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H.R. 5515 - John S. McCain National Defense Authorization Act for Fiscal Year 2019

Introduced: 2018-06-19
Bill Status: Passed
 

National Defense Authorization Act for Fiscal Year 2019

This bill authorizes FY2019 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE). It does not provide budget authority, which is provided in subsequent appropriations legislation.

The bill authorizes appropriations to DOD for: (1) Procurement, including helicopters, combat vehicles, weapons, aircraft, shipbuilding and conversion, and missiles; (2) Research, Development, Test, and Evaluation; and (3) Operation and Maintenance.

The bill also authorizes the FY2019 personnel strength for active duty and reserve forces.

National Guard Promotion Accountability Act

The bill authorizes appropriations and sets forth policies regarding military personnel; compensation and other personnel benefits; health care; acquisition policy and management; DOD organization and management; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; working capital funds; chemical agents and munitions destruction; drug interdiction and counter-drug activities; the Defense Inspector General; the Defense Health Program; the National Defense Sealift Fund; Overseas Contingency Operations; and strategic programs, cyber, and intelligence matters.

Military Construction Authorization Act for Fiscal Year 2019

The bill authorizes appropriations and sets forth policies regarding military construction for the Army, Navy, Air Force, defense agencies, the North Atlantic Treaty Organization Security Investment Program, and Guard and Reserve Forces facilities.

The bill authorizes appropriations for base realignment and closure (BRAC) activities and prohibits an additional BRAC round.

The bill also authorizes appropriations and sets forth policies for DOE national security programs, including the National Nuclear Security Administration, and Defense Nuclear Facilities Safety Board.

The bill authorizes appropriations for Naval Petroleum Reserves and maritime matters.

Full Text


H. R. 5515




AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen

    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:


DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization Of Appropriations


Subtitle B—Army Programs


Subtitle C—Navy Programs


Subtitle D—Air Force Programs


Subtitle E—Defense-wide, Joint, and Multiservice Matters


TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of appropriations


Subtitle B—Program requirements, restrictions, and limitations


Subtitle C—Reports and other matters


TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations


Subtitle B—Energy and Environment


Subtitle C—Logistics and Sustainment


Subtitle D—Reports


Subtitle E—Other Matters


TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces


Subtitle B—Reserve Forces


Subtitle C—Authorization of Appropriations


TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy


Subtitle B—Reserve Component Management


Subtitle C—General Service Authorities and Correction of Military Records


Subtitle D—Military Justice


Subtitle E—Other Legal Matters


Subtitle F—Member Education, Training, Resilience, and Transition


Subtitle G—Defense Dependents’ Education


Subtitle H—Military Family Readiness Matters


Subtitle I—Decorations and Awards


Subtitle J—Miscellaneous Reports and Other Matters


TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances


Subtitle B—Bonuses and Special Incentive Pays


Subtitle C—Other Matters


TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE and Other Health Care Benefits


Subtitle B—Health Care Administration


Subtitle C—Reports and Other Matters


TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS


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


PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO PROVIDE ROOM FOR NEW PART V OF SUBTITLE A


PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW


Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations


Subtitle C—Provisions Relating to Major Defense Acquisition Programs


Subtitle D—Provisions Relating to Commercial Items


Subtitle E—Industrial Base Matters


Subtitle F—Small Business Matters


Subtitle G—Provisions Related to Software and Technical Data Matters


Subtitle H—Other Matters


TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Office of the Secretary of Defense and Related Matters


Subtitle B—Organization and Management of Other Department of Defense Offices and Elements


Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction


Subtitle D—Other Department of Defense Organization and Management Matters


Subtitle E—Other Matters


TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters


Subtitle B—Naval Vessels and Shipyards

Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels.

Subtitle C—Counterterrorism


Subtitle D—Miscellaneous Authorities and Limitations


Subtitle E—Studies and Reports


Subtitle F—Other Matters


TITLE XI—CIVILIAN PERSONNEL MATTERS


TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and training


Subtitle B—Matters relating to Afghanistan and Pakistan


Subtitle C—Matters relating to Syria, Iraq, and Iran


Subtitle D—Matters relating to the Russian Federation


Subtitle E—Matters relating to the Indo-Pacific region


Subtitle F—Reports and other matters


TITLE XIII—COOPERATIVE THREAT REDUCTION


TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military programs


Subtitle B—Armed forces retirement home


Subtitle C—Other matters


TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of appropriations


Subtitle B—Financial matters


Subtitle C—Other matters


TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities


Subtitle B—Defense Intelligence and Intelligence-Related Activities


Subtitle C—Cyberspace-Related Matters


Subtitle D—Nuclear forces


Subtitle E—Missile Defense Programs


Subtitle F—Other Matters


TITLE XVII—REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS

Subtitle A—Committee on Foreign Investment in the United States


Subtitle B—Export Control Reform


PART I—AUTHORITY AND ADMINISTRATION OF CONTROLS


PART II—ANTI-BOYCOTT ACT OF 2018


PART III—ADMINISTRATIVE AUTHORITIES


Subtitle C—Miscellaneous


DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS


TITLE XXI—ARMY MILITARY CONSTRUCTION


TITLE XXII—NAVY MILITARY CONSTRUCTION


TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION


TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION


TITLE XXV—INTERNATIONAL PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program


Subtitle B—Host country in-kind contributions


TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Subtitle A—Project Authorizations and Authorization of Appropriations


Subtitle B—Other matters


TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES


TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing


Subtitle B—Real Property and Facilities Administration


Subtitle C—Land Conveyances


Subtitle D—Other Matters


TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION


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


Subtitle B—Program Authorizations, Restrictions, and Limitations


Subtitle C—Plans and Reports


Subtitle D—Other Matters


TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD


TITLE XXXIV—NAVAL PETROLEUM RESERVES


TITLE XXXV—MARITIME MATTERS

Subtitle A—Maritime Administration


Subtitle B—Coast Guard


Subtitle C—Coast Guard and Shipping Technical Corrections

CHAPTER 1—COAST GUARD


CHAPTER 2—MARITIME TRANSPORTATION


DIVISION D—FUNDING TABLES


TITLE XLI—PROCUREMENT


TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION


TITLE XLIII—OPERATION AND MAINTENANCE


TITLE XLIV—MILITARY PERSONNEL


TITLE XLV—OTHER AUTHORIZATIONS


TITLE XLVI—MILITARY CONSTRUCTION


TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

SEC. 3. Congressional defense committees.

In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

SEC. 4. Budgetary effects of this Act.

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE IPROCUREMENT


Subtitle A—Authorization Of Appropriations


Subtitle B—Army Programs


Subtitle C—Navy Programs


Subtitle D—Air Force Programs


Subtitle E—Defense-wide, Joint, and Multiservice Matters

subtitle AAuthorization 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.

subtitle BArmy 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 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 CNavy 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.

(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.

(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.

(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.

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.

(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 DAir 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 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).

(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.

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.

(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.

subtitle EDefense-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

(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.

(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 IIResearch, development, test, and evaluation


Subtitle A—Authorization of appropriations


Subtitle B—Program requirements, restrictions, and limitations


Subtitle C—Reports and other matters

subtitle AAuthorization 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 BProgram 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 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.—

(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 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.

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.

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”.

(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.

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 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:

§ 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 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:

§ 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 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

(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.

(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 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.”.

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.

(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).

(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 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.

(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;

(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.

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”.

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;

(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 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 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 CReports 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.”.

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;

(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.

(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 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.”.

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.

(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 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 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 IIIOperation and Maintenance


Subtitle A—Authorization of Appropriations


Subtitle B—Energy and Environment


Subtitle C—Logistics and Sustainment


Subtitle D—Reports


Subtitle E—Other Matters

subtitle AAuthorization 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 BEnergy 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

“(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;”.

(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 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;

(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)”.

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

(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.

(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 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 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.

(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 CLogistics 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.

“(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:

§ 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.

“(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 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.

(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.

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 DReports

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

(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.”.

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—

(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 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, 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.

(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.

(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 EOther 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.”.

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.

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 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;

(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 IVMilitary Personnel Authorizations


Subtitle A—Active Forces


Subtitle B—Reserve Forces


Subtitle C—Authorization of Appropriations

subtitle AActive 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.

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 BReserve 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.

(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 CAuthorization 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 VMilitary Personnel Policy


Subtitle A—Officer Personnel Policy


Subtitle B—Reserve Component Management


Subtitle C—General Service Authorities and Correction of Military Records


Subtitle D—Military Justice


Subtitle E—Other Legal Matters


Subtitle F—Member Education, Training, Resilience, and Transition


Subtitle G—Defense Dependents’ Education


Subtitle H—Military Family Readiness Matters


Subtitle I—Decorations and Awards


Subtitle J—Miscellaneous Reports and Other Matters

subtitle AOfficer 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 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:

§ 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 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.”.

(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:

(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:

“(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—

(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 VIALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
“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.

§ 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.

“(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.

§ 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.

§ 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.

“(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.

§ 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.

§ 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.

§ 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).

§ 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 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.

§ 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.

§ 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.

§ 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 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:

§ 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 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.

“(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”.

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 BReserve 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 of the table pertaining to the Air National Guard and inserting the following:


“Air National Guard:   
 MajorLieutenant ColonelColonel
10,000763745333
12,000915923377
14,0001,0651,057402
16,0001,2111,185426
18,0001,3471,313450
20,0001,4631,440468
22,0001,6061,569494
24,0001,7391,697517
26,0001,8721,825539
28,0002,0051,954562
30,0002,1382,082585
32,0002,2712,210608
34,0002,4042,338630
36,0002,5372,466653
38,0002,6702,595676
40,0002,8032,723698”.

(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-8E-9
10,0001,350550
12,0001,466594
14,0001,582636
16,0001,698676
18,0001,814714
20,0001,930752
22,0002,046790
24,0002,162828
26,0002,278866
28,0002,394904
30,0002,510942
32,0002,626980
34,0002,7421,018
36,0002,8581,056
38,0002,9741,094
40,0003,0901,132”.

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”.

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”.

subtitle CGeneral 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:

§ 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.

“(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.

(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.

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 DMilitary 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):

§ 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

“(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.

(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 EOther 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:

“(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.

“(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—

(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;

(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 FMember 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:

§ 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 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 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.”.

(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

“(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:

“(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 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.—

(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:

§ 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 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:

(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.

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 GDefense 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).

(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.

(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 HMilitary Family Readiness Matters

SEC. 571. Department of Defense Military Family Readiness Council matters.

(a) Member matters.—

(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).”.

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:

§ 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—

(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 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.

(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 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.

(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.

(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).

(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 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 IDecorations 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.

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 JMiscellaneous 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.”.

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.—

(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 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 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 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 VICompensation and Other Personnel Benefits


Subtitle A—Pay and Allowances


Subtitle B—Bonuses and Special Incentive Pays


Subtitle C—Other Matters

subtitle APay 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 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.

(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 BBonuses 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”:

(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.

(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 COther 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:

§ 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.

“(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— <