chapter 809.
(2) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph
(B), each chapter in part II of such subtitle <> is redesignated so that the number of the
chapter, as redesignated, is the number equal to the
previous number plus 270.
(B) Other chapters.--Chapter 533 is redesignated as
chapter 811, chapter 535 is redesignated as chapter 812,
chapter 537 is redesignated as chapter 813, and chapter
539 is redesignated as chapter 815.
(3) Part III chapter numbers.--Each chapter in part III of
such subtitle <> is redesignated so that
the number of the
[[Page 1838]]
chapter, as redesignated, is the number equal to the previous
number plus 250.
(4) Part IV chapter numbers.--Each chapter in part IV of
such subtitle <> is redesignated so that
the number of the chapter, as redesignated, is the number equal
to the previous number plus 228, except that chapter 631 is
redesignated as chapter 861 and chapter 633 is redesignated as
chapter 863.
(f) Subtitle C Tables of Sections and Tables of Chapters.--
(1) Tables of sections.--The table of sections at the
beginning of each chapter of such subtitle is revised so as to
conform the section references in the table to the
redesignations made by subsections (a), (b), (c), and (d).
(2) Tables of chapters.--The table of chapters at the
beginning of such subtitle, and the tables of chapters at the
beginning of each part of such subtitle, are revised so as to
conform the chapter references and section references in those
tables to the redesignations made by this section.
SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE B OF
TITLE 10, UNITED STATES CODE--ARMY.
(a) Subtitle B, Part I, Section Numbers.--Each section in part I of
subtitle B of title 10, United States Code, is redesignated so that the
number of the section, as redesignated, is the number equal to the
previous number plus 4,000.
(b) Subtitle B, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 331.--Sections 3201 and 3210 are redesignated as
sections 7101 and 7110, respectively.
(2) Chapter 333.--Sections 3251, 3258, and 3262 are
redesignated as sections 7131, 7138, and 7142, respectively.
(3) Chapter 335.--Sections 3281, 3282, and 3283 are
redesignated as sections 7151, 7152, and 7153, respectively.
(4) Chapter 339.--Section 3446 is redesignated as sections
7176.
(5) Chapter 341.--Sections 3491 and 3503 are redesignated as
sections 7191 and 7203, respectively.
(6) Chapter 343.--Sections 3533, 3534, 3536, 3547 and 3548
are redesignated as sections 7213, 7214, 7216, 7217, and 7218,
respectively.
(7) Chapter 345.--Sections 3572, 3575, 3579, 3581, and 3583
are redesignated as sections 7222, 7225, 7229, 7231, and 7233,
respectively.
(8) Chapter 349.--Section 3639 is redesignated as section
7239.
(9) Chapter 353.--Sections 3681, 3684, and 3691 are
redesignated as sections 7251, 7252, and 7253, respectively.
(10) Chapter 355.--Section 3723 is redesignated as section
7263.
(11) Chapter 357.--Each section in chapter 357 is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 3,530.
(12) Chapter 367.--Each section in chapter 367 <> is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 3,400.
[[Page 1839]]
(13) Chapter 369.--Sections 3961, 3962, 3963, 3964, 3965,
and 3966 are redesignated as sections 7341, 7342, 7343, 7344,
7345, and 7346, respectively.
(14) Chapter 371.--Sections 3991 and 3992 are redesignated
as sections 7361 and 7362, respectively.
(15) Chapter 373.--Sections 4021, 4024, 4025, and 4027 are
redesignated as sections 7371, 7374, 7375, and 7377,
respectively.
(16) Chapter 375.--Section 4061 is redesignated as section
7381.
(c) Subtitle B, Part III, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part III of such subtitle <> is redesignated
so that the number of the section, as redesignated, is the
number equal to the previous number plus 3,100.
(2) Chapter 407.--Each section in chapter 407 is
redesignated so that the number of the section, as redesignated,
is the number equal to the previous number plus 3,070.
(d) Subtitle B, Part IV, Section Numbers.--Each section in part IV
of such subtitle is redesignated so that the number of the section, as
redesignated, is the number equal to the previous number plus 3,000.
(e) Subtitle B Chapter Numbers.--
(1) Part I chapter numbers.--Each chapter in part I of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus
400.
(2) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph
(B), each chapter in part II of such subtitle is
redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number
plus 380.
(B) Other chapters.--Chapters 367, 369, 371, 373,
and 375 are each redesignated so that the number of the
chapter, as redesignated, is the number equal to the
previous number plus 374.
(3) Part III chapter numbers.--Each chapter in part III of
such subtitle <> is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus
350.
(4) Part IV chapter numbers.--Each chapter in part IV of
such subtitle <>
is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus
330.
(f) Subtitle B Tables of Sections and Tables of Chapters.--
* (1) Tables of sections.--The table of sections at the
beginning of each chapter of such subtitle is revised so as to
conform the section references in the table to the
redesignations made by subsections (a), (b), (c), and (d).
(2) Tables of chapters.--The table of chapters at the
beginning of such subtitle, and the tables of chapters at the
beginning of each part of such subtitle, <> are revised so as
to conform the chapter references and section references in
those tables to the redesignations made by this section.
__________
* Note: Classifications for section 808(f)(1): 10 USC prec. 7001,
prec. 7011, prec. 7031, prec. 7061, prec. 7101, prec. 7131, prec. 7151,
prec. 7176, prec. 7191, prec. 7213, prec. 7222, prec. 7239, prec. 7251,
prec. 7263, prec. 7271, prec. 7311, prec. 7341, prec. 7361, prec. 7371,
prec. 7381, prec. 7401, prec. 7431, prec. 7481, prec. 7532, prec. 7551,
prec. 7561, prec. 7591, prec. 7621, prec. 7652, prec. 7682, prec. 7712,
prec. 7721, prec. 7749, prec. 7771, prec. 7801, prec.
7831.
---------------------------------------------------------------------------
[[Page 1840]]
SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND CHAPTERS.
(a) Title 10, United States Code.--Each provision of title 10,
United States Code (including the table of subtitles preceding subtitle
A), that contains a reference to a section or chapter redesignated by
this part is <> amended so that the reference refers to the number of the
section or chapter as redesignated.
(b) Laws Classified as Title 10, United States Code, Note
Sections.--
(1) Section 1111 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 143 note) is amended by striking ``sections 143, 194,
3014, 5014, and 8014'' in subsections (a) and (b) and inserting
``sections 143, 194, 7014, 8014, and 9014''.
(2) Section 4403(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1293
note) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``section
3911'' and inserting ``section 7311''; and
(ii) in subparagraph (B), by striking
``section 3914'' and inserting ``section 7314'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``section
6323'' and inserting ``section 8323''; and
(ii) in subparagraph (B), by striking
``section 6330'' and inserting ``section 8330'';
and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``section
8911'' and inserting ``section 9311''; and
(ii) in subparagraph (B), by striking
``section 8914'' and inserting ``section 9314''.
(3) Section 598(d)(4) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 1561
note) is amended by striking ``sections 4361, 6980, and 9361''
and inserting ``sections 7461, 8480, and 9461''.
(4) Section 549(a)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 1580 note prec.) is amended by striking ``section 4348,
6959, or 9348'' and inserting ``section 7448, 8459, or 9448''.
(5) Section 505(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 3201 note)
is amended by striking ``section 3201'' and inserting ``section
7101''.
(6) Section 586(g)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 3741
note) is amended by striking ``section 3744, 6248, or 8744'' and
inserting ``section 7274, 8296, or 9274''.
(7) Section 2 of Public Law 89-650 (10 U.S.C. 4343 note) is
amended--
(A) by striking ``sections 4342(b)(1), 6954(b), and
9342(b)(1)'' and inserting ``sections 7442(b)(1),
8454(b), and 9442(b)(1) of title 10, United States
Code,''; and
(B) by striking ``sections 4343, 6956, and 9343 of
title 10, United States Code'' and inserting ``sections
7443, 8456, and 9443 of such title''.
[[Page 1841]]
(8) Section 323 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4551 note)
is amended by striking ``section 4551(2)'' and inserting
``section 7551(2)''.
(9) Section 343 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4554 note) is
amended by striking ``section 4554(a)(3)(A)'' and inserting
``section 7554(a)(3)(A)''.
(10) Section 589(c) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 7049
note) is amended by striking ``sections 7049(a) and 9314a(a)''
and inserting ``sections 8549(a) and 9414a(a)''.
(11) Section 131(d) of the National Defense Authorization
Act for Fiscal Year (Public Law 115-91; 10 U.S.C. 8062 note) is
amended by striking ``section 8062'' and inserting ``section
9062''.
(12) Section 2 of Public Law 86-593 (10 U.S.C. 8744 note) is
amended by striking ``sections 8744(a) and 8750(b)'' and
inserting ``sections 9274(a) and 9280(b)''.
(c) Title 5, United States Code.--
(1) Section 5102(c) of title 5, United States Code, is
amended--
(A) in paragraph (10)--
(i) by striking ``section 1595, 4021, 7478, or
9021 of title 10'' and inserting ``section 1595,
7371, 8748, or 9371 of title 10'';
(ii) by striking ``sections 4338, 6952, and
9338, respectively, of title 10'' and inserting
``sections 7438, 8452, and 9438, respectively, of
title 10'';
(iii) by striking ``section 7044 of title 10''
and inserting ``section 8544 of title 10''; and
(iv) by striking ``section 7043 of title 10''
and inserting ``section 8543 of title 10''; and
(B) in paragraph (28), by striking ``section 9314 of
title 10'' and inserting ``section 9414 of title 10''.
(2) Section 504(c) of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 5 U.S.C. 5102 note),
is amended by striking ``Section 9314(b)(2) of title 10, United
States Code'' and inserting ``Section 9414(b)(2) of title 10,
United States Code''.
(3) Section 5514(c) of title 5, United States Code, is
amended by striking ``section 4837(d) or 9837(d) of title 10''
and inserting ``section 7837(d) or 9837(d) of title 10''.
(4) Section 8150(b) of title 5, United States Code, is
amended by striking ``section 9441 of title 10'' and inserting
``section 9491 of title 10''.
(d) Laws Classified in Title 7, United States Code.--The 7th proviso
in the paragraph under the heading ``SALARIES'' in the Department of
Agriculture Appropriation Act, 1937 (7 U.S.C. 2238), is amended by
striking ``the Act of March 3, 1879 (20 Stat. 412)'' and inserting
``section 7655 of title 10, United States Code''.
(e) Title 18, United States Code.--
(1) Section 704 of title 18, United States Code, is
amended--
(A) in subsection (c)(2)--
[[Page 1842]]
(i) by striking ``section 3741, 6241, or 8741
of title 10'' in subparagraph (A) and inserting
``section 7271, 8291, or 9271 of title 10'';
(ii) by striking ``section 3754, 6256, or 8754
of title 10'' in subparagraph (B) and inserting
``section 7284, 8306, or 9284 of title 10''; and
(iii) by striking ``section 3747, 6253, or
8747 of title 10'' in subparagraph (C) and
inserting ``section 7277, 8303, or 9277 of title
10''; and
(B) in subsection (d)(1)--
(i) by striking ``section 3742 of title 10''
and inserting ``section 7272 of title 10'';
(ii) by striking ``section 6242 of title 10''
and inserting ``section 8292 of title 10'';
(iii) by striking ``section 8742 of section
10'' and inserting ``section 9272 of title 10'';
and
(iv) by striking ``section 3746, 6244, or 8746
of title 10'' and inserting ``section 7276, 8294,
or 9276 of title 10''.
(2) Section 921(a)(4) of such title <>
is amended by striking ``section 4684(2), 4685, or 4686 of title
10'' in the matter after subparagraph (C) and inserting
``section 7684(2), 7685, or 7686 of title 10''
(3) Section 925(d)(1) of such title is amended by striking
``chapter 401 of title 10'' and inserting ``chapter 751 of title
10''.
(f) Laws Classified in Title 22, United States Code.--Section 44 of
the Arms Export Control Act (22 U.S.C. 2793) is amended by striking
``section 7307 of title 10 of the United States Code'' and inserting
``section 8677 of title 10, United States Code''.
(g) Laws Classified in Title 24, United States Code.--Section
1520(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
420(a)) is amended by striking ``sections 4712(f) and 9712(f) of title
10, United States Code'' in the matter before paragraph (1) and
inserting ``sections 7712(f) and 9712(f) of title 10, United States
Code''.
(h) Laws Classified in Title 26, United States Code.--
(1) Section 170(p)(6) <> of the Internal
Revenue Code of 1986 is amended by striking ``section 6973 of
title 10, United States Code'' and inserting ``section 8473 of
title 10, United States Code''.
(2) Section 2055(g) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (4), by striking ``section 7222 of
title 10, United States Code'' and inserting ``section
8622 of title 10, United States Code'';
(B) in paragraph (9), by striking ``section 6973 of
title 10, United States Code'' and inserting ``section
8473 of title 10, United States Code''; and
(C) in paragraph (10), by striking ``section 6974 of
title 10, United States Code'' and inserting ``section
8474 of title 10, United States Code''.
(3) Section 5845(f) of the Internal Revenue Code of 1986 is
amended by striking ``section 4684(2), 4685, or 4686 of title 10
of the United States Code'' and inserting ``section 7684(2),
7685, or 7686 of title 10, United States Code''.
(i) Laws Classified in Title 30, United States Code.--
[[Page 1843]]
(1) Section 35(a) of the Mineral Leasing Act (30 U.S.C.
191(a)) is amended by striking ``the Act of June 4, 1920 (41
Stat. 813), as amended June 30, 1938 (52 Stat. 1252)'' before
the period at the end of the first sentence and inserting
``section 8733(b) of title 10, United States Code''.
(2) Section 4 of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 353) is amended by striking ``the Act of June 30,
1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41 Stat.
813)'' before the period at the end and inserting ``chapter 869
of title 10, United States Code''.
(j) Title 32, United States Code.--Section 113(b)(1)(A) of title 32,
United States Code, is amended by striking ``section 3013(b) of title
10'' and inserting ``section 7013(b) of title 10''.
(k) Laws Classified in Title 33, United States Code.--
(1) Section 902(c)(2) of the Oceans and Human Health Act (33
U.S.C. 3101(c)(2)) is amended by striking ``(10 U.S.C.
7902(a))'' and inserting ``(10 U.S.C. 8932(a))''.
(2) Section 12406(a)(3) of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) is
amended by striking ``section 7901 of title 10, United States
Code'' and inserting ``section 8931 of title 10, United States
Code''.
(l) Title 36, United States Code.--
(1) Section 903(b) of title 36, United States Code, is
amended by striking ``sections 3755, 6257, and 8755 of title
10'' and inserting ``sections 7285, 8307, and 9285 of title
10''.
(2) Section 40303(b) of such title is amended by striking
``section 9447 of title 10'' and inserting ``section 9497 of
title 10''.
(m) Title 37, United States Code.--
(1) Section 207(c) of title 37, United States Code, is
amended by striking ``section 6222 of title 10'' and inserting
``section 8287 of title 10''.
(2) Section 301a(a)(6)(D) of such title is amended by
striking ``section 6911 of title 10'' and inserting ``section
8411 of title 10''.
(3) Section 334(h)(4) of such title is amended by striking
``section 6911 of title 10'' and inserting ``section 8411 of
title 10''.
(4) Section 424(c) of such title is amended by striking
``section 6222 of title 10'' and inserting ``section 8287 of
title 10''.
(n) Title 38, United States Code.--
(1) The following provisions of chapter 17 of title 38,
United States Code, are amended by striking ``section 3741,
6241, or 8741 of title 10'' and inserting ``section 7271, 8291,
or 9271 of title 10'':
(A) Section 1705(a)(1).
(B) Section 1710(a)(2)(D).
(C) Section 1710B(c)(2)(D).
(D) Section 1722A(a)(3)(D).
(2) Section 2306(d)(5) of such title is amended by striking
``section 3741, 6241, or 8741 of title 10'' in subparagraphs
(C)(iii) and (D) and inserting ``section 7271, 8291, or 9271 of
title 10''.
[[Page 1844]]
(3) Section 3311(d)(2) of such title <>
is amended by striking ``section 4348, 6959, or 9348 of title
10'' and inserting ``section 7448, 8459, or 9448 of title 10''.
(n) Laws Classified in Title 42, United States Code.--
(1) Section 106 of the Naval Petroleum Reserves Production
Act of 1976 (42 U.S.C. 6506) is amended by striking ``section
7430 of title 10, United States Code'' and inserting ``section
8730 of title 10, United States Code''.
(2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C.
6939d) is amended--
(A) in subsection (c)(2), by striking ``section 7293
and sections 7304 through 7308 of title 10, United
States Code'' and inserting ``section 8663 and sections
8674 through 8678 of title 10, United States Code''; and
(B) in subsection (d), by striking ``section 7311 of
title 10, United States Code'' and inserting ``section
8681 of title 10, United States Code''.
(3) The Department of Energy Organization Act is amended--
(A) in section 307 (42 U.S.C. 7156), by striking
``chapter 641 of title 10, United States Code'' in the
matter before paragraph (1) and inserting ``chapter 869
of title 10, United States Code''; and
(B) in section 625(a) (42 U.S.C. 7235(a)), by
striking ``chapter 641 of title 10, United States Code''
and inserting ``chapter 869 of title 10, United States
Code''.
(4) Section 102(f)(3) of the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by
striking ``(10 U.S.C. 7420 note; Public Law 105-261)'' in the
matter before subparagraph (A) and inserting ``(10 U.S.C. 8720
note; Public Law 105-261)''.
(p) Laws Classified in Title 43, United States Code.--Section 2(e)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1601(e)) is
amended by striking ``sections 7421 through 7438 of title 10 of the
United States Code'' and inserting ``sections 8721 through 8738 of title
10, United States Code,''.
(q) Title 46, United States Code.--Section 57100(d)(1) of title 46,
United States Code, is amended by striking ``section 7310 of title 10,
United States Code,'' and inserting ``section 8680 of title 10''.
(r) Laws Classified in Title 50, United States Code.--Section
505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C.
3095(a)(2)(B)(i)) is amended by striking ``(including a law enacted
pursuant to section 7307(a) of that title)'' and inserting ``(including
a law enacted pursuant to section 8677(a) of title 10)''.
(s) Title 54, United States Code.--Section 303102 of title 54,
United States Code, is amended by striking ``section 7433(b) of title
10'' and inserting ``section 8733(b) of title 10''.
(t) Deeming Rule for Other References.-- <> Any reference in a provision of law (other than a provision
amended by this section) to a section or chapter redesignated by this
part shall be deemed to refer to the section or chapter as so
redesignated.
[[Page 1845]]
PART III--REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW
SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIREMENTS FOR
CERTAIN POSITIONS OR OFFICES IN THE
DEPARTMENT OF DEFENSE.
(a) Amendment Relating to Director of Corrosion Policy and
Oversight.--Section 2228(a) of title 10, United States Code, is
amended--
(1) by striking ``, Technology, and Logistics'' and
inserting ``and Sustainment'' both places it appears; and
(2) by striking ``The Director shall report directly to the
Under Secretary'' at the end of paragraph (2).
(b) Repeal of Statutory Requirement for Office of Technology
Transition.--
(1) Repeal.--Section 2515 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 148 of such
title <> is amended by striking the
item relating to section 2515.
(c) Repeal of Statutory Requirement for Office for Foreign Defense
Critical Technology Monitoring and Assessment.--
(1) Repeal.--Section 2517 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 148 of such title is
amended by striking the item relating to section 2517.
(d) Repeal of Statutory Requirement for Defense Logistics Agency
Advocate for Competition.--
(1) Repeal.--Section 2318 of title 10, United States Code,
is amended--
(A) by striking subsection (a); and
(B) by striking ``(b)'' before ``Each advocate''.
(2) Technical amendments.--Such section is further amended--
(A) by striking ``advocate for competition of'' and
inserting ``advocate for competition designated pursuant
to section 1705(a) of title 41 for''; and
(B) by striking ``a grade GS-16 or above under the
General Schedule (or in a comparable or higher position
under another schedule)'' and inserting ``in a position
classified above GS-15 pursuant to section 5108 of title
5''.
(e) Repeal of Statutory Requirement for Designation of Individual to
Serve as Primary Liaison Between the Procurement and Research and
Development Activities of the United States Armed Forces and Those of
the State of Israel.--Section 1006 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2040; 10 U.S.C.
133a note) is repealed.
(f) Repeal of Statutory Requirement for Designation of Senior
Official to Coordinate and Manage Human Systems Integration Activities
Related to Acquisition Programs.--Section 231 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
45; 10 U.S.C. 1701 note) is amended--
[[Page 1846]]
(1) by striking ``(a) In General.--''; and
(2) by striking subsections (b), (c), and (d).
(g) Repeal of Statutory Requirement for Designation of Senior
Official Responsible for Focus on Urgent Operational Needs and Rapid
Acquisition.--Section 902 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1865; 10 U.S.C. 2302
note) is repealed.
(h) Repeal of Statutory Requirement for Designation of Senior
Official Responsible for Dual-use Projects Under Dual-use Science and
Technology Program.--Section 203 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2511 note) is
amended by striking subsection (c).
(i) Submission of Notice and Plan to Congress. <> --Not less than 30 days before reorganizing, restructuring, or
eliminating any position or office specified in this section, the
Secretary shall submit to the Committees on Armed Services of the Senate
and House of Representatives notice of such reorganization,
restructuring, or elimination together with a plan to ensure that
mission requirements are met and appropriate oversight is conducted in
carrying out such reorganization, restructuring, or elimination. Such
plan shall address how user needs will be met and how associated roles
and responsibilities will be accomplished for each position or office
that the Secretary determines requiring reorganization, restructuring,
or elimination.
SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION LAWS.
(a) Title 10, United States Code.--
(1) Section 167a.--
(A) Repeal.--Section 167a of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 6 of such title <> is amended by striking the item
relating to section 167a.
(C) Conforming amendment.--Section 905(a)(1) of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 133a
note) is amended by striking ``166b, 167, or 167a'' and
inserting ``166b or 167''.
(2) Section 2323.--
(A) Repeal.--Section 2323 of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title <> is amended by striking the item
relating to section 2323.
(C) Conforming amendments.--
(i) Section 853(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law
108-136; 10 U.S.C. 2302 note) is amended by
striking ``section 2323 of title 10, United States
Code, and''.
(ii) Section 831(n) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended--
(I) in paragraph (4), by inserting
``, as in effect on March 1, 2018''
after ``section 2323 of title 10, United
States Code''; and
[[Page 1847]]
(II) in paragraph (6), by striking
``section 2323 of title 10, United
States Code, and''.
(iii) Section 8304(1) of the Federal
Acquisition Streamlining Act of 1994 (10 U.S.C.
2375 note) is amended by striking ``section 2323
of title 10, United States Code, or''.
(iv) Section 10004(a)(1) of the Federal
Acquisition Streamlining Act of 1994 (41 U.S.C.
1122 note) is amended by striking ``section 2323
of title 10, United States Code, or''.
(v) Section 2304(b)(2) of title 10, United
States Code, is amended by striking ``and concerns
other than'' and all that follows through ``this
title''.
(vi) Section 2304e(b) of title 10, United
States Code, is amended--
(I) by striking ``other than--'' and
all that follows through ``small'' and
inserting ``other than small'';
(II) by striking ``; or'' and
inserting a period; and
(III) by striking paragraph (2).
(vii) Section 2323a(a) of title 10, United
States Code, is amended by striking ``section 2323
of this title and''.
(viii) Section 15 of the Small Business Act
(15 U.S.C. 644) is amended--
(I) in subsection (j)(3), by
striking ``section 2323 of title 10,
United States Code,'';
(II) in subsection (k)(10)--
(aa) by striking ``or
section 2323 of title 10, United
States Code,'' and all that
follows through ``subsection
(m),''; and
(bb) by striking
``subsection (a),'' and
inserting ``subsection (a) or'';
and
(III) by amending subsection (m) to
read as follows:
``(m) Additional Duties of Procurement Center Representatives.--All
procurement center representatives (including those referred to in
subsection (k)(6)), in addition to such other duties as may be assigned
by the Administrator, shall increase, insofar as possible, the number
and dollar value of procurements that may be used for the programs
established under this section and section 8(a).''.
(ix) Section 1902(b)(1) of title 41, United
States Code, is amended by striking ``, section
2323 of title 10,''.
(3) Section 2332.--
(A) Repeal.--Section 2332 of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title <> is amended by striking the item
relating to section 2332.
(b) Other Provisions of Law.--The following provisions of law are
repealed:
(1) Section 934 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2223a note).
[[Page 1848]]
(2) Section 804 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2223a note).
(3) Section 804 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2302 note).
(4) Section 829 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2302 note).
(5) Section 818(g) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2302 note).
(6) Section 815(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note).
(7) Section 141 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 2302 note).
(8) Section 801(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2302 note).
(9) Section 352 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note).
(10) Section 9004 of the Department of Defense
Appropriations Act, 1990 (Public Law 101-165; 10 U.S.C. 2302
note).
(11) Section 802 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2304 note).
(12) Section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2304 note).
(13) Section 391 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note).
(14) Section 927(b) of Public Laws 99-500, 99-591, and 99-
661 (10 U.S.C. 2304 note).
(15) Section 1222(b) of the National Defense Authorization
Act for Fiscal Year 1987 (Public Law 99-661; 10 U.S.C. 2304
note).
(16) Section 814(b) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2304a
note).
(17) Section 834 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2304b note).
(18) Section 803 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2306a note).
(19) Section 1075 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2315 note).
(20) Section 818 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2324 note).
(21) Sections 908(a), (b), (c), and (e) of Public Laws 99-
500, 99-591, and 99-661 (10 U.S.C. 2326 note).
[[Page 1849]]
(22) Section 807 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2330 note).
(23) Section 808(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2330
note).
(24) Section 812(b)-(c) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10
U.S.C. 2330 note).
(25) Section 801(d)-(f) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10
U.S.C. 2330 note).
(26) Section 802 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2330 note).
(27) Section 831 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2330a note).
(28) Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2358 note).
(29) Section 241 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2358 note).
(30) Section 913(b) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 2364
note).
(31) Sections 234(a) and (b) of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 10
U.S.C. 2364 note).
(32) Section 943(b) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2366a
note).
(33) Section 801 of the National Defense Authorization Act
for Fiscal Year 1990 (Public Law 101-189; 10 U.S.C. 2399 note).
(34) Section 8133 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79; 10 U.S.C. 2401a
note).
(35) Section 807(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2410p note).
(36) Section 1058 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 2430 note).
(37) Section 838 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
(38) Section 809 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note).
(39) Section 833 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
(40) Section 839 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
[[Page 1850]]
(41) Section 819 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2430 note).
(42) Section 5064 of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103-355; 10 U.S.C. 2430 note).
(43) Section 803 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 2430 note).
(44) Section 328 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2458 note).
(45) Section 347 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2458 note).
(46) Section 349 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2458 note).
(47) Section 395 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2458 note).
(48) Section 325 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 2461 note).
(49) Section 336 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2461 note).
(50) Section 353(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461
note).
(51) Section 353(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461
note).
(52) Section 356 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 note).
(53) Section 1010 of the USA Patriot Act of 2001 (Public Law
107-56; 10 U.S.C. 2465 note).
(54) Section 4101 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2500 note).
(55) Section 852 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2504 note).
(56) Section 823 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2521 note).
(57) Section 823 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2533b note).
(58) Section 804(h) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2533b
note).
(59) Section 842(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2533b note).
[[Page 1851]]
(60) Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 10 U.S.C. 4551 note).
SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
(a) Amendments to Title 10, United States Code.--Title 10, United
States Code, is amended as follows:
(1) Section 231a.--
(A) Repeal.--Section 231a is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 9 <>
is amended by striking the item relating to section
231a.
(2) Section 2276.--Section 2276 is amended by striking
subsection (e).
(b) NDAA for FY 2008.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended--
(1) in section 911(f) (10 U.S.C. 2271 note)--
(A) in the subsection heading, by striking ``;
Biennial Update'';
(B) in paragraph (3), by striking ``, and each
update required by paragraph (2),''; and
(C) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(2) in section 1034-- <>
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(c) NDAA for FY 2009.--Section 1047(d) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2366b note) is amended--
(1) in the subsection heading, by striking ``Bandwidth'' and
all that follows through ``The Secretary'' and inserting
``Bandwidth Requirements.--The Secretary''; and
(2) by striking paragraph (2).
(d) NDAA for FY 2010.--Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 22 U.S.C.
1928 note) is amended by striking subsection (d).
(e) NDAA for FY 2011.--Section 1217 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 22
U.S.C. 7513 note) is amended by striking subsection (i).
(f) NDAA for FY 2013.--Section 524 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1723; 10 U.S.C. 1222 note) is amended by striking subsection (c).
(g) NDAA for FY 2015.--Section 1026(d) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3490) is repealed.
(h) Military Construction Authorization Act, 1982.--Section 703 of
the Military Construction Authorization Act, 1982 (Public Law 97-99; 95
Stat. 1376) is amended by striking subsection (g).
(i) Conforming Amendments.--
(1) NDAA for fy 2017.--Section 1061 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended--
[[Page 1852]]
(A) in subsection (c), by striking paragraphs (16)
and (41);
(B) in subsection (d), by striking paragraph (3);
(C) in subsection (f), by striking paragraph (1);
(D) in subsection (g), by striking paragraph (3);
(E) in subsection (h), by striking paragraph (3);
and
(F) in subsection (i), by striking paragraphs (15),
(17), and (24).
(2) NDAA for fy 2000.--Section 1031 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph
(32).
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK OR
DELIVERY ORDER CONTRACTS.
Section 2304a(d)(3)(A) of title 10, United States Code, is amended
by striking ``reasonably perform the work'' and inserting ``efficiently
perform the work''.
SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE OF
MULTIYEAR CONTRACT AUTHORITY.
Section 2306b(i)(2)(B) of title 10, United States Code, is amended--
(1) by striking ``made after the completion of a cost
analysis'' and inserting ``supported by a preliminary cost
analysis''; and
(2) by striking ``for the purpose of section 2334(e)(1) of
this title, and that the analysis supports those preliminary
findings''.
SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON
SERVICES CONTRACTS TO CONGRESS.
(a) Revision.--Section 2329(b) of title 10, United States Code, is
amended--
(1) by striking ``October 1, 2022'' and inserting ``October
1, 2021''; and
(2) in paragraph (1)--
(A) by striking ``at or about'' and inserting ``at
or before''; and
(B) by inserting ``or on the date on which the
future-years defense program is submitted to Congress
under section 221 of this title'' after ``title 31'';
(3) in paragraph (3), by striking ``and'' at the end;
(4) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(5) be included in the future-years defense program
submitted to Congress under section 221 of this title.''.
(b) Briefing Requirement on Services Contracts.--Not later than 180
days after the date of the enactment of this Act, and every 180 days
thereafter until the requirements of section
[[Page 1853]]
2329(b) of title 10, United States Code, are met, the Under Secretary of
Defense for Acquisition and Sustainment shall brief the congressional
defense committees on the progress of Department of Defense efforts to
meet the requirements of such section, including relevant information on
the methodology and implementation plans for future compliance.
SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CONTRACTS.
Section 2330a of title 10, United States Code, is amended in
subsection (c)(1)--
(1) by inserting ``and contracts closely associated with
inherently governmental functions'' after ``staff augmentation
contracts''; and
(2) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place it appears
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING
DEFINITIONS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report clarifying the definitions of and relationships
between terms used by the Department of Defense related to services
contracting, including the appropriate use of personal services
contracts and nonpersonal services contracts, and the responsibilities
of individuals in the acquisition workforce with respect to such
contracts.
SEC. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE TO
DEPARTMENT OF DEFENSE.
(a) In General.--Section 2338 of title 10, United States Code, is
amended by striking ``Notwithstanding subsection (a) of section 1902 of
title 41, the micro-purchase threshold for the Department of Defense for
purposes of such section is $5,000'' and inserting ``The micro-purchase
threshold for the Department of Defense is $10,000''.
(b) Conforming Amendment.--Section 1902(a)(1) of title 41, United
States Code, is amended by striking ``sections 2338 and 2339 of title 10
and''.
(c) Repeal of Obsolete Authority.--
(1) In general.--Section 2339 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States
Code <> , is amended by striking the
item relating to section 2339.
SEC. 822. <> DEPARTMENT OF DEFENSE
CONTRACTING DISPUTE MATTERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall carry out a study
of the frequency and effects of bid protests involving the same contract
award or proposed award that have been filed at both the Government
Accountability Office and the United States Court of Federal Claims. The
study shall cover Department of Defense contracts and include, at a
minimum--
(1) the number of protests that have been filed with both
tribunals and results;
[[Page 1854]]
(2) the number of such protests where the tribunals differed
in denying or sustaining the action;
(3) the length of time, in average time and median time--
(A) from initial filing at the Government
Accountability Office to decision in the United States
Court of Federal Claims;
(B) from filing with each tribunal to decision by
such tribunal;
(C) from the time at which the basis of the protest
is known to the time of filing in each tribunal; and
(D) in the case of an appeal from a decision of the
United States Court of Federal Claims, from the date of
the initial filing of the appeal to decision in the
appeal;
(4) the number of protests where performance was stayed or
enjoined and for how long;
(5) if performance was stayed or enjoined, whether the
requirement was obtained in the interim through another vehicle
or in-house, or whether during the period of the stay or
enjoining the requirement went unfulfilled;
(6) separately for each tribunal, the number of protests
where performance was stayed or enjoined and monetary damages
were awarded, which shall include for how long performance was
stayed or enjoined and the amount of monetary damages;
(7) whether the protestor was a large or small business; and
(8) whether the protestor was the incumbent in a prior
contract for the same or similar product or service.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees, the Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of Representatives a report
on the results of the study, along with related recommendations for
improving the expediency of the bid protest process. In preparing the
report, the Secretary shall consult with the Attorney General of the
United States, the Comptroller General of the United States, and the
United States Court of Federal Claims.
(c) Ongoing Data Collection.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
and continuously maintain a data repository to collect on an ongoing
basis the information described in subsection (a) and any additional
relevant bid protest data the Secretary determines necessary and
appropriate to allow the Department of Defense, the Government
Accountability Office, and the United States Court of Federal Claims to
assess and review bid protests over time.
(d) Establishment of Expedited Process for Small Value Contracts.--
(1) In general.--Not later than December 1, 2019, the
Secretary of Defense shall develop a plan and schedule for an
expedited bid protest process for Department of Defense
contracts with a value of less than $100,000.
(2) Consultation.--In carrying out paragraph (1), the
Secretary of Defense may consult with the Government
Accountability Office and the United States Court of Federal
Claims
[[Page 1855]]
to the extent such entities may establish a similar process at
their election.
(3) Report.--Not later than May 1, 2019, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan and schedule for implementation of the
expedited bid protest process, which shall include a request for
any additional authorities the Secretary determines appropriate
for such efforts.
SEC. 823. <> INCLUSION OF BEST AVAILABLE
INFORMATION REGARDING PAST PERFORMANCE OF
SUBCONTRACTORS AND JOINT VENTURE PARTNERS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Federal Acquisition
Regulatory Council and the Administrator for Federal Procurement Policy,
shall develop policies for the Department of Defense to ensure the best
information regarding past performance of certain subcontractors and
joint venture partners is available when awarding Department of Defense
contracts. The policies shall include proposed revisions to the Defense
Federal Acquisition Regulation Supplement as follows:
(1) Required performance evaluations, as part of a
government-wide evaluation reporting tool, for first-tier
subcontractors on construction and architect-engineer contracts
performing a portion of the contract valued at the threshold set
forth in section 42.1502(e) of the Federal Acquisition
Regulation, or 20 percent of the value of the prime contract,
whichever is higher, provided--
(A) the information included in rating the
subcontractor is not inconsistent with the information
included in the rating for the prime contractor;
(B) the subcontractor evaluation is conducted
consistent with the provisions of section 42.15 of the
Federal Acquisition Regulation;
(C) negative evaluations of a subcontractor in no
way obviate the prime contractor's responsibility for
successful completion of the contract and management of
its subcontractors; and
(D) that in the judgment of the contracting officer,
the overall execution of the work is impacted by the
performance of the subcontractor or subcontractors.
(2) Required performance evaluations, as part of a
government-wide evaluation reporting tool, of individual
partners of joint venture-awarded construction and architect-
engineer contracts valued at the threshold set forth in section
42.1502(e) of the Federal Acquisition Regulation, to ensure that
past performance on joint venture projects is considered in
future awards to individual joint venture partners, provided--
(A) at a minimum, the rating for joint ventures
includes an identification that allows the evaluation to
be retrieved for each partner of the joint venture;
(B) each partner, through the joint venture, is
given the same opportunity to submit comments, rebutting
statements, or additional information, consistent with
the provisions of section 42.15 of the Federal
Acquisition Regulation; and
[[Page 1856]]
(C) the rating clearly identifies the
responsibilities of joint venture partners for discrete
elements of the work where the partners are not jointly
and severally responsible for the project.
(3) Processes to request exceptions from the annual
evaluation requirement under section 42.1502(a) of the Federal
Acquisition Regulation for construction and architect-engineer
contracts where submission of the annual evaluations would not
provide the best representation of the performance of a
contractor, including subcontractors and joint venture partners,
including--
(A) where no severable element of the work has been
completed;
(B) where the contracting officer determines that--
(i) an insubstantial portion of the contract
work has been completed in the preceding year; and
(ii) the lack of performance is at no fault to
the contractor; or
(C) where the contracting officer determines that
there is an issue in dispute which, until resolved,
would likely cause the annual rating to inaccurately
reflect the past performance of the contractor.
SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYSTEMS.
(a) Amendment.--Section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
2302 note) is amended--
(1) in subsection (g), by adding at the end the following
new paragraph:
``(5) The term `approved purchasing system' has the meaning
given the term in section 44.101 of the Federal Acquisition
Regulation (or any similar regulation).''; and
(2) by adding at the end the following new subsection:
``(i) Consent to Subcontract.--If the contractor on a Department of
Defense contract requiring a contracting officer's written consent prior
to the contractor entering into a subcontract has an approved purchasing
system, the contracting officer may not withhold such consent without
the written approval of the program manager.''.
(b) <> Conforming Regulations.--Not later
than 120 days after the date of the enactment of this Act, the Secretary
of Defense shall revise the Defense Federal Acquisition Regulation
Supplement to conform with the amendments to section 893 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note) made by this section.
SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIREMENT FOR
CERTIFIED COST AND PRICE DATA.
Section 817(b)(2) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2306a note) is
amended by striking ``; and'' and inserting ``; or''.
[[Page 1857]]
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST TARGETS
AND FIELDING TARGETS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Revisions in Authority Relating to Program Cost and Fielding
Targets.--Section 2448a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Secretary of Defense''
and inserting ``designated milestone decision authority for the
program'';
(2) by striking ``the milestone decision authority for the
major defense acquisition program approves a program that'' and
inserting ``the program'';
(3) by striking subsection (b); and
(4) by redesignating subsection (c) as subsection (b).
(b) Conforming Amendments.--
(1) Section 181(b) of title 10, United States Code, is
amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (3), (4), (5), and (6), respectively.
(2) Section 2366a(c)(1)(A) of such title is amended by
striking ``by the Secretary of Defense''.
(3) Section 2366b of such title is amended--
(A) in subsection (a)(3)(D), by striking ``Secretary
of Defense after a request for such increase or delay by
the''; and
(B) in subsection (c)(1)(A), by striking ``by the
Secretary of Defense''.
(4) Section 925(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2361; 10
U.S.C. 2448a note) is amended by striking ``Deputy Secretary of
Defense and the Vice Chairman of the Joint Chiefs of Staff'' and
inserting ``designated milestone decision authority for the
major defense acquisition program and the Vice Chief of Staff of
the armed force concerned or, in the case of a program for which
an alternate milestone decision authority is designated under
section 2430(d)(2) of such title, the Vice Chairman of the Joint
Chiefs of Staff''.
SEC. 832. <> IMPLEMENTATION OF
RECOMMENDATIONS OF THE INDEPENDENT STUDY
ON CONSIDERATION OF SUSTAINMENT IN WEAPONS
SYSTEMS LIFE CYCLE.
(a) Implementation Required.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense shall,
except as provided under subsection (b), commence implementation of each
recommendation submitted as part of the independent assessment produced
under section 844 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2290).
(b) Exceptions.--
(1) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described under
subsection (a) later than the date required under such
[[Page 1858]]
subsection if the Secretary provides the congressional defense
committees with a specific justification for the delay in
implementation of such recommendation.
(2) Nonimplementation.--The Secretary of Defense may opt not
to implement a recommendation described under subsection (a) if
the Secretary provides to the congressional defense committees--
(A) the reasons for the decision not to implement
the recommendation; and
(B) a summary of the alternative actions the
Secretary plans to take to address the purposes
underlying the recommendation.
(c) Implementation Plans.--For each recommendation that the
Secretary is implementing, or that the Secretary plans to implement, the
Secretary shall submit to the congressional defense committees--
(1) a summary of actions that have been taken to implement
the recommendation; and
(2) a schedule, with specific milestones, for completing the
implementation of the recommendation.
SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS
AND RELATED INITIATIVES.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2229b. <> Comptroller General
assessment of acquisition programs and
initiatives
``(a) Assessment Required.--The Comptroller General of the United
States shall submit to the congressional defense committees an annual
assessment of selected acquisition programs and initiatives of the
Department of Defense by March 30th of each year from 2020 through 2023.
``(b) Analyses To Be Included.--The assessment required under
subsection (a) shall include--
``(1) a macro analysis of how well acquisition programs and
initiatives are performing and reasons for that performance;
``(2) a summary of organizational and legislative changes
and emerging assessment methodologies since the last assessment,
and a discussion of the implications for execution and oversight
of programs and initiatives; and
``(3) specific analyses of individual acquisition programs
and initiatives.
``(c) Acquisition Programs and Initiatives to Be Considered.--The
assessment required under subsection (a) shall consider the following
programs and initiatives:
``(1) Selected weapon systems, as determined appropriate by
the Comptroller General.
``(2) Selected information technology systems and
initiatives, including defense business systems, networks, and
software-intensive systems, as determined appropriate by the
Comptroller General.
``(3) Selected prototyping and rapid fielding activities and
initiatives, as determined appropriate by the Comptroller
General.''.
[[Page 1859]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <> is amended by inserting after
the item relating to section 2229a the following new item:
``2229b. Comptroller General assessment of acquisition programs and
related initiatives.''.
(c) <> Repeal of Superseded Authority.--
Section 883(d) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2222 note) is amended by striking
paragraph (1), effective on January 1, 2020.
Subtitle D--Provisions Relating to Commercial Items
SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PURPOSES
OF FEDERAL ACQUISITION STATUTES.
(a) Definitions in Chapter 1 of Title 41, United States Code.--
(1) Separation of ``commercial item'' definition into
definitions of ``commercial product'' and ``commercial
service''.--Chapter 1 of title 41, United States Code, is
amended by striking section 103 and inserting the following new
sections:
``Sec. 103. <> Commercial product
``In this subtitle, the term `commercial product' means any of the
following:
``(1) A product, other than real property, that--
``(A) is of a type customarily used by the general
public or by nongovernmental entities for purposes other
than governmental purposes; and
``(B) has been sold, leased, or licensed, or offered
for sale, lease, or license, to the general public.
``(2) A product that--
``(A) evolved from a product described in paragraph
(1) through advances in technology or performance; and
``(B) is not yet available in the commercial
marketplace but will be available in the commercial
marketplace in time to satisfy the delivery requirements
under a Federal Government solicitation.
``(3) A product that would satisfy the criteria in paragraph
(1) or (2) were it not for--
``(A) modifications of a type customarily available
in the commercial marketplace; or
``(B) minor modifications made to meet Federal
Government requirements.
``(4) Any combination of products meeting the requirements
of paragraph (1), (2), or (3) that are of a type customarily
combined and sold in combination to the general public.
``(5) A product, or combination of products, referred to in
paragraphs (1) through (4), even though the product, or
combination of products, is transferred between or among
separate divisions, subsidiaries, or affiliates of a contractor.
``(6) A nondevelopmental item if the procuring agency
determines, in accordance with conditions in the Federal
Acquisition Regulation, that--
[[Page 1860]]
``(A) the product was developed exclusively at
private expense; and
``(B) has been sold in substantial quantities, on a
competitive basis, to multiple State and local
governments or to multiple foreign governments.
``Sec. 103a. <> Commercial service
``In this subtitle, the term `commercial service' means any of the
following:
``(1) Installation services, maintenance services, repair
services, training services, and other services if--
``(A) those services are procured for support of a
commercial product, regardless of whether the services
are provided by the same source or at the same time as
the commercial product; and
``(B) the source of the services provides similar
services contemporaneously to the general public under
terms and conditions similar to those offered to the
Federal Government;
``(2) Services of a type offered and sold competitively, in
substantial quantities, in the commercial marketplace--
``(A) based on established catalog or market prices;
``(B) for specific tasks performed or specific
outcomes to be achieved; and
``(C) under standard commercial terms and
conditions.
``(3) A service described in paragraph (1) or (2), even
though the service is transferred between or among separate
divisions, subsidiaries, or affiliates of a contractor.''.
(2) Conforming amendments to title 41 definitions.--
(A) Definition of commercial component.--Section 102
of such title is amended by striking ``commercial item''
and inserting ``commercial product''.
(B) Definition of commercially available off-the-
shelf item.--Section 104(1)(A) is amended by striking
``commercial item'' and inserting ``commercial
product''.
(C) Definition of nondevelopmental item.--Section
110(1) of such title is amended by striking ``commercial
item'' and inserting ``commercial product''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 1 of title 41, United States
Code <> , is amended by striking the
item relating to section 103 and inserting the following new
items:
``103. Commercial product.
``103a. Commercial service.''.
(b) Conforming Amendments to Other Provisions of Title 41, United
States Code.--Title 41, United States Code, is further amended as
follows:
(1) Section 1502(b) is amended--
(A) in paragraph (1)(A), by striking ``commercial
items'' and inserting ``commercial products or
commercial services'';
(B) in paragraph (1)(C)(i), by striking ``commercial
item'' and inserting ``commercial product or commercial
service''; and
[[Page 1861]]
(C) in paragraph (3)(A)(i), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''.
(2) Section 1705(c) <> is amended by
striking ``commercial items'' and inserting ``commercial
products and commercial services''.
(3) Section 1708 is amended by striking ``commercial items''
in subsections (c)(6) and (e)(3) and inserting ``commercial
products or commercial services''.
(4) Section 1901 is amended--
(A) in subsection (a)(2), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''; and
(B) in subsection (e)--
(i) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products and Commercial Services''; and
(ii) by striking ``commercial items'' and
inserting ``commercial products or commercial
services''.
(5) Section 1903(c) is amended--
(A) in the subsection heading, by striking
``Commercial Item'' and inserting ``Commercial Product
or Commercial Service'';
(B) in paragraph (1), by striking ``as a commercial
item'' and inserting ``as a commercial product or a
commercial service''; and
(C) in paragraph (2), by striking ``for an item or
service treated as a commercial item'' and inserting
``for a product or service treated as a commercial
product or a commercial service''.
(6)(A) Section 1906 is amended by striking ``commercial
items'' each place it appears in subsections (b), (c), and (d)
and inserting ``commercial products or commercial services''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 1906. List of laws inapplicable to procurements of
commercial products and commercial services''.
(ii) <> The table of sections at
the beginning of chapter 19 is amended by striking the item
relating to section 1906 and inserting the following new item:
``1906. List of laws inapplicable to procurements of commercial products
and commercial services.''.
(7) Section 3304 is amended by striking ``commercial item''
in subsections (a)(5) and (e)(4)(B) and inserting ``commercial
product''.
(8) Section 3305(a)(2) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(9) Section 3306(b) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(10)(A) Section 3307 is amended--
(i) in subsection (a)--
[[Page 1862]]
(I) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products and Commercial Services'';
(II) in paragraph (1), by striking
``commercial items'' and inserting ``commercial
products and commercial services''; and
(III) in paragraph (2), by striking ``a
commercial item'' and inserting ``a commercial
product or commercial service'';
(ii) in subsection (b)--
(I) in paragraph (2), by striking ``commercial
items or, to the extent that commercial items
suitable to meet the executive agency's needs are
not available, nondevelopmental items other than
commercial items'' and inserting ``commercial
services or commercial products or, to the extent
that commercial products suitable to meet the
executive agency's needs are not available,
nondevelopmental items other than commercial
products''; and
(II) in paragraph (3), by striking
``commercial items and nondevelopmental items
other than commercial items'' and inserting
``commercial services, commercial products, and
nondevelopmental items other than commercial
products'';
(iii) in subsection (c)--
(I) in paragraphs (1) and (2), by striking
``commercial items or nondevelopmental items other
than commercial items'' and inserting ``commercial
services or commercial products or
nondevelopmental items other than commercial
products'';
(II) in paragraphs (3) and (4), by striking
``commercial items or, to the extent that
commercial items suitable to meet the executive
agency's needs are not available, nondevelopmental
items other than commercial items'' and inserting
``commercial services or commercial products or,
to the extent that commercial products suitable to
meet the executive agency's needs are not
available, nondevelopmental items other than
commercial products''; and
(III) in paragraphs (5) and (6), by striking
``commercial items'' and inserting ``commercial
products and commercial services'';
(iv) in subsection (d)(2), by striking ``commercial
items or, to the extent that commercial items suitable
to meet the executive agency's needs are not available,
nondevelopmental items other than commercial items'' and
inserting ``commercial services or commercial products
or, to the extent that commercial products suitable to
meet the executive agency's needs are not available,
nondevelopmental items other than commercial products'';
and
(v) in subsection (e)--
(I) in paragraph (1), by inserting ``103a,
104,'' after ``sections 102, 103,'';
(II) in paragraph (2)(A), by striking
``commercial items'' and inserting ``commercial
products or commercial services'';
[[Page 1863]]
(III) in the first sentence of paragraph
(2)(B), by striking ``commercial end items'' and
inserting ``end items that are commercial
products'';
(IV) in paragraphs (2)(B)(i), (2)(C)(i) and
(2)(D), by striking ``commercial items or
commercial components'' and inserting ``commercial
products, commercial components, or commercial
services'';
(V) in paragraph (2)(C), in the matter
preceding clause (i), by striking ``commercial
items'' and inserting ``commercial products or
commercial services'';
(VI) in paragraph (4)(A), by striking
``commercial items'' and inserting ``commercial
products or commercial services'';
(VII) in paragraph (4)(C)(i), by striking
``commercial item, as described in section
103(5)'' and inserting ``commercial product, as
described in section 103a(1)''; and
(VIII) in paragraph (5), by striking ``items''
each place it appears and inserting ``products''.
(B)(i) The heading of such section <>
is amended to read as follows:
``Sec. 3307. Preference for commercial products and commercial
services''.
(ii) <> The table of sections at
the beginning of chapter 33 is amended by striking the item
relating to section 3307 and inserting the following new item:
``3307. Preference for commercial products and commercial services.''.
(11) Section 3501 is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively; and
(iii) in paragraph (2) (as so redesignated),
by striking ``commercial items'' and inserting
``commercial products or commercial services'';
and
(B) in subsection (b)--
(i) by striking ``item'' in the heading for
paragraph (1); and
(ii) by striking ``commercial items'' in
paragraphs (1) and (2)(A) and inserting
``commercial services''.
(12) Section 3503 is amended--
(A) in subsection (a)(2), by striking ``a commercial
item'' and inserting ``a commercial product or a
commercial service''; and
(B) in subsection (b)--
(i) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products or Commercial Services''; and
(ii) by striking ``a commercial item'' each
place it appears and inserting ``a commercial
product or a commercial service''.
(13) Section 3505(b) is amended by striking ``commercial
items'' each place it appears and inserting ``commercial
products or commercial services''.
[[Page 1864]]
(14) Section 3509(b) <> is amended by
striking ``commercial items'' and inserting ``commercial
products or commercial services''.
(15) Section 3704(c)(5) is amended by striking ``commercial
item'' and inserting ``commercial product''.
(16) Section 3901(b)(3) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(17) Section 4301(2) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(18)(A) Section 4505 is amended by striking ``commercial
items'' in subsections (a) and (c) and inserting ``commercial
products or commercial services''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 4505. Payments for commercial products and commercial
services''.
(ii) <> The table of sections at
the beginning of chapter 45 is amended by striking the item
relating to section 4505 and inserting the following new item:
``4505. Payments for commercial products and commercial services.''.
(19) Section 4704(d) is amended by striking ``commercial
items'' both places it appears and inserting ``commercial
products or commercial services''.
(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are
amended by striking ``commercial items (as defined in section
103 of this title)'' and inserting ``commercial products or
commercial services (as defined in sections 103 and 103a,
respectively, of this title)''.
(c) Amendments to Chapter 137 of Title 10, United States Code.--
Chapter 137 of title 10, United States Code, is amended as follows:
(1) Section 2302(3) is amended--
(A) by redesignating subparagraphs (J), (K), and (L)
as subparagraphs (K), (L), and (M); and
(B) by striking subparagraph (I) and inserting the
following new subparagraphs (I) and (J):
``(I) The term `commercial product'.
``(J) The term `commercial service'.''.
(2) Section 2304 is amended--
(A) in subsections (c)(5) and (f)(2)(B), by striking
``brand-name commercial item'' and inserting ``brand-
name commercial product'';
(B) in subsection (g)(1)(B), by striking
``commercial items'' and inserting ``commercial products
or commercial services''; and
(C) in subsection (i)(3), by striking ``commercial
items'' and inserting ``commercial products''.
(3) Section 2305 is amended--
(A) in subsection (a)(2), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''; and
(B) in subsection (b)(5)(B)(v), by striking
``commercial item'' and inserting ``commercial
product''.
[[Page 1865]]
(4) Section 2306(b) <> is amended by
striking ``commercial items'' and inserting ``commercial
products or commercial services''.
(5) Section 2306a is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B), by striking ``a
commercial item'' and inserting ``a commercial
product or a commercial service'';
(ii) in paragraph (2)--
(I) by striking ``Commercial items''
in the paragraph heading and inserting
``Commercial products or commercial
services''; and
(II) by striking ``commercial item''
each place it appears and inserting
``commercial product or commercial
services'';
(iii) in paragraph (3)--
(I) by striking ``Commercial items''
in the paragraph heading and inserting
``Commercial products''; and
(II) by striking ``item'' each place
it appears and inserting ``product'';
and
(iv) in paragraph (4)--
(I) by striking ``Commercial item''
in the paragraph heading and inserting
``Commercial product or commercial
service'';
(II) by striking ``commercial item''
in subparagraph (A) after ``applying
the'';
(III) by striking ``prior commercial
item determination'' in subparagraph (A)
and inserting ``prior commercial product
or commercial service determination'';
(IV) by striking ``of such item'' in
subparagraph (A) and inserting ``of such
product or service'';
(V) by striking ``of an item
previously determined to be a commercial
item'' in subparagraph (B) and inserting
``of a product or service previously
determined to be a commercial product or
a commercial service'';
(VI) by striking ``of a commercial
item,'' in subparagraph (B) and
inserting ``of a commercial product or a
commercial service, as the case may
be,'';
(VII) by striking ``the commercial
item determination'' in subparagraph (B)
and inserting ``the commercial product
or commercial service determination'';
and
(VIII) by striking ``commercial
item'' in subparagraph (C); and
(v) in paragraph (5), by striking ``commercial
items'' and inserting ``commercial products or
commercial services'';
(B) in subsection (d)(2), by striking ``commercial
items'' each place it appears and inserting ``commercial
products or commercial services''; and
(C) in subsection (h)--
[[Page 1866]]
(i) in paragraph (2), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''; and
(ii) by striking paragraph (3).
(6) Section 2307(f) <> is amended--
(A) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial Products
and Commercial Services''; and
(B) by striking ``commercial items'' in paragraphs
(1) and (2) and inserting ``commercial products and
commercial services''.
(7) Section 2320(b) is amended--
(A) in paragraph (1), by striking ``a commercial
item, the item'' and inserting ``a commercial product,
the product''; and
(B) in paragraph (9)(A), by striking ``any
noncommercial item or process'' and inserting ``any
noncommercial product or process''.
(8) Section 2321(f) is amended--
(A) in paragraph (1)--
(i) by striking ``commercial items'' and
inserting ``commercial products''; and
(ii) by striking ``the item'' both places it
appears and inserting ``commercial products''; and
(B) in paragraph (2)(A), in clauses (i) and (ii), by
striking ``commercial item'' and inserting ``commercial
product''.
(9) Section 2324(l)(1)(A) is amended by striking
``commercial items'' and inserting ``commercial products or
commercial services''.
(10) Section 2335(b) is amended by striking ``commercial
items'' and inserting ``commercial products and commercial
services''.
(d) Amendments to Chapter 140 of Title 10, United States Code.--
Chapter 140 of title 10, United States Code, is amended as follows:
(1) Section 2375 is amended--
(A) in subsection (a), by striking ``commercial
item'' in paragraphs (1) and (2) and inserting
``commercial product or commercial service'';
(B) in subsections (b) and (c)--
(i) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products and Commercial Services''; and
(ii) by striking ``commercial items'' each
place it appears and inserting ``commercial
products and commercial services''; and
(C) in subsection (e)(3), by striking ``commercial
items'' and inserting ``commercial products and
commercial services''.
(2) Section 2376(1) is amended--
(A) by striking ``terms `commercial item','' and
inserting ``terms `commercial product', `commercial
service',''; and
(B) by striking ``chapter 1 of title 41'' and
inserting ``sections 103, 103a, 110, 105, and 102,
respectively, of title 41''.
(3) Section 2377 is amended--
[[Page 1867]]
(A) in subsection (a)--
(i) in paragraph (2), by striking ``commercial
items or, to the extent that commercial items
suitable to meet the agency's needs are not
available, nondevelopmental items other than
commercial items'' and inserting ``commercial
services or commercial products or, to the extent
that commercial products suitable to meet the
agency's needs are not available, nondevelopmental
items other than commercial products''; and
(ii) in paragraph (3), by striking
``commercial items and nondevelopmental items
other than commercial items'' and inserting
``commercial services, commercial products, and
nondevelopmental items other than commercial
products'';
(B) in subsection (b)--
(i) in paragraphs (1) and (2), by striking
``commercial items or nondevelopmental items other
than commercial items'' and inserting ``commercial
services, commercial products, or nondevelopmental
items other than commercial products'';
(ii) in paragraphs (3) and (4), by striking
``commercial items or, to the extent that
commercial items suitable to meet the agency's
needs are not available, nondevelopmental items
other than commercial items'' and inserting
``commercial services or commercial products or,
to the extent that commercial products suitable to
meet the agency's needs are not available,
nondevelopmental items other than commercial
products''; and
(iii) in paragraphs (5) and (6), by striking
``commercial items'' and inserting ``commercial
products and commercial services'';
(C) in subsection (c)--
(i) in paragraph (2), by striking ``commercial
items or, to the extent that commercial items
suitable to meet the agency's needs are not
available, nondevelopmental items other than
commercial items'' and inserting ``commercial
services or commercial products or, to the extent
that commercial products suitable to meet the
agency's needs are not available, nondevelopmental
items other than commercial products''; and
(ii) in paragraph (4), by striking ``items
other than commercial items'' and inserting
``products other than commercial products or
services other than commercial services'';
(D) in subsection (d)--
(i) in the first sentence, by striking
``commercial items'' and inserting ``commercial
products or commercial services'';
(ii) in paragraph (1), by striking ``items''
and inserting ``products or services''; and
(iii) in paragraph (2), by striking ``items''
and inserting ``products or services''; and
[[Page 1868]]
(E) in subsection (e)(1), by striking ``commercial
items'' and inserting ``commercial products and
commercial services''.
(4) Section 2379 <> is amended--
(A) by striking ``Commercial Items'' in the headings
of subsections (b) and (c) and inserting ``Commercial
Products'';
(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B),
by striking ``, as defined in section 103 of title 41'';
and
(C) by striking ``commercial item'' and ``commercial
items'' each place they appear and inserting
``commercial product'' and ``commercial products'',
respectively.
(5) Section 2380 is amended--
(A) in subsection (a), by striking ``commercial item
determinations'' in paragraphs (1) and (2) and inserting
``commercial product and commercial service
determinations''; and
(B) in subsection (b) (as added by section 848 of
the National Defense Authorization Act for Fiscal Year
2018)--
(i) by striking ``Item'' in the subsection
heading;
(ii) by striking ``an item'' each place it
appears and inserting ``a product or service'';
(iii) by striking ``item'' after ``using
commercial'' each place it appears;
(iv) by striking ``prior commercial item
determination'' and inserting ``prior commercial
product or service determination'';
(v) by striking ``such item'' and inserting
``such product or service''; and
(vi) by striking ``the item'' both places it
appears and inserting ``the product or service''.
(6) Section 2380a is amended--
(A) in subsection (a)--
(i) by striking ``items and'' and inserting
``products and''; and
(ii) by striking ``commercial items'' and
inserting ``commercial products and commercial
services, respectively,''; and
(B) in subsection (b), by striking ``commercial
items'' and inserting ``commercial services''.
(7) Section 2380B is amended by striking ``commercial item''
and inserting ``commercial product''.
(8) Amendments to headings, etc.--
(A) The heading of such chapter <> is amended to read as follows:
``CHAPTER 140--PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES''.
(B) The heading of section 2375 is amended to read
as follows:
``Sec. 2375. Relationship of other provisions of law to
procurement of commercial products and
commercial services''.
(C) The heading of section 2377 is amended to read
as follows:
[[Page 1869]]
``Sec. 2377. Preference for commercial products and commercial
services''.
(D) The heading of section 2379 <> is amended to read as follows:
``Sec. 2379. Procurement of a major weapon system as a commercial
product: requirement for prior determination by
Secretary of Defense and notification to
Congress''.
(E) The heading of section 2380 is amended to read
as follows:
``Sec. 2380. Commercial product and commercial service
determinations by Department of Defense''.
(F) The heading of section 2380a is amended to read
as follows:
``Sec. 2380a. Treatment of certain products and services as
commercial products and commercial services''.
(G) Section 2380B is redesignated as section 2380b
and the heading of that section is amended to read as
follows:
``Sec. 2380b. Treatment of commingled items purchased by
contractors as commercial products''.
(H) The table of sections at the beginning of such
chapter is amended <> to read
as follows:
``2375. Relationship of other provisions of law to procurement of
commercial products and commercial services.
``2376. Definitions.
``2377. Preference for commercial products and commercial services.
``2379. Procurement of a major weapon system as a commercial product:
requirement for prior determination by Secretary of Defense
and notification to Congress.
``2380. Commercial product and commercial service determinations by
Department of Defense.
``2380a. Treatment of certain products and services as commercial
products and commercial services.
``2380b. Treatment of commingled items purchased by contractors as
commercial products.''.
(e) Other Amendments to Title 10, United States Code.--Title 10,
United States Code, is further amended as follows:
(1) Section 2226(b) is amended by striking ``for services''
and all that follows through ``deliverable items'' and inserting
``for services or deliverable items''.
(2) Section 2384(b)(2) is amended by striking ``commercial
items'' and inserting ``commercial products''.
(3) Section 2393(d) is amended by striking ``commercial
items (as defined in section 103 of title 41)'' and inserting
``commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)''.
(4) Section 2402(d) is amended--
(A) in paragraph (1), by striking ``commercial
items'' both places it appears and inserting
``commercial products or commercial services''; and
(B) in paragraph (2), by striking ``the term'' and
all that follows and inserting ``the terms `commercial
product' and `commercial service' have the meanings
given those terms in sections 103 and 103a,
respectively, of title 41.''.
[[Page 1870]]
(5) Section 2408(a)(4)(B) <> is amended
by striking ``commercial items (as defined in section 103 of
title 41)'' and inserting ``commercial products or commercial
services (as defined in sections 103 and 103a, respectively, of
title 41)''.
(6) Section 2410b(c) is amended by striking ``commercial
items'' and inserting ``commercial products''.
(7) Section 2410g(d)(1) is amended by striking ``Commercial
items (as defined in section 103 of title 41)'' and inserting
``Commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)''.
(8) Section 2447a is amended--
(A) in subsection (a)(2), by striking ``commercial
items and technologies'' and inserting ``commercial
products and technologies''; and
(B) in subsection (c), by inserting before the
period at the end the following: ``and the term
`commercial product' has the meaning given that term in
section 103 of title 41''.
(9) Section 2451(d) is amended by striking ``commercial
items'' and inserting ``commercial products (as defined in
section 103 of title 41)''.
(10) Section 2464 is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''; and
(ii) in paragraph (5), by striking ``The
commercial items covered by paragraph (3) are
commercial items'' and inserting ``The commercial
products or commercial services covered by
paragraph (3) are commercial products (as defined
in section 103 of title 41) or commercial services
(as defined in section 103a of such title)''; and
(B) in subsection (c)--
(i) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products or Commercial Services''; and
(ii) by striking ``commercial item'' and
inserting ``commercial product or commercial
service''.
(11) Section 2484(f) is amended--
(A) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products''; and
(B) by striking ``commercial item'' and inserting
``commercial product''.
(12) The items relating to chapter 140 in the tables of
chapters at the beginning of subtitle A, and at the beginning of
part IV of subtitle A <> ,
are amended to read as follows:
``140. Procurement of Commercial Products and Commercial Services2377''.
(f) Amendments to Provisions of National Defense Authorization
Acts.--
(1) Section 806(b) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2302 note) is amended by striking ``commercial items (as defined
in section 103 of title 41, United States Code)'' and inserting
``commercial products or commercial services (as
[[Page 1871]]
defined in sections 103 and 103a, respectively, of title 41,
United States Code)''.
(2) Section 821(e) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 10 U.S.C. 2302 note) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Section 821(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2304 note)
is amended--
(A) in paragraph (1), by striking ``a commercial
item'' and inserting ``a commercial product or a
commercial service'';
(B) in paragraph (2), by striking ``commercial
item'' and inserting ``commercial product''; and
(C) by adding at the end the following new
paragraph:
``(3) The term `commercial service' has the meaning provided
by section 103a of title 41, United States Code.''.
(4) Section 817(d) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2306a note) is amended--
(A) in paragraph (1), by striking ``commercial item
exceptions'' and inserting ``commercial product-
commercial service exceptions''; and
(B) in paragraph (2), by striking ``commercial item
exception'' and inserting ``commercial product-
commercial service exception'';
(5) Section 852(b)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2324 note) is amended by striking ``a commercial item, as
defined in section 103 of title 41'' and inserting ``a
commercial product or a commercial service, as defined in
sections 103 and 103a, respectively, of title 41''.
(6) Section 805 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2330 note)
is amended--
(A) in subsection (b), by striking ``commercial
items'' in paragraphs (1) and (2)(A) and inserting
``commercial services''; and
(B) in subsection (c)--
(i) by striking ``item'' in the headings for
paragraphs (1) and (2) and inserting ``services'';
(ii) in the matter in paragraph (1) preceding
subparagraph (A), by striking ``commercial item''
and inserting ``commercial service'';
(iii) in paragraph (1)(A), by striking ``a
commercial item, as described in section 103(5) of
title 41'' and inserting ``a service, as described
in section 103a(1) of title 41'';
(iv) in paragraph (1)(C)(i), by striking
``section 103(6) of title 41'' and inserting
``section 103a(2) of title 41''; and
(v) in paragraph (2), by striking ``item'' and
inserting ``service''.
(7) Section 849(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2377 note)
is amended--
[[Page 1872]]
(A) by striking ``commercial items'' in paragraph
(1) and inserting ``commercial products'';
(B) by striking ``commercial item'' in paragraph
(3)(B)(i) and inserting ``commercial product''; and
(C) by adding at the end the following new
paragraph:
``(5) Definition.--In this subsection, the term `commercial
product' has the meaning given that term in section 103 of title
41.''.
(8) Section 856(a)(1) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2377
note) is amended by striking ``commercial items or services''
and inserting ``a commercial product or a commercial service, as
defined in sections 103 and 103a, respectively, of title 41,''.
(9) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note)
is amended--
(A) in the section heading, by striking ``commercial
items'' and inserting ``commercial products'';
(B) in subsection (a), by striking ``commercial
items'' and inserting ``commercial products'';
(C) in subsection (c)(3)--
(i) by striking ``Commercial items'' in the
paragraph heading and inserting ``Commercial
products or commercial services''; and
(ii) by striking ``commercial items'' and
inserting ``commercial products or commercial
services''; and
(D) in subsection (e)(2), by striking ``item'' in
subparagraphs (A) and (B) and inserting ``products''.
(10) Section 880 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 41 U.S.C. 3301 note)
is amended by striking ``commercial items'' in subsection (a)(1)
and inserting ``commercial products''.
(g) Conforming Amendments to Other Statutes.--
(1) Section 604(g) of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b(g)) is amended--
(A) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products'';
(B) by striking ``procurement of commercial'' in the
first sentence and all that follows through ``items
listed'' and inserting ``procurement of commercial
products notwithstanding section 1906 of title 41,
United States Code, with the exception of commercial
products listed''; and
(C) in the second sentence--
(i) by inserting ``product'' after
``commercial''; and
(ii) by striking ``in the'' and all that
follows and inserting ``in section 103 of title
41, United States Code.''.
(2) Section 142 of the Higher Education Act of 1965 (20
U.S.C. 1018a) is amended--
(A) in subsection (e)--
(i) by striking ``Commercial Items'' in the
subsection heading and inserting ``Commercial
Products and Commercial Services'';
(ii) by striking ``that commercial items'' and
inserting ``that commercial products or commercial
services'';
[[Page 1873]]
(iii) by striking ``special rules for
commercial items'' and inserting ``special rules
for commercial products and commercial services'';
(iv) by striking ``without regard to--'' and
all that follows through ``dollar limitation'' and
inserting ``without regard to any dollar
limitation'';
(v) by striking ``; and'' and inserting a
period; and
(vi) by striking paragraph (2);
(B) in subsection (f)--
(i) by striking ``Items'' in the subsection
heading and inserting ``Products and Services'';
(ii) by striking ``Items'' in the heading of
paragraph (2) and inserting ``Products and
services''; and
(iii) by striking ``a commercial item'' in
paragraph (2) and inserting ``a commercial product
or a commercial service'';
(C) in subsection (h)--
(i) by striking ``Items'' in the subsection
heading and inserting ``Services''; and
(ii) by striking ``commercial items'' in
paragraph (1) and inserting ``commercial
services''; and
(D) in subsection (l)--
(i) by redesignating paragraphs (2), (3), (4),
and (5) as paragraphs (3), (4), (5), and (6),
respectively;
(ii) by striking paragraph (1) and inserting
the following new paragraphs:
``(1) Commercial product.--The term `commercial product' has
the meaning given the term in section 103 of title 41, United
States Code.
``(2) Commercial service.--The term `commercial service' has
the meaning given the term in section 103a of title 41, United
States Code.'';
(iii) in paragraph (3), as so redesignated, by
striking ``in section'' and all that follows and
inserting ``in section 152 of title 41, United
States Code.'';
(iv) in paragraph (5), as so redesignated--
(I) by striking ``Commercial items''
in the paragraph heading and inserting
``Commercial products and commercial
services'';
(II) by striking ``commercial
items'' and inserting ``commercial
products and commercial services''; and
(III) by striking ``pursuant to''
and all that follows and inserting
``pursuant to sections 1901 and 3305(a)
of title 41, United States Code.''; and
(v) in paragraph (6), as so redesignated, by
striking ``pursuant to'' and all that follows and
inserting ``pursuant to sections 1901(a)(1) and
3305(a)(1) of title 41, United States Code.''.
(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States
Code, is amended by striking ``commercial item'' and inserting
``commercial product''.
(4) Section 2455(c)(1) of the Federal Acquisition
Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by
striking ``commercial items'' and inserting ``commercial
products''.
(5) Section 508(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1368(f)) is amended--
[[Page 1874]]
(A) in paragraph (1), by striking ``commercial
items'' and inserting ``commercial products or
commercial services''; and
(B) in paragraph (2), by striking ``the term'' and
all that follows and inserting ``the terms `commercial
product' and `commercial service' have the meanings
given those terms in sections 103 and 103a,
respectively, of title 41, United States Code.''.
(6) Section 3707 of title 40, United States Code, is amended
by striking ``a commercial item (as defined in section 103 of
title 41)'' and inserting ``a commercial product (as defined in
section 103 of title 41) or a commercial service (as defined in
section 103a of title 41)''.
(7) Subtitle III of title 40, United States Code, is
amended--
(A) in section 11101(1), by striking ``Commercial
item.--The term `commercial item' has'' and inserting
``Commercial product.--The term `commercial product'
has''; and
(B) in section 11314(a)(3), by striking ``items''
each place it appears and inserting ``products''.
(8) Section 8301(g) of the Federal Acquisition Streamlining
Act of 1994 (42 U.S.C. 7606 note) is amended by striking
``commercial items'' and inserting ``commercial products or
commercial services''.
(9) Section 40118(f) of title 49, United States Code, is
amended--
(A) in paragraph (1), by striking ``commercial
items'' and inserting ``commercial products''; and
(B) in paragraph (2), by striking ``commercial
item'' and inserting ``commercial product''.
(10) Chapter 501 of title 51, United States Code, is
amended--
(A) in section 50113(c)--
(i) by striking ``Commercial Item'' in the
subsection heading and inserting ``Commercial
Product or Commercial Service''; and
(ii) by striking ``commercial item'' in the
second sentence and inserting ``commercial product
or commercial service''; and
(B) in section 50115(b)--
(i) by striking ``Commercial Item'' in the
subsection heading and inserting ``Commercial
Product or Commercial Service''; and
(ii) by striking ``commercial item'' in the
second sentence and inserting ``commercial product
or commercial service''; and
(C) in section 50132(a)--
(i) by striking ``Commercial Item'' in the
subsection heading and inserting ``Commercial
Service''; and
(ii) by striking ``commercial item'' in the
second sentence and inserting ``commercial
service''.
(h) <> Effective Date and Savings
Provision.--The amendments made by subsections (a) through (g) shall
take effect on January 1, 2020. Any provision of law that on the day
before such effective date is on a list of provisions of law included in
the Federal Acquisition Regulation pursuant to section 1907 of
[[Page 1875]]
title 41, United States Code, shall be deemed as of that effective date
to be on a list of provisions of law included in the Federal Acquisition
Regulation pursuant to section 1906 of such title.
(i) Implementation Plan Required.--Not later than April 1, 2019, the
Under Secretary of Defense for Acquisition and Sustainment, in
coordination with members of the Defense Business Board, the Defense
Science Board, and the Defense Innovation Board as appropriate, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives an implementation plan that contains the following
elements:
(1) An implementation timeline and schedule, to include
substantive, technical, and conforming changes to the law that
the Under Secretary deems appropriate and necessary, to include
revising definitions or categories of items, products, and
services.
(2) A review of recommendations by the independent panel
created under section 809 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889)
pertaining to commercial items.
(3) A review of commercial item provisions from the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92), the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91), and other relevant
legislation.
(4) An analysis of the extent to which the Department of
Defense should treat commercial service contracts and commercial
products in a similar manner.
(5) Such other matters with respect to commercial item
procurement as the Under Secretary considers appropriate.
SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF DEFENSE
COMMERCIAL CONTRACTS OF CERTAIN PROVISIONS
OF LAW.
(a) Section 2375.--Section 2375(b)(2) of title 10, United States
Code, is amended by striking ``January 1, 2015'' and inserting ``October
13, 1994''.
(b) Section 2533a.--Section 2533a(i) of such title is amended--
(1) in the subsection heading, by striking ``Items'' and
inserting ``Products''; and
(2) by striking ``commercial items'' and inserting
``commercial products''.
(c) Section 2533b.--Section 2533b(h) of such title is amended--
(1) in the subsection heading, by striking ``Items'' and
inserting ``Products''; and
(2) by striking ``commercial items'' each place it appears
and inserting ``commercial products''.
SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL E-
COMMERCE PORTALS.
(a) In General.--Section 846 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note) is
amended--
(1) in subsection (f), by adding at the end the following
new paragraph:
``(5) A procurement of a product made through a commercial
e-commerce portal under the program established pursuant to
subsection (a) is deemed to satisfy requirements for full
[[Page 1876]]
and open competition pursuant to section 2304 of title 10,
United States Code, and section 3301 of title 41, United States
Code, if--
``(A) there are offers from two or more suppliers of
such a product or similar product with substantially the
same physical, functional, or performance
characteristics on the online marketplace; and
``(B) the Administrator establishes procedures to
implement subparagraph (A) and notifies Congress at
least 30 days before implementing such procedures.'';
and
(2) in subsection (h), by striking paragraph (3) and
inserting the following:
``(3) agree not to use, for pricing, marketing, competitive,
or other purposes, any information, including any Government-
owned data, such as purchasing trends or spending habits,
related to a product from a third-party supplier featured on the
commercial e-commerce portal or the transaction of such product,
except as necessary to comply with the requirements of the
program established in subsection (a).''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the implementation of any e-commerce portal under such
section 846 to procure commercial products will be done in a
manner that will enhance competition, expedite procurement, and
ensure reasonable pricing of commercial products;
(2) the implementation of the e-commerce portal will be
completed with multiple contracts with multiple commercial e-
commerce portal providers; and
(3) the Administrator of the General Services Administration
should require any e-commerce portal provider to take the
necessary precautions to safeguard data of all other e-commerce
portal providers and any third-party suppliers.
SEC. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON COMMERCIAL
PRODUCTS, COMMERCIAL SERVICES, AND
COMMERCIALLY AVAILABLE OFF-THE-SHELF
ITEMS.
(a) Review of Determinations Not to Exempt Contracts for Commercial
Products, Commercial Services, and Commercially Available Off-the-shelf
Items From Certain Laws and Regulations.--Not later than one year after
the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall--
(1) review each determination of the Federal Acquisition
Regulatory Council pursuant to section 1906(b)(2), section
1906(c)(3), or section 1907(a)(2) of title 41, United States
Code, not to exempt contracts or subcontracts from laws which
such contracts and subcontracts would otherwise be exempt from
under section 1906(d) of title 41, United States Code; and
(2) propose revisions to the Federal Acquisition Regulation
to provide an exemption from each law subject to such
determination unless the Council determines that there is a
specific reason not to provide the exemptions pursuant to
section 1906 of such title or the Administrator for Federal
Procurement Policy determines there is a specific reason not to
provide the exemption pursuant to section 1907 of such title.
(b) Review of Certain Contract Clause Requirements Applicable to
Commercial Products and Commercial Services Contracts.--Not later than
one year after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall--
[[Page 1877]]
(1) review the Federal Acquisition Regulation to assess all
regulations that require a specific contract clause for a
contract using commercial product or commercial services
acquisition procedures under part 12 of the Federal Acquisition
Regulation, except for regulations required by law or Executive
order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless the
Federal Acquisition Regulatory Council determines on a case-by-
case basis that there is a specific reason not to eliminate the
regulation.
(c) Elimination of Certain Contract Clause Regulations Applicable to
Commercially Available Off-the-shelf Item Subcontracts.--Not later than
one year after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall--
(1) review the Federal Acquisition Regulation to assess all
regulations that require a prime contractor to include a
specific contract clause in a subcontract for commercially
available off-the-shelf items unless the inclusion of such
clause is required by law or Executive order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless the
Federal Acquisition Regulatory Council determines on a case-by-
case basis that there is a specific reason not to eliminate the
regulation.
(d) Report to Congress.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall submit to the committees listed in paragraph (2) a
report on the results of the reviews under this section.
(2) Committees listed.--The committees listed in this
paragraph are the following:
(A) The Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(B) The Committee on Armed Services and the
Committee on Oversight and Government Reform of the
House of Representatives.
Subtitle E--Industrial Base Matters
SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS FOR
NAVAL VESSELS.
(a) Report Required.--Not later than March 1, 2019, the Secretary of
the Navy shall submit to the congressional defense committees a report
that provides, for the components described in subsection (b), a market
survey, a cost assessment, national security considerations, and a
recommendation regarding whether competition for the procurement of the
components should be limited to sources in the national technology and
industrial base (as defined in section 2500 of title 10, United States
Code).
(b) Components.--The components described in this subsection are the
following:
(1) Naval vessel components listed in section 2534(a)(3) of
title 10, United States Code.
[[Page 1878]]
(2) The following components for auxiliary ships:
(A) Auxiliary equipment, including pumps.
(B) Propulsion system components, including engines,
reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
SEC. 842. <> REMOVAL OF NATIONAL
INTEREST DETERMINATION REQUIREMENTS FOR
CERTAIN ENTITIES.
(a) In General.--Effective October 1, 2020, a covered NTIB entity
operating under a special security agreement pursuant to the National
Industrial Security Program shall not be required to obtain a national
interest determination as a condition for access to proscribed
information.
(b) Acceleration Authorized.--Notwithstanding the effective date of
this section, the Secretary of Defense, in consultation with the
Director of the Information Security Oversight Office, may waive the
requirement to obtain a national interest determination for a covered
NTIB entity operating under such a special security agreement that has--
(1) a demonstrated successful record of compliance with the
National Industrial Security Program; and
(2) previously been approved for access to proscribed
information.
(c) Definitions.--In this section:
(1) Covered ntib entity.--The term ``covered NTIB entity''
means a person that is a subsidiary located in the United
States--
(A) for which the ultimate parent company and any
intermediate parent companies of such subsidiary are
located in a country that is part of the national
technology and industrial base (as defined in section
2500 of title 10, United States Code); and
(B) that is subject to the foreign ownership,
control, or influence requirements of the National
Industrial Security Program.
(2) Proscribed information.--The term ``proscribed
information'' means information that is--
(A) classified at the level of top secret;
(B) communications security information (excluding
controlled cryptographic items when un-keyed or utilized
with unclassified keys);
(C) restricted data (as defined in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014));
(D) special access program information under section
4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50
U.S.C. 3161 note) or successor order; or
(E) designated as sensitive compartmented
information.
SEC. 843. <> PILOT PROGRAM TO TEST
MACHINE-VISION TECHNOLOGIES TO DETERMINE
THE AUTHENTICITY AND SECURITY OF
MICROELECTRONIC PARTS IN WEAPON SYSTEMS.
(a) Pilot Program Authorized.--The Undersecretary of Defense for
Research and Engineering, in coordination with the Defense
Microelectronics Activity, shall establish a pilot program
[[Page 1879]]
to test the feasibility and reliability of using machine-vision
technologies to determine the authenticity and security of
microelectronic parts in weapon systems.
(b) Objectives of Pilot Program.--The Undersecretary of Defense for
Research and Engineering, in coordination with the Defense
Microelectronics Activity, shall design any pilot program conducted
under this section to determine the following:
(1) The effectiveness and technology readiness level of
machine-vision technologies to determine the authenticity of
microelectronic parts at the time of the creation of such part
through final insertion of such part into weapon systems.
(2) The best method of incorporating machine-vision
technologies into the process of developing, transporting, and
inserting microelectronics into weapon systems.
(3) The rules, regulations, or processes that hinder the
development and incorporation of machine-vision technologies,
and the application of such rules, regulations, or processes to
mitigate counterfeit microelectronics proliferation throughout
the Department of Defense.
(c) Consultation.--To develop the pilot program under this section,
the Undersecretary of Defense for Research and Engineering, in
coordination with the Defense Microelectronics Activity, may consult
with the following entities:
(1) Manufacturers of semiconductors or electronics.
(2) Industry associations relating to semiconductors or
electronics.
(3) Original equipment manufacturers of products for the
Department of Defense.
(4) Nontraditional defense contractors (as defined in
section 2302(9) of title 10, United States Code) that are
machine vision companies.
(5) Federal laboratories (as defined in section 2500(5) of
title 10, United States Code).
(6) Other elements of the Department of Defense that fall
under the authority of the Undersecretary of Defense for
Research and Engineering.
(d) Commencement and Duration.--The pilot program established under
this section shall be established not later than April 1, 2019, and all
activities under such pilot program shall terminate not later than
December 31, 2020.
SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION PROCESS.
(a) In General.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(k) Limitation on Certain Procurements Application Process.--
``(1) In general.--The Secretary of Defense shall administer
a process to analyze and assess potential items for
consideration to be required to be procured from a manufacturer
that is part of the national technology and industrial base.
``(2) Elements.--The application process required under
paragraph (1) shall include the following elements:
``(A) The Secretary shall designate an official
within the Office of the Secretary of Defense
responsible for administration of the limitation on
certain procurements application process and associated
policy.
[[Page 1880]]
``(B) A person or organization that meets the
definition of national technology and industrial base
under section 2500(1) of this title shall have the
opportunity to apply for status as an item required to
be procured from a manufacturer that is part of the
national technology and industrial base. The application
shall include, at a minimum, the following information:
``(i) Information demonstrating the applicant
meets the criteria of a manufacturer in the
national technology and industrial base under
section 2500(1) of this title.
``(ii) For each item the applicant seeks to be
required to be procured from a manufacturer that
is part of the national technology and industrial
base, the applicant shall include the following
information:
``(I) The extent to which such item
has commercial applications.
``(II) The number of such items to
be procured by current programs of
record.
``(III) The criticality of such item
to a military unit's mission
accomplishment.
``(IV) The estimated cost and other
considerations of reconstituting the
manufacturing capability of such item,
if not maintained in the national
technology and industrial base.
``(V) National security regulations
or restrictions imposed on such item
that may not be imposed on a non-
national technology and industrial base
competitor.
``(VI) Non-national security-related
Federal, State, and local government
regulations imposed on such item that
may not be imposed on a non-national
technology and industrial base
competitor.
``(VII) The extent to which such
item is fielded in current programs of
record.
``(VIII) The extent to which cost
and pricing data for such item has been
deemed fair and reasonable.
``(3) Consideration of applications.--
``(A) Responsibility of designated official.--The
official designated pursuant to paragraph (2)(A) shall
be responsible for providing complete applications
submitted pursuant to this subsection to the appropriate
component acquisition executive for consideration not
later than 15 days after receipt of such application.
``(B) Review.--Not later than 120 days after
receiving a complete application, the component
acquisition executive shall review such application,
make a determination, and return the application to the
official designated pursuant to paragraph (2)(A).
``(C) Elements of determination.--The determination
required under subparagraph (B) shall, for each item
proposed pursuant to paragraph (2)(B)(ii)--
``(i) recommend inclusion under this section;
``(ii) recommend inclusion under this section
with further modifications; or
``(iii) not recommend inclusion under this
section.
[[Page 1881]]
``(D) Justification.--The determination required
under subparagraph (B) shall also include the rationale
and justification for the determination.
``(4) Recommendations for legislation.--For applications
recommended under subsection (3), the official designated
pursuant to paragraph (2)(A) shall be responsible for preparing
a legislative proposal for consideration by the Secretary.''.
(b) Effective Date.-- <> This section and
the amendments made by this section shall take effect one year after the
date of the enactment of this Act.
SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE.
(a) In General.--Not later than January 31, 2019, the Secretary of
Defense, in consultation with the Executive Agent for Printed Circuit
Board and Interconnect Technology and the Director of the Office of
Management and Budget, shall submit to Congress a report examining the
health of the defense electronics industrial base, including analog and
passive electronic parts, substrates, printed boards, assemblies,
connectors, cabling, and related areas, both domestically and within the
national technology and industrial base.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An examination of current and planned partnerships with
the commercial industry.
(2) Analysis of the current and future defense electronics
industrial base.
(3) Threat assessment related to system security.
(4) An assessment of the health of the engineering and
production workforce.
(5) A description of the electronics supply chain
requirements of defense systems integral to meeting the goals of
the 2018 National Defense Strategy.
(6) Recommended actions to address areas deemed deficient or
vulnerable, and a plan to formalize long-term resourcing for the
Executive Agent.
(7) Any other areas matters determined relevant by the
Secretary.
SEC. 846. <> SUPPORT FOR DEFENSE
MANUFACTURING COMMUNITIES TO SUPPORT THE
DEFENSE INDUSTRIAL BASE.
(a) Program Authorized.--
(1) In general.--The Secretary of Defense may, in
coordination with the Secretary of Commerce and working in
coordination with the defense manufacturing institutes,
establish within the Department of Defense a program to make
long-term investments in critical skills, facilities, research
and development, and small business support in order to
strengthen the national security innovation base by designating
and supporting consortiums as defense manufacturing communities.
(2) Designation.--The program authorized by this section
shall be known as the ``Defense Manufacturing Community Support
Program'' (in this section referred to as the ``Program'').
(b) Designation of Defense Manufacturing Communities Complementary
to Defense Manufacturing Institutes.--
(1) In general.--The Secretary of Defense may designate
eligible consortiums as defense manufacturing communities
[[Page 1882]]
through a competitive process, and in coordination with the
defense manufacturing institutes.
(2) Eligible consortiums.--The Secretary may establish
eligibility criteria for a consortium to participate in the
Program. In developing such criteria, the Secretary may consider
the merits of--
(A) including members from academia, defense
industry, commercial industry, and State and local
government organizations;
(B) supporting efforts in geographical regions that
have capabilities in key technologies or industrial base
supply chains that are determined critical to national
security;
(C) optimal consortium composition and size to
promote effectiveness, collaboration, and efficiency;
and
(D) complementarity with defense manufacturing
institutes.
(3) Duration.--Each designation under paragraph (1) shall be
for a period of five years.
(4) Renewal.--
(A) In general.--The Secretary may renew a
designation made under paragraph (1) for up to two
additional two-year periods. Any designation as a
defense manufacturing community or renewal of such
designation that is in effect before the date of the
enactment of this Act shall count toward the limit set
forth in this subparagraph.
(B) Evaluation for renewal.--The Secretary shall
establish criteria for the renewal of a consortium. In
establishing such criteria, the Secretary may consider--
(i) the performance of the consortium in
meeting the established goals of the Program;
(ii) the progress the consortium has made with
respect to project-specific metrics, particularly
with respect to those metrics that were designed
to help communities track their own progress;
(iii) whether any changes to the composition
of the eligible consortium or revisions of the
plan for the consortium would improve the
capabilities of the defense industrial base;
(iv) the effectiveness of coordination with
defense manufacturing institutes; and
(v) such other criteria as the Secretary
considers appropriate.
(5) Application for designation.--An eligible consortium
seeking a designation under paragraph (1) shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require. In developing such procedures, the
Secretary may consider the inclusion of--
(A) a description of the regional boundaries of the
consortium, and the defense manufacturing capacity of
the region;
(B) an evidence-based plan for enhancing the defense
industrial base through the efforts of the consortium;
(C) the investments the consortium proposes and the
strategy of the consortium to address gaps in the
defense industrial base;
(D) a description of the outcome-based metrics,
benchmarks, and milestones that will track and the
evaluation
[[Page 1883]]
methods that will be used to gauge performance of the
consortium;
(E) how the initiatives will complement defense
manufacturing institutes; and
(F) such other matters as the Secretary considers
appropriate.
(c) Financial and Technical Assistance.--
(1) In general.--Under the Program, the Secretary of Defense
may award financial or technical assistance to a member of a
consortium designated as a defense manufacturing community under
the Program as appropriate for purposes of the Program.
(2) Use of funds.--A recipient of financial or technical
assistance under the Program may use such financial or technical
assistance to support an investment that will improve the
defense industrial base.
(3) Investments supported.--Investments supported under this
subsection may include activities not already provided for by
defense manufacturing institutes on--
(A) equipment or facility upgrades;
(B) workforce training, retraining, or recruitment
and retention, including that of women and
underrepresented minorities;
(C) business incubators;
(D) advanced research and commercialization,
including with Federal laboratories and depots;
(E) supply chain development; and
(F) small business assistance.
(d) Receipt of Transferred Funds.--The Secretary of Defense may
accept amounts transferred to the Secretary from the head of another
agency or a State or local governmental organization to carry out this
section.
SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR T-AO-205
PROGRAM.
Effective during fiscal year 2019, the Secretary of Defense may
procure the following items for the T-AO-205 program only if the
manufacturer of the item is in the United States:
(1) Auxiliary equipment, including pumps, for all shipboard
services.
(2) Propulsion system components, including engines,
reduction gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
Subtitle F--Small Business Matters
SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY.
(a) In General.--Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2283. <> Department of Defense small
business strategy
``(a) In General.--The Secretary of Defense shall implement a small
business strategy for the Department of Defense that meets the
requirements of this section.
``(b) Unified Management Structure.--As part of the small business
strategy described in subsection (a), the Secretary shall
[[Page 1884]]
ensure that there is a unified management structure within the
Department for the functions of the Department relating to--
``(1) programs and activities related to small business
concerns (as defined in section 3 of the Small Business Act);
``(2) manufacturing and industrial base policy; and
``(3) any procurement technical assistance program
established under chapter 142 of this title.
``(c) Purpose of Small Business Programs.--The Secretary shall
ensure that programs and activities of the Department of Defense related
to small business concerns are carried out so as to further national
defense programs and priorities and the statements of purpose for
Department of Defense acquisition set forth in section 801 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1449).
``(d) Points of Entry Into Defense Market.--The Secretary shall
ensure--
``(1) that opportunities for small business concerns to
contract with the Department of Defense are identified clearly;
and
``(2) that small business concerns are able to have access
to program managers, contracting officers, and other persons
using the products or services of such concern to the extent
necessary to inform such persons of emerging and existing
capabilities of such concerns.
``(e) Enhanced Outreach Under Procurement Technical Assistance
Program Market.--The Secretary shall enable and promote activities to
provide coordinated outreach to small business concerns through any
procurement technical assistance program established under chapter 142
of this title to facilitate small business contracting with the
Department of Defense.''.
(b) <> Implementation.--
(1) Deadline.--The Secretary of Defense shall develop the
small business strategy required by section 2283 of title 10,
United States Code, as added by subsection (a), not later than
180 days after the date of the enactment of this Act.
(2) Notice to congress and publication.--Upon completion of
the development of the small business strategy pursuant to
paragraph (1), the Secretary shall--
(A) transmit the strategy to Congress; and
(B) publish the strategy on a public website of the
Department of Defense.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter <> is amended by adding at the
end the following new item:
``2283. Department of Defense small business strategy.''.
SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS.
Section 2307(a) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking ``The head of any agency may--'' and
inserting ``(1) The head of any agency may''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a prime contractor (as defined in section 8701 of title
41) that is a small business concern (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)), the Secretary of Defense shall, to
the fullest extent permitted by law, establish
[[Page 1885]]
an accelerated payment date with a goal of 15 days after receipt of a
proper invoice for the amount due if a specific payment date is not
established by contract.
``(B) For a prime contractor that subcontracts with a small business
concern, the Secretary of Defense shall, to the fullest extent permitted
by law, establish an accelerated payment date with a goal of 15 days
after receipt of a proper invoice for the amount due if--
``(i) a specific payment date is not established by
contract; and
``(ii) the prime contractor agrees to make payments to the
subcontractor in accordance with the accelerated payment date,
to the maximum extent practicable, without any further
consideration from or fees charged to the subcontractor.''.
SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS
ADMINISTRATION MICROLOAN PROGRAM.
(a) Definitions.--In this section:
(1) The term ``intermediary'' has the meaning given that
term in section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)).
(2) The term ``microloan program'' means the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m)).
(b) Microloan Intermediary Lending Limit Increased.--Section
7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended
by striking ``$5,000,000'' and inserting ``$6,000,000''.
(c) SBA Study of Microenterprise Participation.--Not later than one
year after the date of the enactment of this section, the Administrator
of the Small Business Administration shall conduct a study and submit to
the Committee on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives a report
on--
(1) the operations (including services provided, structure,
size, and area of operation) of a representative sample of--
(A) intermediaries that are eligible to participate
in the microloan program and that do participate; and
(B) intermediaries that are eligible to participate
in the microloan program and that do not participate;
(2) the reasons why eligible intermediaries described in
paragraph (1)(B) choose not to participate in the microloan
program;
(3) recommendations on how to encourage increased
participation in the microloan program by eligible
intermediaries described in paragraph (1)(B); and
(4) recommendations on how to decrease the costs associated
with participation in the microloan program for eligible
intermediaries.
(d) GAO Study on Microloan Intermediary Practices.--Not later than
one year after the date of the enactment of this section, the
Comptroller General of the United States shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report evaluating--
(1) oversight of the microloan program by the Small Business
Administration, including oversight of intermediaries
participating in the microloan program; and
[[Page 1886]]
(2) the specific processes used by the Small Business
Administration to ensure--
(A) compliance by intermediaries participating in
the microloan program; and
(B) the overall performance of the microloan
program.
SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH PROGRAM
AND SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM.
(a) Extension of Pilot Programs.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in subsection (cc), by striking ``2017'' and inserting
``2022'';
(2) in subsection (gg)(7), by striking ``2017'' and
inserting ``2022'';
(3) in subsection (jj)--
(A) in paragraph (4)(A), by striking ``3'' and
inserting ``4''; and
(B) in paragraph (7), by striking ``2017'' and
inserting ``2022'';
(4) in subsection (mm)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``2017'' and inserting ``2022'';
(ii) in subparagraph (I), by striking ``and''
at the end;
(iii) in subparagraph (J), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(K) funding for improvements that increase
commonality across data systems, reduce redundancy, and
improve data oversight and accuracy.''; and
(5) by adding at the end the following:
``(tt) Outstanding Reports and Evaluations.--
``(1) In general.--Not later than March 30, 2019, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and the Committee on
Science, Space, and Technology of the House of Representatives--
``(A) each report, evaluation, or analysis, as
applicable, described in subsection (b)(7), (g)(9),
(o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and
``(B) metrics regarding, and an evaluation of, the
authority provided to the National Institutes of Health,
the Department of Defense, and the Department of
Education under subsection (cc).
``(2) Information required.--Not later than December 31,
2018, the head of each agency that is responsible for carrying
out a provision described in subparagraph (A) or (B) of
paragraph (1) shall submit to the Administrator any information
that is necessary for the Administrator to carry out the
responsibilities of the Administrator under that paragraph.''.
(b) Accelerating SBIR and STTR Awards.--Section 9 of the Small
Business Act (15 U.S.C. 638) is amended--
(1) in subsection (hh)--
[[Page 1887]]
(A) by striking ``Federal agencies'' and inserting
the following:
``(1) In general.--Federal agencies'';
(B) in paragraph (1), as so designated, by striking
``attempt to''; and
(C) by adding at the end the following:
``(2) Pilot program to accelerate department of defense sbir
and sttr awards.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, the Under Secretary
of Defense for Research and Engineering, acting through
the Director of Defense Procurement and Acquisition
Policy of the Department of Defense, shall establish a
pilot program to reduce the time for awards under the
SBIR and STTR programs of the Department of Defense,
under which the Department of Defense shall--
``(i) develop simplified and standardized
procedures and model contracts throughout the
Department of Defense for Phase I, Phase II, and
Phase III SBIR awards;
``(ii) for Phase I SBIR and STTR awards,
reduce the amount of time between solicitation
closure and award;
``(iii) for Phase II SBIR and STTR awards,
reduce the amount of time between the end of a
Phase I award and the start of the Phase II award;
``(iv) for Phase II SBIR and STTR awards that
skip Phase I, reduce the amount of time between
solicitation closure and award;
``(v) for sequential Phase II SBIR and STTR
awards, reduce the amount of time between Phase II
awards; and
``(vi) reduce the award times described in
clauses (ii), (iii), (iv), and (v) to be as close
to 90 days as possible.
``(B) Consultation.--In carrying out the pilot
program under subparagraph (A), the Director of Defense
Procurement and Acquisition Policy of the Department of
Defense shall consult with the Director of the Office of
Small Business Programs of the Department of Defense.
``(C) Termination.--The pilot program under
subparagraph (A) shall terminate on September 30,
2022.''; and
(2) in subsection (ii)--
(A) by striking ``Federal agencies'' and inserting
the following:
``(1) In general.--Federal agencies''; and
(B) by adding at the end the following:
``(2) Comptroller general reports.--The Comptroller General
of the United States shall submit to the Committee on Small
Business and Entrepreneurship of the Senate, the Committee on
Armed Services of the Senate, the Committee on Small Business of
the House of Representatives, and the Committee on Armed
Services of the House of Representatives--
``(A) not later than 1 year after the date of
enactment of this paragraph, and every year thereafter
for 3 years, a report that--
[[Page 1888]]
``(i) provides the average and median amount
of time that each component of the Department of
Defense with an SBIR or STTR program takes to
review and make a final decision on proposals
submitted under the program; and
``(ii) compares that average and median amount
of time with that of other Federal agencies
participating in the SBIR or STTR program; and
``(B) not later than December 5, 2021, a report
that--
``(i) includes the information described in
subparagraph (A);
``(ii) assesses where each Federal agency
participating in the SBIR or STTR program needs
improvement with respect to the proposal review
and award times under the program;
``(iii) identifies best practices for
shortening the proposal review and award times
under the SBIR and STTR programs, including the
pros and cons of using contracts compared to
grants; and
``(iv) analyzes the efficacy of the pilot
program established under subsection (hh)(2).''.
(c) Improvements to Technical and Business Assistance.--
(1) In general.--Section 9(q) of the Small Business Act (15
U.S.C. 638(q)) is amended--
(A) in the subsection heading, by inserting ``and
Business'' after ``Technical'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``a vendor selected
under paragraph (2)'' and inserting ``1
or more vendors selected under paragraph
(2)(A)'';
(II) by inserting ``and business''
before ``assistance services''; and
(III) by inserting ``assistance with
product sales, intellectual property
protections, market research, market
validation, and development of
regulatory plans and manufacturing
plans,'' after ``technologies,''; and
(ii) in subparagraph (D), by inserting ``,
including intellectual property protections''
before the period at the end;
(C) in paragraph (2)--
(i) in the first sentence, by striking ``Each
agency may select a vendor to assist small
business concerns to meet'' and inserting the
following:
``(A) In general.--Each agency may select 1 or more
vendors from which small business concerns may obtain
assistance in meeting''; and
(ii) by adding at the end the following:
``(B) Selection by small business concern.--A small
business concern may, by contract or otherwise, select 1
or more vendors to assist the small business concern in
meeting the goals listed in paragraph (1).''; and
(D) in paragraph (3)--
(i) by inserting ``(A)'' after ``paragraph
(2)'' each place that term appears;
[[Page 1889]]
(ii) in subparagraph (A), by striking ``$5,000
per year'' each place that term appears and
inserting ``$6,500 per year'';
(iii) in subparagraph (B)--
(I) by striking ``$5,000 per year''
each place that term appears and
inserting ``$50,000 per project''; and
(II) in clause (ii), by striking
``which shall be in addition to the
amount of the recipient's award'' and
inserting ``which may, as determined
appropriate by the head of the Federal
agency, be included as part of the
recipient's award or be in addition to
the amount of the recipient's award'';
(iv) in subparagraph (C)--
(I) by inserting ``or business''
after ``technical'';
(II) by striking ``the vendor'' and
inserting ``a vendor''; and
(III) by adding at the end the
following: ``Business-related services
aimed at improving the commercialization
success of a small business concern may
be obtained from an entity, such as a
public or private organization or an
agency of or other entity established or
funded by a State that facilitates or
accelerates the commercialization of
technologies or assists in the creation
and growth of private enterprises that
are commercializing technology.'';
(v) in subparagraph (D)--
(I) by inserting ``or business''
after ``technical'' each place that term
appears; and
(II) in clause (i), by striking
``the vendor'' and inserting ``1 or more
vendors''; and
(vi) by adding at the end the following:
``(E) Multiple award recipients.--The Administrator
shall establish a limit on the amount of technical and
business assistance services that may be received or
purchased under subparagraph (B) by a small business
concern that has received multiple Phase II SBIR or STTR
awards for a fiscal year.''; and
(E) by adding at the end the following:
``(4) Annual reporting.--
``(A) In general.--A small business concern that
receives technical or business assistance from a vendor
under this subsection during a fiscal year shall submit
to the Federal agency contracting with the vendor a
description of the technical or business assistance
provided and the benefits and results of the technical
or business assistance provided.
``(B) Use of existing reporting mechanism.--The
information required under subparagraph (A) shall be
collected by a Federal agency as part of a report
required to be submitted by small business concerns
engaged in SBIR or STTR projects of the Federal agency
for which the requirement was in effect on the date of
enactment of this paragraph.''.
(2) Review.--Not later than the end of fiscal year 2019, the
Administrator of the Small Business Administration shall--
[[Page 1890]]
(A) conduct a survey of vendors providing technical
or business assistance under section 9(q) of the Small
Business Act (15 U.S.C. 638(q)), as amended by paragraph
(1), and small business concerns receiving the technical
or business assistance; and
(B) submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
reviewing the efficacy of the provision of the technical
or business assistance.
SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION.
Section 15 of the Small Business Act (15 U.S.C. 644) is amended by
adding at the end the following new subsection:
``(w) Solicitation Notice Regarding Administration of Change Orders
for Construction.--
``(1) In general.--With respect to any solicitation for the
award of a contract for construction anticipated to be awarded
to a small business concern, the agency administering such
contract shall provide a notice along with the solicitation to
prospective bidders and offerors that includes--
``(A) information about the agency's policies or
practices in complying with the requirements of the
Federal Acquisition Regulation relating to the timely
definitization of requests for an equitable adjustment;
and
``(B) information about the agency's past
performance in definitizing requests for equitable
adjustments in accordance with paragraph (2).
``(2) Requirements for agencies.--An agency shall provide
the past performance information described under paragraph
(1)(B) as follows:
``(A) For the 3-year period preceding the issuance
of the notice, to the extent such information is
available.
``(B) With respect to an agency that, on the date of
the enactment of this subsection, has not compiled the
information described under paragraph (1)(B)--
``(i) beginning 1 year after the date of the
enactment of this subsection, for the 1-year
period preceding the issuance of the notice;
``(ii) beginning 2 years after the date of the
enactment of this subsection, for the 2-year
period preceding the issuance of the notice; and
``(iii) beginning 3 years after the date of
the enactment of this subsection and each year
thereafter, for the 3-year period preceding the
issuance of the notice.
``(3) Format of past performance information.--In the notice
required under paragraph (1), the agency shall ensure that the
past performance information described under paragraph (1)(B) is
set forth separately for each definitization action that was
completed during the following periods:
``(A) Not more than 30 days after receipt of a
request for an equitable adjustment.
``(B) Not more than 60 days after receipt of a
request for an equitable adjustment.
``(C) Not more than 90 days after receipt of a
request for an equitable adjustment.
[[Page 1891]]
``(D) Not more than 180 days after receipt of a
request for an equitable adjustment.
``(E) Not more than 365 days after receipt of a
request for an equitable adjustment.
``(F) More than 365 days after receipt of a request
for an equitable adjustment.
``(G) After the completion of the performance of the
contract through a contract modification addressing all
undefinitized requests for an equitable adjustment
received during the term of the contract.''.
SEC. 856. COMPTROLLER GENERAL STUDY OF IMPACT OF BROADBAND SPEED
AND PRICE ON SMALL BUSINESSES.
(a) Study Required.--Subject to appropriations, the Comptroller
General of the United States shall conduct a study evaluating the impact
of broadband speed and price on small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Report.--Not later than three years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation and the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Energy and Commerce and the Committee on Small Business of the House of
Representatives a report on the results of the study under subsection
(a), including--
(1) a survey of broadband speeds available to small business
concerns;
(2) a survey of the cost of broadband speeds available to
small business concerns;
(3) a survey of the type of broadband technology used by
small business concerns; and
(4) any policy recommendations that may improve the access
of small business concerns to comparable broadband services at
comparable rates in all regions of the United States.
SEC. 857. CONSOLIDATED BUDGET DISPLAY FOR THE DEPARTMENT OF
DEFENSE SMALL BUSINESS INNOVATION RESEARCH
PROGRAM AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM.
(a) Budget Display Submission.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and Engineering,
shall include in the materials submitted to Congress by the Secretary of
Defense in support of the budget of the President for each fiscal year
(as submitted to Congress under section 1105 of title 31, United States
Code), a budget display for the funds assessed for the Small Business
Innovation Research Program or the Small Business Technology Transfer
Program (as such terms are defined, respectively, in section 9(e) of the
Small Business Act (15 U.S.C. 638(e))) of the Department of Defense
during the previous fiscal year.
(b) Budget Display Requirements.--The budget display under
subsection (a) shall include--
(1) for funds assessed, the amount obligated and expended,
by appropriation and functional area, for the Small Business
Innovation Research Program or the Small Business Technology
Transfer Program;
(2) information, by military department and other awarding
organizations, on Phase I, II, and III awards;
[[Page 1892]]
(3) to the extent practicable, specific processes, products,
technologies, or services that were transitioned to acquisition
programs of record, or other follow-on contracts; and
(4) an estimate of the Small Business Innovation Research
Program and the Small Business Technology Transfer Program
funding to be assessed during the period covered by the current
future-years defense program (as defined under section 221 of
title 10, United States Code).
(c) First Submission.--The first budget display under subsection (a)
shall be included with the budget for the President for fiscal year
2020.
(d) Congressional Committees.--The budget display under subsection
(a) shall be submitted to the congressional defense committees, with
copies provided to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House of
Representatives.
(e) Termination.--The requirements of this section shall terminate
on December 31, 2022.
(f) Rule of Construction.--Nothing in this section shall be
construed to modify or otherwise affect the requirement to expend
amounts for the Small Business Innovation Research Program and the Small
Business Technology Transfer Program of the Department of Defense under
subsections (f) and (n) of section 9 of the Small Business Act (15
U.S.C. 638).
SEC. 858. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.
(a) Amount of Assistance From Secretary.--Section 2413(b) of title
10, United States Code, is amended--
(1) by striking ``not more than 65 percent'' and inserting
``not more than 75 percent''; and
(2) in paragraph (1), by striking ``more than 65 percent,
but not more than 75 percent'' and inserting ``more than 75
percent, but not more than 85 percent''.
(b) Funding for Eligible Entities.--Section 2414(a) of such title is
amended--
(1) in paragraph (1), by striking ``$750,000'' and inserting
``$1,000,000'';
(2) in paragraph (2), by striking ``$450,000'' and inserting
``$750,000'';
(3) in paragraph (3), by striking ``$300,000'' and inserting
``$450,000''; and
(4) in paragraph (4), by striking ``$750,000'' and inserting
``$1,000,000''.
SEC. 859. AUTHORIZATION FOR PAYMENT OF CERTAIN COSTS RELATING TO
PROCUREMENT TECHNICAL ASSISTANCE CENTERS.
(a) Authorization to Pay Costs Relating to Meetings of Eligible
Entities.--Section 2417 of title 10, United States Code, is amended--
(1) in the heading, by inserting ``and other'' after
``Administrative'';
(2) by striking ``chapter, an amount'' and inserting
``chapter--
``(1) an amount'';
(3) by striking the period at the end and inserting ``;
and''; and
[[Page 1893]]
(4) by adding at the end the following new paragraph:
``(2) an amount determined appropriate by the Director to
assist eligible entities in payment of costs of eligible
entities --
``(A) for meetings to discuss best practices for the
improvement of the operations of procurement technical
assistance centers; and
``(B) for membership dues for any association of
such centers created by eligible entities, training fees
and associated travel for training to carry out the
purposes of this chapter, and voluntary participation on
any committees or board of such an association.''.
(b) Briefing.--Not later than six months after the date of the
enactment of this Act, the Director of the Defense Logistics Agency
shall brief the congressional defense committees on the recognition or
lack of recognition by the Department of Defense of procurement
technical assistance center associations and the rationale for the
recognition or lack of recognition, including a discussion of whether
the Department needs authority to recognize such associations.
SEC. 860. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following new subsection:
``(uu) Commercialization Assistance Pilot Programs.--
``(1) Pilot programs implemented.--
``(A) In general.--Except as provided in
subparagraph (B), not later than one year after the date
of the enactment of this subsection, a covered agency
shall implement a commercialization assistance pilot
program, under which an eligible entity may receive a
subsequent Phase II SBIR award.
``(B) Exception.--If the Administrator determines
that a covered agency has a program that is sufficiently
similar to the commercialization assistance pilot
program established under this subsection, such covered
agency shall not be required to implement a
commercialization assistance pilot program under this
subsection.
``(2) Percent of agency funds.--The head of each covered
agency may allocate not more than 5 percent of the funds
allocated to the SBIR program of the covered agency for the
purpose of making a subsequent Phase II SBIR award under the
commercialization assistance pilot program.
``(3) Termination.--A commercialization assistance pilot
program established under this subsection shall terminate on
September 30, 2022.
``(4) Application.--To be selected to receive a subsequent
Phase II SBIR award under a commercialization assistance pilot
program, an eligible entity shall submit to the covered agency
implementing such pilot program an application at such time, in
such manner, and containing such information as the covered
agency may require, including--
``(A) an updated Phase II commercialization plan;
and
``(B) the source and amount of the matching funding
required under paragraph (5).
``(5) Matching funding.--
[[Page 1894]]
``(A) In general.--The Administrator shall require,
as a condition of any subsequent Phase II SBIR award
made to an eligible entity under this subsection, that a
matching amount (excluding any fees collected by the
eligible entity receiving such award) equal to the
amount of such award be provided from an eligible third-
party investor.
``(B) Ineligible sources.--An eligible entity may
not use funding from ineligible sources to meet the
matching requirement of subparagraph (A).
``(6) Award.--A subsequent Phase II SBIR award made to an
eligible entity under this subsection--
``(A) may not exceed the limitation described under
subsection (aa)(1); and
``(B) shall be disbursed during Phase II.
``(7) Use of funds.--The funds awarded to an eligible entity
under this subsection may only be used for research and
development activities that build on eligible entity's Phase II
program and ensure the research funded under such Phase II is
rapidly progressing towards commercialization.
``(8) Selection.--In selecting eligible entities to
participate in a commercialization assistance pilot program
under this subsection, the head of a covered agency shall
consider--
``(A) the extent to which such award could aid the
eligible entity in commercializing the research funded
under the eligible entity's Phase II program;
``(B) whether the updated Phase II commercialization
plan submitted under paragraph (4) provides a sound
approach for establishing technical feasibility that
could lead to commercialization of such research;
``(C) whether the proposed activities to be
conducted under such updated Phase II commercialization
plan further improve the likelihood that such research
will provide societal benefits;
``(D) whether the small business concern has
progressed satisfactorily in Phase II to justify receipt
of a subsequent Phase II SBIR award;
``(E) the expectations of the eligible third-party
investor that provides matching funding under paragraph
(5); and
``(F) the likelihood that the proposed activities to
be conducted under such updated Phase II
commercialization plan using matching funding provided
by such eligible third-party investor will lead to
commercial and societal benefit.
``(9) Evaluation report.--Not later than 6 years after the
date of the enactment of this subsection, the Comptroller
General of the United States shall submit to the Committee on
Science, Space, and Technology and the Committee on Small
Business of the House of Representatives, and the Committee on
Small Business and Entrepreneurship of the Senate, a report
including--
``(A) a summary of the activities of
commercialization assistance pilot programs carried out
under this subsection;
``(B) a detailed compilation of results achieved by
such commercialization assistance pilot programs,
including the number of eligible entities that received
awards under such programs;
[[Page 1895]]
``(C) the rate at which each eligible entity that
received a subsequent Phase II SBIR award under this
subsection commercialized research of the recipient;
``(D) the growth in employment and revenue of
eligible entities that is attributable to participation
in a commercialization assistance pilot program;
``(E) a comparison of commercialization success of
eligible entities participating in a commercialization
assistance pilot program with recipients of an
additional Phase II SBIR award under subsection (ff);
``(F) demographic information, such as ethnicity and
geographic location, of eligible entities participating
in a commercialization assistance pilot program;
``(G) an accounting of the funds used at each
covered agency that implements a commercialization
assistance pilot program under this subsection;
``(H) the amount of matching funding provided by
eligible third-party investors, set forth separately by
source of funding;
``(I) an analysis of the effectiveness of the
commercialization assistance pilot program implemented
by each covered agency; and
``(J) recommendations for improvements to the
commercialization assistance pilot program.
``(10) Definitions.--For purposes of this subsection:
``(A) Covered agency.--The term `covered agency'
means a Federal agency required to have an SBIR program.
``(B) Eligible entity.--The term `eligible entity'
means a small business concern that has received a Phase
II award under an SBIR program and an additional Phase
II SBIR award under subsection (ff) from the covered
agency to which such small business concern is applying
for a subsequent Phase II SBIR award.
``(C) Eligible third-party investor.--The term
`eligible third-party investor' means a small business
concern other than an eligible entity, a venture capital
firm, an individual investor, a non-SBIR Federal, State
or local government, or any combination thereof.
``(D) Ineligible sources.--The term `ineligible
sources' means the following:
``(i) The eligible entity's internal research
and development funds.
``(ii) Funding in forms other than cash, such
as in-kind or other intangible assets.
``(iii) Funding from the owners of the
eligible entity, or the family members or
affiliates of such owners.
``(iv) Funding attained through loans or other
forms of debt obligations.
``(E) Subsequent phase ii sbir award.--The term
`subsequent Phase II SBIR award' means an award granted
to an eligible entity under this subsection to carry out
further commercialization activities for research
conducted pursuant to an SBIR program.''.
[[Page 1896]]
SEC. 861. PUERTO RICO BUSINESSES.
(a) Definition of Puerto Rico Business.--Section 3 of the Small
Business Act (15 U.S.C. 632) is amended by adding at the end the
following new subsection:
``(ee) Puerto Rico Business.--In this Act, the term `Puerto Rico
business' means a small business concern that has its principal office
located in the Commonwealth of Puerto Rico.''.
(b) Small Business Credit for Puerto Rico Businesses.--Section 15 of
the Small Business Act (15 U.S.C. 644) is amended by adding at the end
the following new subsection:
``(x) Small Business Credit for Puerto Rico Businesses.--
``(1) Credit for meeting contracting goals.--If an agency
awards a prime contract to Puerto Rico business during the
period beginning on the date of enactment of this subsection and
ending on the date that is 4 years after such date of enactment,
the value of the contract shall be doubled for purposes of
determining compliance with the goals for procurement contracts
under subsection (g)(1)(A)(i) during such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall submit
to the Administrator, and make publicly available on the
scorecard described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an
analysis of the number and dollar amount of prime contracts
awarded pursuant to paragraph (1) for each fiscal year of the
period described in such paragraph.''.
(c) Priority for Surplus Property Transfers.--Section 7(j)(13)(F) of
the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at
the end the following new clause:
``(iii)(I) In this clause, the term `covered period' means
the period beginning on the date of enactment of this clause and
ending on the date on which the Oversight Board established
under section 101 of the Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2121) terminates.
``(II) The Administrator may transfer technology or surplus
property under clause (i) to a Puerto Rico business if the
Puerto Rico business meets the requirements for such a transfer,
without regard to whether the Puerto Rico business is a Program
Participant.''.
(d) Contracting Incentives for Protege Firms That Are Puerto Rico
Businesses.--
(1) In general.--Section 45(a) of the Small Business Act (15
U.S.C. 657r(a)) is amended by adding at the end the following
new paragraph:
``(3) Puerto rico businesses.--During the period beginning
on the date of enactment of this paragraph and ending on the
date on which the Oversight Board established under section 101
of the Puerto Rico Oversight, Management, and Economic Stability
Act (48 U.S.C. 2121) terminates, the Administrator shall
identify potential incentives to a covered mentor that awards a
subcontract to its covered protege, including--
``(A) positive consideration in any past performance
evaluation of the covered mentor; and
``(B) the application of costs incurred for
providing training to such covered protege to the
subcontracting plan
[[Page 1897]]
(as required under paragraph (4) or (5) of section 8(d))
of the covered mentor.''.
(2) Definitions.--Section 45(d) of the Small Business Act
(15 U.S.C. 657r(d)) is amended by adding at the end the
following new paragraphs:
``(4) Covered mentor.--The term `covered mentor' means a
mentor that enters into an agreement under this Act, or under
any mentor-protege program approved under subsection (b)(1),
with a covered protege.
``(5) Covered protege.--The term `covered protege' means a
protege of a covered mentor that is a Puerto Rico business.''.
(e) Additional Mentor-Protege Relationships for Protege Firms That
Are Puerto Rico Businesses.--Section 45(b)(3)(A) of the Small Business
Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting ``, except that
such restrictions shall not apply to up to 2 mentor-protege
relationships if such relationships are between a covered protege and
covered mentor'' after ``each participant''.
SEC. 862. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CONCERNS
THROUGH SMALL BUSINESS ADMINISTRATION LOAN
PROGRAMS.
(a) <> Definitions.--In this Act--
(1) the terms ``Administration'' and ``Administrator'' means
the Small Business Administration and the Administrator thereof,
respectively;
(2) the term ``cooperative'' means an entity that is
determined to be a cooperative by the Administrator, in
accordance with applicable Federal and State laws and
regulations;
(3) the term ``employee-owned business concern'' means--
(A) a cooperative; and
(B) a qualified employee trust;
(4) the terms ``qualified employee trust'' and ``small
business concern'' have the meanings given those terms in
section 3 of the Small Business Act (15 U.S.C. 632); and
(5) the term ``small business development center'' means a
small business development center described in section 21 of the
Small Business Act (15 U.S.C. 648).
(b) Expansion of 7(a) Loans.--
(1) In general.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended--
(A) in paragraph (15)--
(i) in subparagraph (A)--
(I) by striking ``this subsection to
qualified employee trusts'' and
inserting ``this subsection--
``(i) to qualified employee trusts'';
(II) in clause (i), as so
designated--
(aa) by inserting ``, and
for any transaction costs
associated with purchasing,''
after ``purchasing'';
(bb) by striking the period
at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(ii) to a small business concern under a plan
approved by the Administrator, if the proceeds from the
loan are only used to make a loan to a qualified
employee trust, and for any transaction costs associated
with making that
[[Page 1898]]
loan, that results in the qualified employee trust
owning at least 51 percent of the small business
concern.'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``or by the small
business concern'' after ``the trustee
of such trust'';
(II) in clause (ii), by striking
``and'' at the end;
(III) in clause (iii), by striking
the period at the end and inserting ``,
and''; and
(IV) by adding at the end the
following:
``(iv) with respect to a loan made to a trust, or to
a cooperative in accordance with paragraph (35)--
``(I) a seller of the small business concern
may remain involved as an officer, director, or
key employee of the small business concern when a
qualified employee trust or cooperative has
acquired 100 percent of ownership of the small
business concern; and
``(II) any seller of the small business
concern who remains as an owner of the small
business concern, regardless of the percentage of
ownership interest, shall be required to provide a
personal guarantee by the Administration.''; and
(iii) by adding at the end the following:
``(F) A small business concern that makes a loan to a
qualified employee trust under subparagraph (A)(ii) is not
required to contain the same terms and conditions as the loan
made to the small business concern that is guaranteed by the
Administration under such subparagraph.
``(G) With respect to a loan made to a qualified employee
trust under this paragraph, or to a cooperative in accordance
with paragraph (35), the Administrator may, as deemed
appropriate, elect to not require any mandatory equity to be
provided by the qualified employee trust or cooperative to make
the loan.''; and
(B) by adding at the end the following:
``(35) Loans to cooperatives.--
``(A) Definition.--In this paragraph, the term
`cooperative' means an entity that is determined to be a
cooperative by the Administrator, in accordance with
applicable Federal and State laws and regulation.
``(B) Authority.--The Administration shall guarantee
loans made to a cooperative for the purpose described in
paragraph (15).''.
(2) Delegation of authority to preferred lenders.--Section
5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is
amended by inserting ``, including loans guaranteed under
paragraph (15) or (35) of section 7(a)'' after ``deferred
participation loans''.
(c) <> Small Business Investment Company
Program Outreach.--The Administrator shall provide outreach and
educational materials to companies licensed under section 301(c) of the
Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the
use of funds to make investments in company transitions to employee-
owned business concerns.
(d) <> Small Business Microloan Program
Outreach.--The Administrator shall provide outreach and educational
materials
[[Page 1899]]
to intermediaries under section 7(m) of the Small Business Act (15
U.S.C. 636(m)) to increase the use of funds to make loans to employee-
owned business concerns, including transitions to employee-owned
business concerns.
(e) <