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

Introduced: 2018-06-19
Bill Status: Message on Senate action sent to the House.
 

National Defense Authorization Act for Fiscal Year 2019

This bill authorizes FY2019 appropriations and sets forth policies for Department of Defense (DOD) programs and activities, including military personnel strengths. It does not provide budget authority, which is provided in subsequent appropriations legislation.

The bill authorizes appropriations to DOD for: (1) Procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and space procurement; (2) Research, Development, Test, and Evaluation; (3) Operation and Maintenance; (4) Working Capital Funds; (5) Chemical Agents and Munitions Destruction; (6) Drug Interdiction and Counter-Drug Activities; (7) the Defense Inspector General; (8) the Defense Health Program; (9) the Armed Forces Retirement Home; (10) Overseas Contingency Operations; and (11) Military Construction.

The bill also authorizes the FY2019 personnel strength for active duty and reserve forces and sets forth policies regarding military personnel, acquisition policy and management, international programs, and National Guard and Reserve Forces facilities.

Full Text


115th CONGRESS
2d Session
H. R. 5515


AN ACT

    To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “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 seven 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—Coast Guard Authorization Act of 2017.

(5) Division E—National Strategic and Critical Minerals Production.

(6) Division F—Fees for Medical Services Provided by National Park Service Personnel.

(7) Division G—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—Regular Component Management


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 and Military Family Readiness Matters


Subtitle H—Decorations and Awards


Subtitle I—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 Commercial Items


Subtitle D—Industrial Base Matters


Subtitle E—Small Business Matters


Subtitle F—Other Matters


TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Organization and Management of the Department of Defense Generally


Subtitle B—Comprehensive Pentagon Bureaucracy Reform and Reduction


Subtitle C—Other Matters


Subtitle D—Designation of the Navy and Marine Corps


TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters


Subtitle B—Counterdrug Activities


Subtitle C—Naval Vessels and Shipyards

Sec. 1024. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels.

Subtitle D—Counterterrorism


Subtitle E—Miscellaneous Authorities and Limitations


Subtitle F—Studies and Reports


Subtitle G—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—Other matters


Subtitle G—Matters relating to Burma


TITLE XIII—COOPERATIVE THREAT REDUCTION


TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military programs


Subtitle B—Other matters


TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of appropriations


Subtitle B—Financial matters


Subtitle C—Limitations, reports, and 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


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—Military Land Withdrawals


Subtitle E—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—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—COAST GUARD AUTHORIZATION ACT OF 2017


TITLE XLI—REORGANIZATION OF TITLE 14, UNITED STATES CODE


TITLE XLII—AUTHORIZATIONS


TITLE XLIII—COAST GUARD


TITLE XLIV—PORTS AND WATERWAYS SAFETY


TITLE XLV—MARITIME TRANSPORTATION SAFETY


TITLE XLVI—ADVISORY COMMITTEES


TITLE XLVII—FEDERAL MARITIME COMMISSION


TITLE XLVIII—MISCELLANEOUS


DIVISION E—NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION


DIVISION F—FEES FOR MEDICAL SERVICES PROVIDED BY NATIONAL PARK SERVICE PERSONNEL


DIVISION G—FUNDING TABLES


TITLE LXXI—PROCUREMENT


TITLE LXXII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION


TITLE LXXIII—OPERATION AND MAINTENANCE


TITLE LXXIV—MILITARY PERSONNEL


TITLE LXXV—OTHER AUTHORIZATIONS


TITLE LXXVI—MILITARY CONSTRUCTION


TITLE LXXVII—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.

DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE IPROCUREMENT

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 7101.

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. 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.

subtitle CNavy Programs

SEC. 121. Increase in number of operational aircraft carriers of the Navy.

(a) Findings.—Congress finds the following:

(1) The aircraft carrier can fulfill the Navy’s core missions of forward presence, sea control, ensuring safe sea lanes, and power projection as well as providing flexibility and versatility to execute a wide range of additional missions.

(2) Forward airpower is integral to the security and joint forces operations of the United States. Carriers play a central role in delivering forward airpower from sovereign territory of the United States in both permissive and nonpermissive environments.

(3) Aircraft carriers provide our Nation the ability to rapidly and decisively respond to national threats, as well as conducting worldwide, on-station diplomacy and providing deterrence against threats to the United States allies, partners, and friends.

(4) Since the end of the cold war, aircraft carrier deployments have increased while the aircraft carrier force structure has declined.

(5) Considering the increased array of complex threats across the globe, the Navy aircraft carrier is operating at maximum capacity, increasing deployment lengths and decreasing maintenance periods in order to meet operational requirements.

(6) To meet global peacetime and wartime requirements, the Navy has indicated a requirement to maintain two aircraft carriers deployed overseas and have three additional aircraft carriers capable of deploying within 90 days. However, the Navy has indicated that the existing aircraft carrier force structure cannot support these military requirements.

(7) Despite the requirement to maintain an aircraft carrier strike group in both the United States Central Command and the United States Pacific Command, the Navy has been unable to generate sufficient capacity to support combatant commanders and has developed significant carrier gaps in these critical areas.

(8) Because of the continuing use of a diminished aircraft carrier force structure, extensive maintenance availabilities result which typically exceed program costs and increase time in shipyards. These expansive maintenance availabilities exacerbate existing carrier gaps.

(9) Developing an alternative design to the Ford-class aircraft carrier is not cost beneficial. A smaller design is projected to incur significant design and engineering cost while significantly reducing magazine size, carrier air wing size, sortie rate, and on-station effectiveness, among other vital factors, as compared to the Ford-class. Furthermore, a new design will delay the introduction of future aircraft carriers, exacerbating existing carrier gaps and threatening the national security of the United States.

(10) The 2016 Navy Force Structure Assessment states “A minimum of 12 aircraft carriers are required to meet the increased warfighting response requirements of the Defense Planning Guidance Defeat/Deny force sizing direction.”.

(b) Sense of congress.—It is the sense of Congress that—

(1) the United States should expedite delivery of 12 aircraft carriers; and

(2) an aircraft carrier should be authorized every three years.

(c) Increase in number of operational aircraft carriers of the navy.—

(1) INCREASE.—Section 5062(b) of title 10, United States Code, is amended by striking “11 operational aircraft carriers” and inserting “12 operational aircraft carriers”.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2022.

SEC. 122. 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 subsection (a) 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) 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.

(c) 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.

(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 is subject to the availability of appropriations for that purpose for such fiscal year.

SEC. 123. 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. 124. Multiyear procurement authority for amphibious vessels.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of not more than five amphibious vessels.

(b) Limitation.—The Secretary of the Navy may not modify a contract entered into under subsection (a) if the modification would increase the target price of an amphibious vessel by more than 10 percent above the target price specified in the original contract awarded for the amphibious vessel under subsection (a).

(c) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the amphibious vessels for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the amphibious vessels, including procurement of—

(1) long lead time material; or

(2) material or equipment in economic order quantities when cost savings are achievable.

(d) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(e) Limitation on termination liability.—A contract for the construction of amphibious vessels entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the amphibious vessels covered by the contract regardless of the amount obligated under the contract.

(f) Amphibious vessel defined.—The term “amphibious vessel” means a San Antonio class amphibious transport dock ship with a Flight II configuration.

SEC. 125. 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) 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) 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. 126. 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. 127. 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. 128. 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;

(4) installation of equipment associated with improved F/A–18 physiological monitoring and alert systems; and

(5) installation of an automatic ground collision avoidance system.

(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. 129. Frigate class ship program.

(a) Technical data.—

(1) REQUIREMENT.—As part of the solicitation for proposals for the procurement of any frigate class ship, the Secretary of the Navy shall require that an offeror submit a proposal that provides for conveying technical data as part of the proposal for the frigate.

(2) RIGHTS OF THE UNITED STATES.—The Secretary of the Navy shall ensure that the Government’s rights in technical data for any frigate class ship are sufficient to allow the Government to—

(A) by not later than the date on which funds are obligated for the last covered frigate, use the technical data to conduct a full and open competition (pursuant to section 2304 of title 10, United States Code) for any subsequent procurement of a frigate class ship; and

(B) transition the frigate class ship combat systems to Government-furnished equipment to achieve open architecture and foster competition to modernize future systems.

(b) Definitions.—In this section:

(1) The term “covered frigate” means each of the first 10 frigate class ships procured after January 1, 2020.

(2) The term “technical data” means a compilation of detailed engineering plans and specifications for the construction of a frigate class ship.

SEC. 130. Limitation on procurement of economic order quantities for Virginia class submarine program.

Section 124 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in subsection (c)(2), by striking “material” and inserting “subject to subsection (d), material”;

(2) by redesignating subsection (d) through (f) as subsections (e) through (g), respectively; and

(3) by inserting after subsection (c), the following:

“(d) Limitation on procurement of economic order quantities.—The Secretary of the Navy may not enter into contracts for economic order quantities under subsection (c)(2) until the date on which the Secretary certifies to the congressional defense committees that any funds made available for such contracts will be used to procure economic order quantities of material and equipment for not fewer than 12 Virginia class submarines.”.

SEC. 131. Limitation on use of funds for DDG–51 destroyers.

None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Shipbuilding and Conversion, Navy, for DDG–51 class destroyers may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees a report that includes—

(1) a detailed description of the current degaussing standards;

(2) a plan for incorporating such standards into the destroyer construction program; and

(3) an assessment of the requirement to backfit such standards 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 primary assigned 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 primary assigned 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 ‘primary assigned 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. 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.—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 for three KC-46A aircraft until the Secretary of the Air Force submits the certification required under subsection (a).

SEC. 143. 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. 144. 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. 145. Multiyear procurement authority for C–130J aircraft.

(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 up to 52 C–130J 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. 146. Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program.

Section 135(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “a period of 30 days has elapsed following”.

SEC. 147. Findings and sense of Congress regarding KC–46 aerial refueling tankers.

(a) Findings.—Congress makes the following findings:

(1) Aerial refueling tankers provide an essential foundation for our nation’s ability to project power and deter adversaries, enabling the global reach of our joint force.

(2) 87 percent of the legacy aerial refueling fleet is comprised of KC–135 aircraft with an average age of 56 years.

(3) The Commander of United States Transportation Command has identified the aerial refueling fleet as the “most stressed of our air mobility forces” and stated that “delaying KC–46 production puts the Joint Force’s ability to effectively execute war plans at risk”.

(4) As directed by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Air Force is undertaking an updated mobility capability and requirements study that will reflect guidance articulated in the 2018 National Defense Strategy and reassess the current tanker requirement of 479 aircraft.

(5) The fixed-price contract for KC–46A calls for 179 aircraft to be delivered by 2028.

(6) The KC–46 is a multirole platform that will bring enhanced capabilities to both the aerial refueling and strategic airlift missions. The aircraft provides the ability to refuel joint and coalition aircraft by both boom and drogue systems in the same sortie; improved cargo, passenger and aeromedical evacuation capabilities; and enhanced survivability with multiple layers of protection enabling it to operate safely in a broader range of threat environments than legacy tankers.

(7) The Government Accountability Office has stated: “The KC–46 program’s total acquisition cost estimate remained stable over the past year at $44,400,000,000, which is about $7,300,000,000 less than the original estimate.”

(8) The Commander of Air Mobility Command has stated that the KC–46 “will bring tremendous capability to our joint warfighter”.

(9) The Assistant Secretary of the Air Force for Acquisition has stated: “Stability of requirements and funding are the keys to KC–46 program success and will enable the Air Force to deliver this new tanker ready for employment on day one.”

(10) The Military Deputy to the Assistant Secretary of the Air Force for Acquisition has identified the KC–46 as the Air Force’s second highest combat aviation acquisition priority “for the role that it plays in being able to power project”.

(11) With the support of Congress, the Air Force has executed three low rate initial production contracts for a total of 34 aircraft. In fiscal year 2018, Congress provided funding for a fourth production lot totaling 18 aircraft.

(12) A steady production rate of 1.3 aircraft per month has been maintained through independent investment by industry in order to expedite deliveries to the Air Force upon completion of developmental testing and certification.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Air Force and industry should dedicate the resources and manpower necessary to ensure the first KC–46 is delivered in fiscal year 2018;

(2) the Air Force should maximize efficiency in the test and certification process to ensure that—

(A) test points are not redundant;

(B) test plans are approved expeditiously;

(C) receiver aircraft are available to support test flights; and

(D) Air Force inputs necessary for Federal Aviation Administration and military airworthiness certifications are expedited; and

(3) the Assistant Secretary of the Air Force for Acquisition and the Director of the Defense Contract Management Agency should develop and implement a plan enabling the Air Force to accept and field KC–46 aircraft at a rate higher than three aircraft per month after the delivery of the first aircraft.

SEC. 148. Sense of Congress on conversion of F–22 aircraft.

(a) Findings.—Congress finds the following:

(1) Accelerating the modernization upgrade of F–22A Block 20 training and test aircraft would significantly increase the total available inventory of combat-capable F–22A Block 35 fighter aircraft.

(2) Converting 34 F–22A Block 20 aircraft to a Block 35 configuration would drastically improve the readiness and health of the entire F–22A fleet and increase flexibility to manage availability of the combat-coded Block 35 fleet, which is accumulating more operational flight hours than initially anticipated.

(3) Making the conversions described in paragraph (2) would be a cost-effective way to increase the F–22's combat-capable force by 27 percent.

(4) If the conversion effort is not included in future base budgets, it would be advisable for the Department of Defense to support the effort as an unfunded priority.

(b) Sense of Congress.—It is the sense of Congress that the Secretary of the Air Force should accelerate modernization of the F–22 Block 20 training and test aircraft as quickly as possible.

subtitle EDefense-wide, Joint, and Multiservice Matters

SEC. 151. 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. 152. 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. 153. 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 vehicle 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.

TITLE IIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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 7201.

subtitle BProgram Requirements, Restrictions, and Limitations

SEC. 211. Modification of authority to carry out certain prototype projects.

Section 2371b(f) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

“(4) Contracts or transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) may be awarded only upon written determination by the senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41, or, by the senior procurement executive for the Defense Advanced Research Projects Agency that award of the contract or transaction is essential to meet critical national security interests.

“(5) Contracts and transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $500,000,000 (including all options) may be awarded only if—

“(A) the Under Secretary of Defense for Acquisition and Sustainment determines in writing that award of the contract or transaction is essential to meet critical national security objectives; and

“(B) the congressional defense committees are notified in writing not later than 30 days before award of the contract or transaction.”.

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 pending certification on the Joint Surveillance Target Attack Radar System recapitalization program.

(a) Limitation.—Until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the certification described in subsection (b)—

(1) of the total amount of funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the covered programs not more than 50 percent may be obligated or expended for the programs; and

(2) the Secretary of the Air Force may not divest more than one legacy E–8 Joint Surveillance Target Attack Radar System aircraft.

(b) Certification.—The certification described in this subsection is a written statement of the Secretary of the Air Force certifying that—

(1) the Secretary has awarded one or more contracts under the Joint Surveillance Target Attack Radar System recapitalization program for—

(A) engineering, manufacturing, and development;

(B) low-rate initial production;

(C) production; and

(D) initial contractor support; and

(2) the program is proceeding in accordance with the plans for the program set forth in the budget request of the President submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2018.

(c) 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 1, 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 Committee on Armed Services of the House of Representatives 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.

(d) 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 Joint Surveillance Target Attack Radar System recapitalization program achieves initial operational capability; and

(2) a plan that describes how the Secretary will—

(A) continue to provide combatant commanders with the current level of E–8C force support;

(B) accelerate the Joint Surveillance Target Attack Radar System recapitalization program to significantly decrease the time needed to achieve initial operational capability without adversely affecting currently programmed E–8C manpower levels; and

(C) maintain acceptable levels of risk while carrying out the activities described in subparagraphs (A) and (B).

(e) Program office personnel.—Using funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the Joint Surveillance Target Attack Radar System recapitalization program, the Secretary of the Air Force may obligate and expend funds necessary for civilian pay expenses required to manage, execute, and deliver the Joint Surveillance Target Attack Radar System recapitalization weapon system capability.

(f) Covered program defined.—In this section, the term “covered program” means any program comprising Increment 1, Increment 2, or Increment 3, of the 21st Century Advanced Battle-Management System of Systems capability of the Air Force, except the term does not include any activities under the legacy E–8C program or the Joint Surveillance Target Attack Radar System recapitalization program of the Air Force.

SEC. 215. 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. 216. 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 75 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.—Subject to subsection (c), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes a description of each of the following:

(1) The specific cost-estimating tools and methodologies used to formulate Air Force budgets for software application development using Agile Software Development and Software Operations (referred to in this section as “Agile DevOps”) in support of modernization and upgrade activities for Air Operations Centers.

(2) The types of contracts used to execute Agile DevOps activities and the rationale for using each type of contract.

(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) 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.

(5) Any tools and software applications that have been developed for the Air Operations Centers and the costs and cost categories associated with developing each such tool and software application.

(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 and the 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. 217. 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—

(1) a logical roadmap and detailed assessment of the high energy laser programs of the Department of Defense; and

(2) a justification for the $33,533,000 of increased funding for high energy laser programs authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(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. 218. Plan for elimination or transfer of 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; or

(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.

(b) Elements.—The plan required under subsection (a) shall include the following:

(1) A timeline for the potential elimination or transfer 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 while the elimination or transfer is carried out.

(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.

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

SEC. 219. National Security Science And Technology Strategy.

(a) Strategy.—Not later than February 4, 2019, the Secretary of Defense shall develop and implement a strategy (to be known as the “National Security Science and Technology Strategy”) to prioritize the science and technology efforts and investments of the Department of Defense.

(b) Elements.—The strategy under subsection (a) shall—

(1) include specific goals for the science and technology programs of the Department of Defense in which personnel and resources of the Department are invested;

(2) be aligned with the National Defense Strategy and Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;

(3) align the acquisition priorities, programs, and timelines of the Department with the acquisition priorities, programs, and timelines of defense enterprise laboratories and services;

(4) contain an assessment of high priority emerging technology programs of the Department, including programs relating to hypersonics, directed energy, synthetic biology, and artificial intelligence;

(5) identify high priority research and engineering requirements and gaps;

(6) 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; and

(7) contain such other information as the Secretary of Defense determines to be appropriate.

(c) Annual submission.—

(1) IN GENERAL.—Not later than February 4, 2019, and annually thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees the most recent version of the strategy developed under subsection (a).

(2) FORM OF SUBMISSION.—Each strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(d) Briefing.—Not later than 14 days after the date on which the initial strategy under subsection (a) is completed, the Under Secretary of Defense for Research and Engineering shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the strategy.

SEC. 220. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle.

The Secretary of the Navy shall ensure that the aircraft carrier designated CVN–73 is modified 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.

SEC. 220A. Establishment of innovators database 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 establish an innovators database within the Department of Defense in accordance with this section.

(b) Maintenance of database.—The Under Secretary of Defense for Research and Engineering shall maintain the database and ensure that it is periodically updated.

(c) Elements of database.— The database established under subsection (a) shall—

(1) be coordinated across the Department of Defense enterprise to focus on small business innovators that receive funds under the Small Business Innovation Research program or the Small Business Technology Transfer program; and

(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.

(d) Use of database.—After the database is established under subsection (a), the Secretary of Defense shall encourage program offices across the Department of Defense to consult the database 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. 220B. 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 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, including, at minimum, missile defense, cyberspace operations, direct energy, and hypersonics,”.

SEC. 220C. 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 laboratories, industry, and academia.

(b) Open campus program.—In carrying out subsection (a), the Secretary of Defense, acting through the Commander of the Air Force Research Laboratory, may develop and implement an open campus program for the Laboratory which shall be modeled after the open campus program of the Army Research Laboratory.

SEC. 220D. Entrepreneurial education program for personnel of Department of Defense laboratories.

In order to promote a strong, lasting foundation for the national innovation ecosystem and increase the positive economic and social impact of federally funded research, the Secretary of Defense may—

(1) carry out a program (commonly known as an “I-Corps program”) under which entrepreneurship and commercialization education, training, and mentoring is provided to personnel of Department of Defense laboratories; and

(2) determine eligibility requirements for the program.

SEC. 220E. Process for coordination of studies and analysis research of the Department of Defense.

The Secretary of Defense shall implement a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research are required to coordinate annual research requests and ongoing research efforts to minimize duplication and reduce costs.

SEC. 220F. Jet noise reduction program of the Navy.

(a) In general.—The Secretary of the Navy, acting through the Director of the Office of Naval Research, may carry out a jet noise reduction program to study the physics of, and reduce, jet noise produced by high-performance military aircraft.

(b) Elements.—In carrying out the program under subsection (a), the Secretary may—

(1) identify material and non-material solutions to reduce jet noise;

(2) develop and transition such solutions to the fleet;

(3) communicate relevant discoveries to the civilian aviation community; and

(4) support the development of theoretical noise models, computational prediction tools, noise control strategies, diagnostic tools, and enhanced source localization.

SEC. 220G. 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 may 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. 220H. STEM jobs action plan.

(a) Findings.—Congress finds the following:

(1) Jobs in science, technology, engineering, and math in addition to maintenance and manufacturing (collectively referred to in this section as “STEM”) make up a significant portion of the workforce of the Department of Defense.

(2) These jobs exist within the organic industrial base, research, development, and engineering centers, life-cycle management commands, and logistics centers of the Department.

(3) Vital to the continued support of the mission of all of the military services, the Department needs to maintain its STEM workforce.

(4) It is known that the demographics of personnel of the Department indicate that many of the STEM personnel of the Department will be eligible to retire in the next few years.

(5) Decisive action is needed to replace STEM personnel as they retire to ensure that the military does not further suffer a skill and knowledge gap and thus a serious readiness gap.

(b) Assessments and plan of action.—The Secretary of Defense, in conjunction with the Secretary of each military department, shall—

(1) perform an assessment of the STEM workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;

(2) identify the types and quantities of STEM jobs needed to support future mission work;

(3) determine the shortfall between lost STEM personnel and future requirements;

(4) analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM hires;

(5) identify a plan of action to address the STEM jobs gap, including hiring strategies and timelines for replacement of STEM employees; and

(6) deliver to Congress, not later than December 31, 2019, a report specifying such plan of action.

subtitle CReports and Other Matters

SEC. 221. 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. 222. Report on T–45 aircraft physiological episode mitigation actions.

(a) Report required.—Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report on modifications made to T–45 aircraft and associated ground equipment to mitigate the risk of physiological episodes among T–45 aircraft crewmembers.

(b) Elements.—The report required under subsection (a) shall include—

(1) 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;

(2) the results achieved by such modifications as determined by relevant testing and operational activities;

(3) the cost of such modifications; and

(4) any plans of the Navy for future modifications.

SEC. 223. 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. 224. Briefing on use of quantum sciences for military applications and other purposes.

(a) 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 strategy of the Secretary for using quantum sciences for military applications and other purposes.

(b) Elements.—The briefing under subsection (a) shall include—

(1) a description of the knowledge-base of the Department of Defense with respect to quantum sciences, plans to defend against quantum based attacks, and any plans of the Secretary of Defense to enhance such knowledge-base;

(2) a plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department; and

(3) an assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes.

(c) Form of briefing.—The briefing under subsection (a) may be provided in classified or unclassified form.

SEC. 225. 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, 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 use of other transaction authority by the Unit to include the process, procedures, documentation, and oversight of awards made using such authority.

(5) 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 the number of non-traditional companies with Department of Defense contracts resulting directly from the Unit’s initiatives, investments, or outreach;

(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.

(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 execution.

SEC. 226. Increase in funding for divertor test tokamak research and development.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 7701 for Department of Energy National Security Programs, as specified in the corresponding funding table in section 7701, for research, development, test, and evaluation, inertial confinement fusion ignition and high yield, is hereby increased by $3,000,000 (to be used for divertor test tokamak research and development).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 7101 for procurement, as specified in the corresponding funding table in section 7101, for procurement of ammunition, Air Force, flares (Line 015) is hereby reduced by $3,000,000.

SEC. 227. Briefing on innovative mobile security technology capabilities.

(a) Sense of Congress.—It is the sense of the Congress that—

(1) government-owned mobile technologies remain at risk for targeting or data breaches placing at risk information that could harm national security; and

(2) further, these vulnerabilities exist because current technologies do not possess the necessary security features required to mitigate the threats of credential theft, active surveillance from microphones and cameras, and tracking of user movements and location.

(b) Briefing required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on—

(1) threats posed by credential theft, active surveillance from microphones and cameras, and tracking of user movements and location;

(2) the commercial availability of technologies to mitigate these threats; and

(3) strategies and feasibilities of deploying mobile security technologies within the Department.

SEC. 228. 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. 229. 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, 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. 230. Funding for development of canine plasma for hemorrhagic control.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 7201, for the United States Special Operations Command is hereby increased by $5,000,000 for the development of freeze-dried canine plasma for hemorrhagic control.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 101 for procurement, Defense-wide, as specified in the corresponding funding table in section 7101, for the United States Special Operations Command is hereby reduced by $5,000,000.

SEC. 231. Sense of Congress on partnerships for next generation hypersonics capabilities.

It is the sense of Congress that the Secretary of the Air Force should consider entering into long-term partnerships with institutions of higher education, similar to the partnerships between such institutions and the Army and the Navy, to conduct research and science and engineering education for next generation hypersonics capabilities.

TITLE IIIOperation and Maintenance

subtitle AAuthorization of Appropriations

SEC. 301. Authorization of appropriations.

Funds are here by 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 7301.

subtitle BEnergy and Environment

SEC. 311. Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations.

Section 2864 of title 10, United States Code, is amended—

(1) in subsection (a)(2)—

(A) in subparagraph (C), by striking “and” at the end;

(B) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following new subparagraph:

“(E) energy and climate resiliency efforts.”; and

(2) in subsection (d), by adding at the end the following new paragraph:

“(3) The term ‘energy and climate resiliency’ means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.”.

SEC. 312. 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. 313. 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 request described in clause (i) made by the Department of Defense, such clause shall be applied—

“(I) in the matter preceding clause (I), by substituting ‘ten consecutive years’ for ‘five consecutive years’; and

“(II) in clause (I), by substituting ‘ten-year’ for ‘five-year’.”.

SEC. 314. State management and conservation of species.

(a) Sage-grouse and Prairie-Chicken.—

(1) IN GENERAL.—During the 10-year period beginning on the date of the enactment of this Act, the conservation status of each of the Greater Sage-grouse (Centrocerus urophasianus) and the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) shall be not-warranted for listing.

(2) SUBSEQUENT DETERMINATIONS.—In determining conservation efficacy for purposes of making any determination of such status after such 10-year period, the Secretary of the Interior shall fully consider all conservation actions of States, Federal agencies, and military installations.

(b) American burying beetle.—Notwithstanding the final rule of the United States Fish and Wildlife Service entitled “Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle” (54 Fed. Reg. 29652 (July 13, 1989)), the American burying beetle (Nicrophorus americanus) may not be listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(c) Judicial review.—Notwithstanding any other provision of statute or regulation, this section shall not be subject to judicial review.

SEC. 315. 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.

(c) Briefing required.—Not later than 120 days after enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on initiatives being pursued to accelerate environmental restoration efforts.

SEC. 316. Production and use of natural gas at Fort Knox.

(a) Production and use of natural gas at Fort Knox.—Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:

§ 4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky

“(a) Authority.—(1) The Secretary of the Army may provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).

“(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).

“(b) Limitation on uses.—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.

“(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.

“(d) Applicability.—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.”.

SEC. 317. 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 adding at the end 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 explosive ordnance disposal defense program within the Department of Defense;

“(B) designate the Assistant Secretary of Defense for Nuclear, Chemical, Biological Defense Programs as the key individual for the explosive ordnance disposal defense program that develops and oversees policy, plans, programs and budgets, and issues guidance and provides 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 that provides oversight of the joint program executive officer whom 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 the Director of the Defense Threat Reduction Agency as the responsible combat support agency that will 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 title 10 during research projects including rapid prototyping and limited procurement urgent activities, and acquisition;

“(E) designate an Army explosive ordnance disposal-qualified general officer as the responsible senior leader of the Defense Threat Reduction Agency’s Joint Improvised-Threat Defeat Organization that serves as the Chairman of the Department of Defense explosive ordnance disposal defense program board;

“(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 department’s developed explosive ordnance disposal tools, equipment, sets, kits and outfits.

“(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) operations and maintenance; and

“(B) overseas contingency operations.

“(d) Definitions.—In this section:

“(1) The term ‘explosive ordnance’ means any munitions containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including—

“(A) bombs and warheads;

“(B) guided and ballistic missiles;

“(C) artillery, mortar, rocket, and small arms munitions;

“(D) mines, torpedoes, and depth charges;

“(E) demolition charges;

“(F) pyrotechnics;

“(G) clusters and dispensers;

“(H) cartridge and propellant actuated devices;

“(I) electro-explosives devices;

“(J) clandestine and improvised explosive devices, including improvised nuclear, chemical and biological devices; and

“(K) similar or related items or components explosive in nature.

“(2) The term ‘disposal’ means, with respect to explosive ordnance, the assessment, sampling, detection, identification, verification, field evaluation, defeat, disablement, neutralization, or rendering-safe, war-head packaging, recovery, exploitation, and final disposition of ordnance.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter, as amended by section 851, is further amended by adding at end the following new section:

“2284. Explosive Ordnance Disposal Defense Program.”.

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 the impact wind farms have on weather radars and subsequently Department of Defense operations and readiness.

(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 used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service for weather forecasts and warnings.

(2) The subsequent impacts of wind farms on Department of Defense aviation readiness, including—

(A) Department of Defense air traffic control radars;

(B) minimum vectoring altitudes, in particular around military flight training bases;

(C) air-to-ground drop zones;

(D) air-to-ground bombing and test ranges;

(E) military operating areas that extend to the surface;

(F) military training routes;

(G) over-the-horizon radars; and

(H) Department of Defense weather radars.

(3) Examples of when interference from the wind farms has affected the ability of the National Oceanic and Atmospheric Administration to forecast or warn for dangerous weather.

(4) Recommendations to reduce, mitigate, or eliminate the potential impacts.

(5) An analysis of the distance that wind turbines need to be away from the radars to ensure no impact.

(6) Recommendations for addressing the impacts to NEXRADs and weather radar due to increasing turbine heights.

(7) Recommendations to reduce or eliminate impacts of existing wind turbines, including those projects that are being repowered by developers to increase turbine heights.

(8) 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.

(9) 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.

(10) Recommendations to reduce or eliminate the cumulative impacts of multiple wind farms.

(11) 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.

(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 120 days 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).

subtitle CLogistics and Sustainment

SEC. 321. Examination of naval vessels.

Section 7304(a) 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 paragraphs:

“(2) Any naval vessel examined under this section on or after October 1, 2019, shall be examined without prior notice provided to the crew of the vessel.

“(3) Any report generated relating to an examination under this section shall be unclassified and made publicly available.”.

SEC. 322. Overhaul and repair of naval vessels in foreign shipyards.

(a) Treatment of naval vessels without designated homeports.—Subsection (a)(1) of section 7310 of title 10, United States Code, is amended by adding at the end the following new sentence: “For the purpose of this section, a naval vessel that does not have a designated homeport shall be treated in the same manner as a vessel with a homeport in the United States or Guam.”.

(b) Definition of voyage repair.—Such section is further amended—

(1) in subsection (c)—

(A) in paragraph (3)(C), by striking “as defined” and all that follows through “Volume III”; and

(B) by striking paragraph (5); and

(2) by adding at the end the following new subsection:

“(d) Definitions.—In this section:

“(1) The term ‘covered naval vessel’ means any of the following:

“(A) A naval vessel.

“(B) Any other vessel under the jurisdiction of the Secretary of the Navy.

“(C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.

“(2) The term ‘voyage repair’ means repair performed solely for the corrective maintenance of mission or safety essential items necessary for a vessel to deploy or continue its deployment.”.

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 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) 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 90 days after the date of the enactment of this Act, 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 USC 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. Army advanced and additive manufacturing center of excellence.

(a) Designation.—The Secretary of the Army shall establish a Center of Excellence on Advanced and Additive Manufacturing at an arsenal (hereafter referred to as “the Center”).

(b) Purposes.—The Center established in section (a) shall—

(1) support the efforts of the Army to implement advanced and additive manufacturing techniques and capabilities across the Army industrial facilities (as defined by section 4544(j) of title 10, United States Code);

(2) identify improvements to sustainment methods for component parts and other logistics needs;

(3) identify and implement appropriate cyber protections to ensure viability of advanced and additive manufacturing within the Army organic industrial base in consultation with the Army Cyber Center of Excellence and other appropriate government and private sector entities; and

(4) aid in the procurement of advanced and additive manufacturing equipment and support services including training.

(c) Assistance.—

(1) IN GENERAL.—The Secretary of the Army may use public-private partnerships and other transactional activity pursuant to section 2371 of title 10, United States Code, with covered entities to facilitate the development of advanced and additive manufacturing techniques in support of Army industrial facilities.

(2) TERMS OF PARTNERSHIPS AND AGREEMENTS.—Public-private partnerships and other transactional activity under paragraph (1)—

(A) shall facilitate development and implementation of advanced and additive manufacturing techniques and capabilities that support the Army organic industrial base;

(B) may support necessary workforce development and support efforts to sustain advanced and additive manufacturing in the Army organic industrial base;

(C) shall facilitate appropriate sharing of information in the adaptation of advanced and additive manufacturing into the Army organic industrial base;

(D) shall facilitate implementation of appropriate cyber protections into advanced and additive manufacturing tools and techniques; and

(E) may include the use of on-the-job training to ensure participants are able to learn the skills necessary for successful careers in additive manufacturing.

(d) Definition of covered entity.—In this section, the term “covered entity” includes—

(1) community and technical colleges;

(2) research universities;

(3) State and local governments;

(4) economic development entities;

(5) non-profit technical associations in advanced manufacturing; and

(6) non-profit organizations with a focus on improving the defense industrial base.

SEC. 328. 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 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. 329. Report on effects of increased automation of defense industrial base on manufacturing workforce.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—

(1) an estimate of the number of jobs in the United States manufacturing workforce expected to be eliminated due to automation in the defense sector;

(2) an analysis describing any new types of jobs that are expected to be established as a result of an increasingly automated process, including an estimate of the number of these types of jobs that are expected to be created;

(3) an analysis of the potential threats to the national security of the United States that are unique to the automation of the defense industry;

(4) a strategy to assist in providing workforce training and transition preparation for workers who may lose manufacturing jobs in the defense industry due to automation;

(5) a description of any training necessary for workers affected by automation to more easily transition to new types of jobs within the defense manufacturing industry; and

(6) any actions taken, or planned to be taken, by the Department of Defense to assist in worker transition.

subtitle DReports

SEC. 331. 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. 332. 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. 333. 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. 334. Report on optimizing surface Navy vessel inspections and crew certifications.

(a) Report required.—Not later than 1 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. 335. 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 State 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 2462, 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. 336. Report on personal protective equipment requirements for civil response teams to volcanic activity.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, the Administrator of the Federal Emergency Management Agency, and the Director of the United States Geological Survey, shall submit to Congress a report on personal protective equipment requirements for civil defense response teams to volcanic activity and civilian communities in the vicinity of active volcanic activity, including protection against sulfur dioxide gas.

(b) Transfer of equipment authorized.—If the Secretary of Defense determines that the Department of Defense is in possession of excess personal protective equipment that is not needed for current and future planned operational requirements, the Secretary may transfer such excess equipment to State and local civil defense agencies upon request from the governor or equivalent official of a State.

(c) Definition of State.—In this section, the term “State” means each of the several States of the United States, the District of Columbia, and any territory, commonwealth, or possession of the United States.

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 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 subcontracts 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 our national security including likelihood of production delay or reduction in quality of steam turbines.

(2) The impact on natural 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.

subtitle EOther Matters

SEC. 341. 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. 342. Shiloh National Military Park boundary adjustment and Parker's Crossroads Battlefield designation.

(a) Areas To be added to Shiloh National Military Park.—

(1) ADDITIONAL AREAS.—The boundary of Shiloh National Military Park is modified to include the areas that are generally depicted on the map entitled “Shiloh National Military Park, Proposed Boundary Adjustment”, numbered 304/80,011, and dated July 2014, as follows:

(A) Fallen Timbers Battlefield.

(B) Russell House Battlefield.

(C) Davis Bridge Battlefield.

(2) ACQUISITION AUTHORITY.—The Secretary may acquire lands described in paragraph (1) by donation, purchase from willing sellers with donated or appropriated funds, or exchange.

(3) ADMINISTRATION.—Any lands acquired under this section shall be administered as part of the Park.

(b) Establishment of affiliated area.—

(1) IN GENERAL.—Parker’s Crossroads Battlefield in the State of Tennessee is hereby established as an affiliated area of the National Park System.

(2) DESCRIPTION.—The affiliated area shall consist of the area generally depicted within the “Proposed Boundary” on the map entitled “Parker’s Crossroads Battlefield, Proposed Boundary”, numbered 903/80,073, and dated July 2014.

(3) ADMINISTRATION.—The affiliated area shall be managed in accordance with this section and all laws generally applicable to units of the National Park System.

(4) MANAGEMENT ENTITY.—The City of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for the affiliated area.

(5) COOPERATIVE AGREEMENTS.—The Secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance with marketing, marking, interpretation, and preservation of the affiliated area.

(6) LIMITED ROLE OF THE SECRETARY.—Nothing in this section authorizes the Secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation, maintenance, or management of the affiliated area.

(7) GENERAL MANAGEMENT PLAN.—

(A) IN GENERAL.—The Secretary, in consultation with the management entity, shall develop a general management plan for the affiliated area. The plan shall be prepared in accordance with section 100502 of title 54, United States Code.

(B) TRANSMITTAL.—Not later than 3 years after the date that funds are made available for this section, the Secretary shall provide a copy of the completed general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(c) Private Property Protection.—

(1) NO USE OF CONDEMNATION.—The Secretary may not acquire by condemnation any land or interests in land under this section or for the purposes of this section.

(2) WRITTEN CONSENT OF OWNER.—No non-Federal property may be included in the Shiloh National Military Park without the written consent of the owner.

(3) NO BUFFER ZONE CREATED.—Nothing in this section, the establishment of the Shiloh National Military Park, or the management plan for the Shiloh National Military Park shall be construed to create buffer zones outside of the Park. That activities or uses can be seen, heard, or detected from areas within the Shiloh National Military Park shall not preclude, limit, control, regulate, or determine the conduct or management of activities or uses outside of the Park.

(d) Definitions.—In this section:

(1) The term “affiliated area” means the Parker’s Crossroads Battlefield established as an affiliated area of the National Park System under subsection (b).

(2) The term “Park” means Shiloh National Military Park, a unit of the National Park System.

(3) The term “Secretary” means the Secretary of the Interior.

SEC. 343. Sense of Congress regarding critical minerals.

It is the sense of Congress that the final composition of the critical minerals list, as ordered by Executive Order No. 13817, should include aggregates, copper, molybendum, gold, zinc, nickel, lead, silver, and certain fertilizer compounds in addition to the 35 minerals included in the draft list, as published on February 16, 2018, for public comment.

SEC. 344. Study on phasing out open burn pits.

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a study on 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. 345. Notification requirements relating to changes to military uniform components.

(a) DLA notification.—The Secretary of a military department shall notify the Commander of the Defense Logistics Agency of plans to make changes to a service member uniform or service member uniform component. Such notification shall be made not less than three years prior to the uniform change.

(b) Contractor notification.—The Commander of the Defense Logistics Agency shall notify a contractor when one of the military services plans to make a change to a military 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 components.

(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 impact operational safety, force protection, or national security interests of the United States, the secretary or the Commander may waive such requirement.

SEC. 346. Assessment, monitoring, and evaluation of security cooperation.

(a) Assessment, monitoring, and evaluation of security cooperation activities.—Of the amount for Operations and Maintenance, Defense-wide made available to the Defense Security Cooperation Agency for fiscal year 2019, not less than $12,000,000 shall be allocated for the assessment, monitoring, and evaluation of security cooperation activities in accordance with section 383 of title 10, United States Code.

(b) Limitation on use of funds.—Of the amount for Operation and Maintenance, Defense-wide made available to the Department of Defense for fiscal year 2019 for activities under section 333 of title 10, United States Code, not more than 50 percent may be expended until the Secretary presents to Congress a written plan for the expenditure of the amount allocated under subsection (a), including—

(1) a description of the activities planned for fiscal year 2019 for the evaluation of security cooperation programs across the security cooperation enterprise, including through chapter 16 of title 10, United States Code, the Afghanistan Security Forces Fund, the Counter-ISIL Fund, the cooperative threat reduction program, and other security cooperation authorities as appropriate; and

(2) a description of the activities planned for fiscal year 2019 for the training, support, and organization of the Department to effectively carry out responsibilities under section 383 of title 10, United States Code.

(c) Offset.—In section 7301 of division G, relating to operation and maintenance, Navy, reduce the amount for administration, Line 510, by $6,000,000.

SEC. 347. Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices in United States Northern Command.

(a) Plan required.—Not later than March 1, 2019, the Secretary of Defense shall provide to the congressional defense committees an unclassified plan on how the United States Northern Command will organize a Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices, over the full range of military operations, including—

(1) combatant commander’s daily operational requirements on joint mission command of explosive ordnance disposal force planning;

(2) protection of the Commander in Chief and critical infrastructures; and

(3) immediate response assistance to civil authorities on improvised explosive devices, military munitions, and explosives technical advice provided at the incident scene.

(b) Elements.—The plan required by subsection (a) shall include each of the following:

(1) An identification of the person to whom the commander of the joint task force reports.

(2) A description of how the Joint Task Force on Explosive Ordnance Disposal and Countering Improvised Explosive Devices would implement its responsibilities under sections 377, 380, 381, 382 and 383 of title 10 United States Code, and Department of Defense Directives 5111.13 and 5111.18.

(3) An example of the standing execution order of the Joint Chiefs that would identify the rotation of tactical units as forces for the Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices during each of fiscal years 2020 through 2025.

(4) A description of whether, in leveraging, integrating, and aligning United States Government efforts, the joint task force plans to detail the explosive ordnance disposal qualified liaison personnel of the joint task force to, or host liaison personnel from, or a combination thereof at any of the following:

(A) The National Joint Terrorism Task Force.

(B) The National Explosives Task Force.

(C) The Critical Incident Response Group.

(D) The Terrorist Explosive Device Analytical Center.

(E) The Bomb Data Center.

(F) The National Center for Explosives Training and Research.

(G) The Hazardous Devices School.

(H) The Office of Bombing Prevention.

TITLE IVMilitary Personnel Authorizations

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, 18,969.

(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 7401.

(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 ARegular Component Management

SEC. 501. Expansion of authority to award constructive service credit for advanced education, experience, or training, upon original appointment as a commissioned officer.

(a) Active-duty list appointments.—Section 533(g) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “with cyberspace-related experience or advanced education” and inserting “with advanced education, special experience, or special training in a designated field”; and

(ii) by striking “critically”;

(B) in subparagraph (A)—

(i) by striking “in a particular cyberspace-related field” and inserting “in such designated field”; and

(ii) by striking “operational”; and

(C) in subparagraph (B)—

(i) by striking “in a cyberspace-related field” and inserting “in such designated field”; and

(ii) by striking “operational”;

(2) by striking paragraph (2) and inserting the following:

“(2) The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—

“(A) colonel in the Army, Air Force, or Marine Corps; or

“(B) captain in the Navy.”; and

(3) by striking paragraph (4) and inserting the following new paragraph:

“(4) In this subsection, the term ‘designated field’ includes the following:

“(A) Cyberspace.

“(B) Any scientific or technical field designated by the Secretary of Defense.

“(C) Any other field designated by the Secretary of Defense as a field—

“(i) that requires a high level of skill; and

“(ii) that an insufficient number of officers possess in the military department concerned.”.

(b) Reserve active-status list appointments.—Section 12207 of such title is amended—

(1) in subsection (a)(2), by striking “subsection (b) or (e)” and inserting “subsection (b), (e), or (g)”;

(2) in subsection (f), by striking “or (e)” and inserting “(e), or (g)”;

(3) by redesignating subsection (g) as subsection (h); and

(4) by inserting after subsection (f) the following new subsection (g):

“(g)(1) Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers serving on the reserve active-status list in an armed force under the jurisdiction of such Secretary with advanced education, special experience, or special training in a designated field is below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following:

“(A) Any period of advanced education in such designated field beyond the baccalaureate degree level if such advanced education is directly related to the needs of the armed force concerned.

“(B) Special experience or special training in such designated field if such experience or training is directly related to the needs of the armed force concerned.

“(2) The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—

“(A) colonel in the Army, Air Force, or Marine Corps; or

“(B) captain in the Navy.

“(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

“(4) In this subsection, the term ‘designated field’ means any of the following:

“(A) Cyberspace.

“(B) Any scientific or technical field designated by the Secretary of Defense.

“(C) Any other field designated by the Secretary of Defense as a field—

“(i) that requires a high level of skill; and

“(ii) that an insufficient number of officers possess in the military department concerned.”.

SEC. 502. Surface warfare officers career paths.

(a) In general.—Chapter 602 of title 10, United States Code, is amended by adding at the end the following new section:

§ 6933. Surface warfare officers: career paths

“Any naval officer who is commissioned as a surface warfare officer on or after January 1, 2021, shall be assigned to one of the following career paths:

“(1) Ship engineering systems.

“(2) Ship operations and combat systems.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“6933. Surface warfare officers: career paths.”.

SEC. 503. Authority of selection boards to recommend officers of particular merit be placed at the top of the promotion list.

(a) Recommendation by selection board.—Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection (g):

“(g)(1) A selection board may recommend an officer of particular merit from among officers recommended for promotion under subsection (a) to be placed at the top of a promotion list established by the Secretary of the military department concerned under section 624(a)(1) of this title.

“(2) A selection board may make a recommendation under this subsection only if such recommendation is appropriate in the opinion of a majority of the members of the selection board.

“(3) A selection board may make recommendations under this subsection for no more than the number equal to 20 percent of the maximum number of officers that the board is authorized to recommend for promotion. If the number determined under this paragraph is less than one, the board may recommend one such officer.

“(4) A selection board that recommends under this subsection that more than one officer be placed at the top of a promotion list shall recommend the order in which such officers should be promoted.”.

(b) Action by Secretary concerned on recommendation of selection board.—Section 618(a) of such title is amended—

(1) by striking “to law or regulation or to guidelines” and inserting “to law, regulation, or guidelines” each place it appears;

(2) by inserting “or, in the case of a recommendation under section 616(g) of this title, the determination of the Secretary concerned” after “section 615(b) of this title” each place it appears; and

(3) in paragraph (2), by striking “law, regulation, and such guidelines” and inserting “law, regulation, such guidelines, and the determination of the Secretary concerned,”.

(c) Priority in promotion list.—Section 624(a)(1) of such title is amended by inserting “, subject to section 616(g) of this title” after “active-duty list”.

SEC. 504. Deferred deployment for members who give birth.

Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(l) A member of the armed forces who gives birth may not be deployed during the period of 12 months beginning on the date of such birth except—

“(1) at the election of such member; and

“(2) with the approval of a health care provider employed at a military medical treatment facility.”.

SEC. 505. Codification of lowered grade for retired officers or persons who committed misconduct in a lower grade.

(a) In general.—Subsection (b) of section 1370 of title 10, United States Code, is amended—

(1) in the heading, by striking “next”;

(2) by striking “An” and inserting “(1) An”; and

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

“(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.”.

(b) Conforming amendments.—Such section is amended—

(1) in subsection (a)(1)—

(A) by striking “higher” and inserting “different”; and

(B) by striking “except as provided in paragraph (2)” and inserting “subject to paragraph (2) and subsection (b)”;

(2) in subsection (c)(1), by striking “An officer” and inserting “Subject to subsection (b), an officer”; and

(3) in subsection (d)(1)—

(A) by striking “higher” each place it appears and inserting “different”; and

(B) by inserting “, subject to subsection (b),” before “shall”.

SEC. 506. Retention of military technicians who lose dual status under certain circumstances.

Section 10216(g) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained” and inserting “for any reason other than a disqualification described in subparagraph (B), the Secretary shall appoint that person to a position under section 3101 of title 5, in accordance with section 2102(a) of that title,”;

(2) in paragraph (1)(A), by striking “the combat-related”; and

(3) by striking paragraph (3).

SEC. 507. Demonstration program on accession of candidates with auditory impairments as Air Force officers.

(a) Demonstration program required.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) to access as officers of the Air Force.

(b) Candidates.—

(1) NUMBER OF CANDIDATES.—The total number of individuals with auditory impairments who may participate in the demonstration program shall be not fewer than 15 individuals or more than 20 individuals.

(2) MIX AND RANGE OF AUDITORY IMPAIRMENTS.—The individuals who participate in the demonstration program shall include individuals who are deaf and individuals who have a range of other auditory impairments.

(3) QUALIFICATION FOR ACCESSION.—Any individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in the Air Force, other than those related to having an auditory impairment.

(c) Selection of participants.—

(1) IN GENERAL.—The Secretary of the Air Force shall—

(A) publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training;

(B) create a process whereby interested individuals can apply for the demonstration program; and

(C) select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b).

(2) NO PRIOR SERVICE AS AIR FORCE OFFICERS.—Participants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force.

(d) Basic officer training.—

(1) IN GENERAL.—The participants in the demonstration program shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama.

(2) NUMBER OF PARTICIPANTS.—Once individuals begin participating in the demonstration program, each Basic Officer Training course or Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training.

(3) AUXILIARY AIDS AND SERVICES.—The Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12103)) in order to fully participate in the demonstration program.

(e) Coordination.—

(1) SPECIAL ADVISOR.—The Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training.

(2) QUALIFICATIONS.—The special advisor shall be a member of the Armed Forces on active duty—

(A) who—

(i) if a commissioned officer, shall be in grade O–3 or higher; or

(ii) if an enlisted member, shall be in grade E–5 or higher; and

(B) who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness).

(3) RESPONSIBILITIES.—The special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants.

(f) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following:

(1) A description of the demonstration program and the participants in the demonstration program.

(2) The outcome of the demonstration program, including—

(A) the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course;

(B) the number of participants in the demonstration program that were recommended for continued military service;

(C) the issues that were encountered during the program; and

(D) such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces.

(3) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the demonstration program.

(g) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—

(1) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

SEC. 508. Report on rate of maternal mortality among members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

SEC. 509. 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 ends 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.”.

subtitle BReserve Component Management

SEC. 511. Placement of National Guard military technicians (dual status) in the competitive service.

Section 10508 of title 10, United States Code, is amended—

(1) in subsection (b)(1), by striking “sections 2103” and inserting “sections 2102”; and

(2) by adding at the end the following:

“(c) Treatment of military technician (dual status).—

“(1) PRIOR CONVERSIONS.—Not later than 30 days after the date of enactment of this subsection, the Chief of the National Guard Bureau shall convert any military technician (dual status) occupying a position in the excepted service to a position in the competitive service. For purposes of this paragraph, the term ‘military technician (dual status)’ means any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands who, before the date of enactment of this subsection, was converted to a position in the excepted service by operation of this section and section 1053 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 981; 10 U.S.C. 10216 note).

“(2) FUTURE CONVERSIONS.—Any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands converted under this section and such section 1053 after the date of enactment of this subsection to a position filled by individuals who are employed under section 3101 of title 5 shall be converted to a position in the competitive service.

“(3) DEFINITIONS.—In this subsection—

“(A) the term ‘competitive service’ has the meaning given that term in section 2102 of title 5; and

“(B) the term ‘excepted service’ has the meaning given that term in section 2103 of such title.”.

SEC. 512. 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. 513. National Guard Promotion Accountability.

(a) Short title.—This section may be cited as the “National Guard Promotion Accountability Act”.

(b) Date of rank of commissioned National Guard officers promoted to a higher grade.—

(1) IN GENERAL.—Section 14308(f) of title 10, United States Code, is amended—

(A) by inserting “(1)” before “The effective date”;

(B) in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking “on which such Federal recognition in that grade is so extended” and inserting “of the approval of the promotion of the officer to that grade by the State concerned”; and

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

“(2)(A) Notwithstanding subsection (c)(1), the date of rank in a higher grade of an officer whose effective date of promotion to such grade is governed by paragraph (1) shall be such effective date of promotion.

“(B) The specification of the date of rank of an officer in a grade pursuant to subparagraph (A) shall be deemed an adjustment of the date of rank of the officer to that grade in the manner of section 741(d)(4) of this title, pursuant to subsection (c)(2), to which section 741(d)(4)(C) of this title shall apply, notwithstanding subsection (c)(3).”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to National Guard officers whose promotion to a grade is approved by a State after that date.

(c) Notice to Congress on delay in publication of scrolls indicating promotion of commissioned National Guard officers.—

(1) NOTICE REQUIRED.—If at the end of the 200-day period beginning on the receipt by the Department of the Army or the Department of the Air Force of a scroll indicating the promotion of commissioned officers in the Army National Guard or Air National Guard, as applicable, the scroll has not been published by the military department concerned, the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall immediately notify the congressional defense committees, in writing, of the following:

(A) The date on which the scroll was so received.

(B) A description of the processing of the scroll by the military department concerned as of the date of the report, including a statement of the length of time in processing at each stage in the process through that date.

(C) The reason why the scroll was not published within 200 days of receipt, and the intended remediation for the delay in publication.

(2) DEFINITIONS.—In this subsection:

(A) The term “congressional defense committees” has the meaning given such term in section 101(a)(16) of title 10, United States Code.

(B) The term “scroll” has the meaning given that term in Department of Defense Instruction 1310.02, and any successor instruction or document.

SEC. 514. 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”.

SEC. 515. National Guard Youth Challenge Program.

Section 509(k) of title 32, United States Code, is amended—

(1) in the heading, by striking “Report” and inserting “Reports”;

(2) by striking “Within” and inserting “(1) Not later than”; and

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

“(2) Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall evaluate the pilot Jobs ChalleNGe Programs and submit a report of findings and recommendations to Congress.”.

SEC. 516. National Guard Youth Challenge Program.

Section 509(h) of title 32, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (4); and

(2) by inserting after paragraph (1) the following new paragraphs:

“(2) Equipment and facilities of the United States may be transferred to the National Guard for purposes of carrying out the Program.

“(3) Equipment and facilities of a State, county, or local government entity may be transferred to the National Guard for purposes of carrying out the Program.”.

SEC. 517. Use of National Guard in case of a major disaster or request from a State governor.

The President shall order members of the National Guard in a State to full-time National Guard duty or active Guard and Reserve duty under section 502(f) of title 32, United States Code, if—

(1) the Governor of the State requests such an order; and

(2) the President declares that a major disaster exists—

(A) in that State and one or more other States is participating in the response to the disaster; or

(B) in two States described in subparagraph (A) because of the same event.

SECTION 518. Funding of National Guard in case of a major disaster or emergency declared under the Stafford Act.

Section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)) is amended—

(1) by redesignating paragraph (6) as paragraph (7); and

(2) by inserting after paragraph (5) the following new paragraph (6):

“(6) NATIONAL GUARD.—The President may make contributions to a State or local government for the purpose of reimbursing the Department of Defense for expenditures that arise from use of members of the National Guard and Reserve under section 502(f) of title 32, United States Code, to respond to a major disaster declared by the President under section 401 of this Act.”.

SEC. 519. Pilot program for EOD-qualified members of the Army National Guard to support civil authorities.

(a) Pilot program authorized.—The Secretary of the Army may carry out a pilot program under which EOD-qualified members of the Army National Guard may conduct planning and immediate response defense support to civil authorities.

(b) Objectives.—The Secretary of the Army shall design a pilot program conducted under this section to determine the following:

(1) The feasibility and effectiveness of establishing program described in subsection (a).

(2) The merits of using EOD-qualified members of the Army National Guard on full-time National Guard duty versus such members on active duty for such a pilot program.

(3) The need for legislative authority to conduct such a pilot program.

(4) The costs to make such a pilot program permanent.

(c) Consultation.—In developing a pilot program under this section, the Secretary of the Army shall consult with the Commanders of the United States Northern Command and United States Pacific Command regarding—

(1) defeating sustained bombings in the United States, including the territories and possessions;

(2) plans for EOD defense support of designated national special security events;

(3) plans for EOD defense support of the national response framework activities of the Departments of Justice and Homeland Security;

(4) EOD immediate response for recovery of Department of Defense munitions off-installation; and

(5) EOD immediate response in support of civilian law enforcement agencies.

(d) Authority for pay and allowances.—The Secretary of Defense may, subject to appropriations, make funds available to fund pay, allowances, travel, training, operations, and maintenance costs for members of the Army National Guard who participate in the pilot program.

(e) Commencement; duration.—The Secretary of the Army may commence a pilot program under this section on or after January 1, 2019. All activities under such a pilot program shall terminate no later than December 31, 2023.

(f) Report.—If the Secretary of the Army carries out a pilot program under this section, the Secretary shall submit to the congressional defense committees a report containing an evaluation of the pilot program, including determinations described in subsection (b), not later than January 1, 2021.

(g) EOD defined.—In this section, the term “EOD” means explosive ordnance disposal.

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 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 daily duties 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 is entitled under laws administered by—

“(1) the Secretary of Defense; and

“(2) the Secretary of Veterans Affairs.

“(b) Annual statement for reserves.—Not less than once each year, the Secretary concerned shall provide each member of a reserve component with a current assessment of benefits described in subsection (a).”.

(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. Correction of military records website.

(a) In general.—Section 1552(a)(5) of title 10, United States Code, is amended by striking the second sentence and inserting the following: “The Secretary shall also publish on such website a summary of each such decision, indexed by subject matter. The Secretary shall redact all personally identifiable information from any such decision and summary.”

(b) Effective date.—The amendments made by this section shall take effect on October 1, 2019.

SEC. 525. Modification of DD Form 214 to include email addresses.

(a) In general.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) by adding an entry block in which a member of the Armed Forces may provide one or more email addresses at which the member may be contacted after separation from active duty in the Armed Forces.

(b) Deadline.—The Secretary shall carry out subsection (a) not later than 1 year after the date of the enactment of this Act.

SEC. 526. Public availability of reports related to senior leader misconduct.

(a) Establishment of website.—The Secretary of Defense and each Secretary of a military department shall make available on a public website of the Department of Defense all reports on substantiated investigations of misconduct completed by the Inspectors General of the Department and each military department regarding—

(1) an officer in the grade of O–7 or higher;

(2) an officer selected for promotion to grade O–7; or

(3) a civilian member of the Senior Executive Service.

(b) Published reports.—Each report under subsection (a) shall be—

(1) properly redacted;

(2) segregated from documents regarding ongoing investigations (including announcements);

(3) labelled with the name of subject of the investigation; and

(4) searchable by the name of subject of the investigation.

(c) Deadline.—The Secretary shall carry out this section not later than 90 days after the enactment of this Act.

SEC. 527. Appointment and training of personnel to staff the board of corrections for military and naval records.

(a) In general.—The Secretary of Defense, in consultation with the Service Secretaries and Joint Chiefs, shall provide for the appointment and training of qualified personnel to join the staff of the Boards of Corrections for Military and Naval Records.

(b) Authorization of appropriations.—There is authorized to be appropriated for the Department of Defense a total of $3,000,000.00, in order to carry out the training required by subsection (a) and to provide related equipment and accommodations.

SEC. 528. Entrepreneurial sabbatical for scientists employed at defense laboratories.

The Secretary of Defense may prescribe regulations that permit scientists employed at defense laboratories to take unpaid sabbaticals from such employment to work in the private sector. Such regulations may address issues including conflict of interest and the risk and impact to mission if critical positions are unfilled due to a sabbatical.

SEC. 529. Completion of Department of Defense Directive 2310.07E regarding missing persons.

(a) In general.—The Secretary of Defense shall make the completion of Department of Defense Directive 2310.07E a top priority in order to improve the efficiency of locating missing persons.

(b) Definition.—In this section, the term “missing person” has the meaning given such term in section 1513 of title 10, United States Code.

SEC. 530. 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 the section 716 the following new item:

“715. Attending Physician to Congress: grade”.

subtitle DMilitary Justice

SEC. 531. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

Section 856(b)(1) of title 10, United States Code (article 56(b)(1) of the Uniform Code of Military Justice), is amended by striking “such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60)” and inserting “except as provided for in section 860 of this title (article 60), such punishment must include, at a minimum—”

“(A) dismissal or dishonorable discharge; and

“(B) confinement for two years.”.

SEC. 532. Punitive article in the Uniform Code of Military Justice on domestic violence.

(a) In general.—Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 928 (article 128) the following new section (article):

§ 928a. Art 128a. Domestic violence

“(a) Domestic violence.—Any person subject to this chapter who, unlawfully and with force or violence, attempts, offers to, or does intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another person of whom the person is an intimate partner is guilty of domestic violence and shall be punished as a court-martial may direct.

“(b) Aggravated domestic violence.—Any person subject to this chapter who, in committing domestic violence, uses a weapon, means, or force in a manner likely to produce death or grievous bodily harm is guilty of aggravated domestic violence and shall be punished as a court-martial may direct.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by inserting after the item relating to section 928 (article 128) the following new item:

SEC. 533. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Section 546(c)(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1561 note) is amended by adding at the end the following new sentence: “After a majority vote by the Advisory Committee and upon request of the Chair of the Advisory Committee, the Secretary of Defense shall provide to the Advisory Committee information the Secretary determines is relevant to the scope and mission of the Advisory Committee under this section.”.

SEC. 534. Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military duties.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for any offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), unless such offense is strictly and solely related to the performance of military duties.

(b) Specification of offenses for which admissibility allowed.—

(1) IN GENERAL.—Each Secretary concerned shall specify, and may from time to time modify, the offenses under chapter 47 of title 10, United States Code, for which the military character of members of the Armed Forces under the jurisdiction of such Secretary is admissible pursuant to subsection (a) as a result of such offense being strictly and solely related to the performance of military duties.

(2) APPROVAL OF PRESIDENT REQUIRED.—The specification of an offense pursuant to paragraph (1), and any modification of such specification, shall not be effective unless approved by the President.

(3) SECRETARY CONCERNED DEFINED.—In this subsection, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 535. Improved crime reporting.

(a) In general.—The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the entire 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) Report required.—Not later than July 1, 2019, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process.

SEC. 536. Oversight of registered sex offender management program.

(a) Designation of official or entity.—The Secretary of Defense shall designate a single official or 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.

subtitle EOther Legal Matters

SEC. 541. 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 of certain individuals.—(1) The Secretary of Defense shall conduct an investigation 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 the individual has committed an offense described in subparagraph (A).

“(2) An individual described in this paragraph 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 conduct an investigation under this subsection of an individual described in paragraph (2) regardless of whether that individual has retired or resigned, is discharged or released, or otherwise separated from the armed forces or Department of Defense.

“(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 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. 542. Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense.

(a) Military Academy.—Section 4361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense.—(1) The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

“(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Army, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Army shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(b) Naval Academy.—Section 6980 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense.—(1) The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.

“(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the midshipman may request review of the denial by the Secretary of the Navy, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Navy shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(c) Air Force Academy.—Section 9361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense.—(1) The Secretary of the Air Force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

“(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Air Force, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Air Force shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

SEC. 543. Standardization of policies related to expedited transfer in cases of sexual assault.

(a) Policies for members.—The Secretary of Defense shall modify all policies related to the expedited transfer of a member of the Army, Navy, Air Force, or Marine Corps who is the victim of sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program) that the Secretary determines necessary to establish a standardized expedited transfer process for such members, consistent with section 673 of title 10, United States Code.

(b) Policies 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.

SEC. 544. 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 results-oriented 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. 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) A clear explanation of prohibited conduct, including examples.

(B) A clear explanation of consent.

(C) Victims’ rights.

(D) Clearly described complaint process, including multiple ways to file a complaint.

(E) Explanations of restricted and unrestricted reporting.

(F) List of mandatory reporters.

(G) Protections from retaliation.

(H) Assurance that leadership will take immediate and proportionate corrective action.

(I) References to specific policies.

(J) Additional 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.

(4) ESCALATION.—

(A) A victim may report an incident to any authority.

(B) A victim may consult any authority named in this paragraph.

(C) The Superintendent determines the outcome of an investigation and has the authority to convene a court-martial after an initial hearing.

(D) The Secretary of the military department concerned reviews determinations in cases not referred for trial by court-martial.

(E) The Inspector General reviews cases of reprisal or professional retaliation.

(F) A Member of Congress (as that term is defined in section 1563 of title 10, United States Code).

(c) Distribution.—Each Superintendent shall provide a copy of 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 reports that such student is a victim of sexual assault.

SEC. 546. Report on victims in MCIO reports.

Not later than September 30, 2019, and not less than once every two years thereafter, the Secretary of Defense, through the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces, shall submit to Congress a report regarding the frequency at which individuals, who are identified as victims of sexual offenses in case files of military criminal investigative organizations (hereinafter, “MCIO”), are accused of or punished for misconduct or crimes considered collateral to the investigation of sexual assault during the MCIO investigations in which the individuals were so identified.

SEC. 547. Definition of military sexual trauma.

(a) In general.—The Secretaries of Defense and Veterans Affairs shall establish a joint definition of “military sexual trauma” for their respective Departments to use in all aspects of delivering care and benefits to members of the Armed Forces and veterans who have suffered that crime.

(b) Report.—The Secretaries shall submit to Congress a report on their efforts under subsection (a), including legislative recommendations, not later than 180 days after the date of the enactment of this Act.

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.—(1) The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—

“(A) that member—

“(i) at the meeting with a counselor under subsection (c)(2); and

“(ii) on the day the member separates, retires, or is discharged.

“(B) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.

“(2) The Secretary of Veterans Affairs shall ensure that a member who has separated, retired, or is discharged may access the joint service transcript of that member from a website of the Department of Veterans Affairs not later than one year after 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. 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. 554. 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. 555. Extension of pilot program to assist members in obtaining post-service employment.

Section 555(i) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1143 note) is amended by striking “2018” and inserting “2023”.

SEC. 556. Direct employment pilot program for members of the reserve components and veterans.

(a) Authority.—The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans.

(b) Cost-sharing.—Any agreement under subsection (a) shall require that the State must contribute an amount, derived from non-Federal sources, that equals or exceeds 50 percent of the funds provided by the Secretary to the State under this section to support the operation of the pilot program in that State.

(c) Administration.—The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program.

(d) Program model.—A pilot program under this section—

(1) shall use a job placement program model that focuses on working one-on-one with individuals described in subsection (a) to provide cost-effective job placement services, including—

(A) job matching services;

(B) resume editing;

(C) interview preparation; and

(D) post-employment follow up; and

(2) shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina.

(e) SkillBridge training opportunities.—A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.

(f) Evaluation.—The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this provision.

(g) Reporting.—

(1) REPORT REQUIRED.—Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section.

(2) ELEMENTS.—A report under paragraph (1) shall include the following elements:

(A) A description and assessment of the effectiveness and achievements of the pilot program, including—

(i) the number of members of the reserve components of the Armed Forces and veterans hired; and

(ii) the cost-per-placement of participating members and veterans.

(B) An assessment of the impact of the pilot program and increased reserve component employment levels on—

(i) the readiness of members of the reserve components of the Armed Forces; and

(ii) retention of service members.

(C) A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs.

(D) The number and percentage of individuals served by the pilot program who are employed in a field that matches their skills and training.

(E) Any other matter the Secretary determines to be appropriate.

(h) Duration of authority.—

(1) IN GENERAL.—Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023.

(2) EXTENSION.—The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than 2 years.

SEC. 557. Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separation or retirement.

The Secretary of Defense shall ensure that retired and honorably discharged members of the Armed Forces, including members medically discharged, separated, or on the temporary disability retirement list, and their immediate family remain eligible for services under the Military OneSource Program for at least one year after the end of the member’s tour of service, the member’s retirement date, or the member’s separation date, as the case may be.

SEC. 558. Comptroller General briefing and report on permanent employment assistance centers.

(a) Requirement.— Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing to the Armed Services Committees of the Senate and House of Representatives, with a report to follow on a date agreed to at the time of the briefing. The briefing and report shall provide information on employment assistance required under section 1143 of title 10, United States Code, and related information regarding civilian employment requiring certification or licensure.

(b) Contents.—The information required under subsection (a) shall include the following:

(1) A description of the content of the database required by section 1143(a)(2)(A) of such title.

(2) A list and description of permanent employment assistance centers required by section 1143(b) of such title.

(3) A list and description of employment skills training programs and eligible members of the Armed Forces.

(4) A list and description of State and non-State entities that have interacted with civilian employers.

(5) A description of the use by members of the Armed Forces of the permanent employment assistance centers.

(6) An assessment of the permanent employment assistance centers and challenges, if any, the centers have experienced as of the date of the briefing or report.

SEC. 559. Activities to increase awareness of apprenticeship programs.

The Secretary of Defense shall ensure that, as part of the transition counseling provided by the Department of Defense to members of the Armed Forces who are in the process of separating from the Armed Forces (including the reserve components), information is provided to such members on—

(1) the potential benefits of apprenticeship programs;

(2) the appropriate use of veterans’ education benefits to pay for apprenticeship programs, and

(3) the availability of veteran-focused, nonprofit apprenticeship programs.

SEC. 560. Atomic veterans service medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, 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 medal.—

(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 Medal 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 Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 560A. Report on availability of college credit for skills acquired during military service.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:

(1) Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.

(2) The academic level of the equivalent college credit or technical certification for which each such skill is eligible.

(3) Each academic institution that awards an equivalent college credit or technical certification for such skills, including—

(A) whether each such academic institution is public or private and whether such institution is for profit; and

(B) the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.

(4) The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.

SEC. 560B. Information regarding county veterans service officers.

(a) Provision of information.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall ensure that a member of the Armed Forces who is separating or retiring from the Armed Forces may elect to have the Department of Defense form DD–214 of the member transmitted to the appropriate county veterans service officer based on the mailing address provided by the member.

(b) Database.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall maintain a database of all county veterans service officers.

(c) County veterans service officer defined.—In this section, the term “county veterans service officer” means an employee of a county government, local government, or Tribal government who is covered by section 14.629(a)(2) of title 38, Code of Federal Regulations.

SEC. 560C. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

(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 (JROTC) unit, the Secretary shall offer the agency the option of converting the program 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 shall 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.

(e) Authority for additional units.—

(1) IN GENERAL.—The Secretaries of the military departments may, using amounts authorized to be appropriated by paragraph (2), 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.

(2) FUNDING.—There is hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense amounts as follows:

(A) For Operation and Maintenance, Army, $3,140,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Army.

(B) For Operation and Maintenance, Navy, $950,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Navy.

(C) For Operation and Maintenance, Air Force, $1,000,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Air Force.

(D) For Operation and Maintenance, Marine Corps, $390,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(E) For Military Personnel, $1,220,000, of which—

(i) $500,000 is for the Army for the Junior Reserve Officers' Training Corps program of the Army;

(ii) $270,000 is for the Navy for the Junior Reserve Officers' Training Corps program of the Navy;

(iii) $380,000 is for the Air Force for the Junior Reserve Officers' Training Corps program of the Air Force; and

(iv) $70,000 is for the Marine Corps for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(3) SUPPLEMENT NOT SUPPLANT.—The amounts authorized to be appropriated for fiscal year 2019 for the Department of Defense by this subsection are in addition to any other amounts authorized to be appropriated for fiscal year 2019 for the Department under any other provision of law.

(4) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division G—

(A) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, aircraft support equipment (line 090), is hereby decreased by $3,200,000; and

(B) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, civil engineering support equipment, items under $5 million (line 115), is hereby decreased by $3,500,000.

SEC. 560D. Transition outreach pilot program.

(a) Establishment.—Not later than 90 days after the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of Veterans Affairs, Labor, Education, and Homeland Security, and the Administrator of the Small Business Administration, shall establish a pilot program through the Transition to Veterans Program Office that fosters contact between veterans and the Department of Defense.

(b) Contact.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall direct the Military Transition Assistance Teams of the Department of Defense to contact each veteran from the Armed Forces at least twice during each of the first three months after the veteran separates from the Armed Forces to—

(1) inquire about the transition of the separated member to civilian life, including—

(A) employment;

(B) veterans benefits;

(C) education;

(D) family life; and

(2) hear concerns of the veteran regarding transition.

(c) Termination.—The Secretary shall complete operation of the pilot program under this section not later than September 30, 2019.

(d) Report.—Not later than 90 days after termination of the pilot program under this section, the Secretary of Defense shall submit a report to Congress regarding such pilot program, including the following, disaggregated by armed force:

(1) The number of veterans contacted, including how many times such veterans were contacted.

(2) Information regarding the age, sex, and geographic region of contacted veterans.

(3) Concerns most frequently raised by the veterans.

(4) What benefits the contacted veterans have received, and an estimate of the cost to the Federal Government for such benefits.

(5) How many contacted veterans are employed or have sought employment, including what fields of employment.

(6) How many contacted veterans are enrolled or have sought to enroll in a course of education, including what fields of study.

(7) Recommendations for legislation to improve the long-term effectiveness of TAP and the well-being of veterans.

(e) Definitions.—In this section:

(1) The term “armed force” has the meaning given that term in section 101 of title 10, United States Code.

(2) The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

(3) The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.

subtitle GDefense Dependents’ Education and Military Family Readiness Matters

SEC. 561. 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”;

(4) in subsection (d)(1), by striking “thereafter” and inserting “of the next two years”; and

(5) 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. 562. Additional matters for assessment and report on childcare services of the Department of Defense.

Section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in subsection (a), by adding at the end the following new paragraphs:

“(5) Expanding the childcare hours at military installations that host initial training units in order to accommodate drill instructors, trainers, and support staff.

“(6) Modifying the rate of use of subsidized, off-installation childcare services by military families, including whether such rate could be increased by altering policies that cap the amount of subsidies for military families for such services based on the cost of living for families and the average cost of civilian childcare services.

“(7) Permitting the issuance of employee clearances on a provisional or interim basis for those working at military childcare centers.”; and

(2) in subsection (b)—

(A) by striking “September 1, 2018” and inserting “March 1, 2019”;

(B) by striking “the results of the assessment conducted under subsection (a).” and inserting an em dash; and

(C) by adding at the end the following new paragraphs:

“(1) the results of the assessment conducted under subsection (a); and

“(2) assessments of—

“(A) the underlying factors contributing to the childcare backlogs at many installations;

“(B) the effect of such backlogs on member recruitment and retention; and

“(C) the effect of such backlogs on military spouse unemployment and underemployment.”.

SEC. 563. Continued assistance to schools with significant numbers of military dependent students.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2019 in division G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 of this Act, $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).

(b) Impact aid for children with severe disabilities.—Of the amount authorized to be appropriated for fiscal year 2019 in division G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 of this Act, $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).

(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. 564. 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, at a minimum, all reportable allegations of juvenile-on-juvenile sexual misconduct, regardless of the final disposition of the case.

(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. 565. Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses.

(a) In general.—The Secretary of Defense shall submit to Congress a report setting forth an assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses, including the contribution of frequent permanent changes of station to unemployment or underemployment among military spouses.

(2) An assessment of the effects of unemployment and underemployment among military spouses on force readiness.

(3) Such recommendations as the Secretary considers appropriate regarding legislative or administration action to achieve force readiness and stabilization through the minimization of the impacts of frequent permanent changes on stability of employment among military spouses.

SEC. 566. Flexible maternity and parental leave.

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish and implement policies and procedures that permit a military parent to take, if requested by the military parent, flexible and non-continuous—

(1) maternity leave; and

(2) parental leave.

SEC. 567. Report on wage determination for certain programs.

(a) Wage determination.—The Secretary of Defense, acting through the National Guard Bureau, shall coordinate with the Secretary of Labor to obtain a wage determination under section 6703(1) of title 41, United States Code, for all contract workers under the following programs:

(1) Family Assistance Centers.

(2) Family Readiness and Support.

(3) Yellow Ribbon Reintegration Program.

(4) Recruit Sustainment Program.

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding the wage determinations described in subsection (a). The report shall include a cost estimate of transferring all of the programs named in subsection (a) to direct Federal management.

SEC. 568. Education for dependents of certain retired members of the Armed Forces.

Section 2164(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by adding at the end “If the Secretary determines that appropriate educational programs are not available through a local educational agency for dependents of retirees residing on a military installation in the United States, the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such retirees.”; and

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

“(4) For purposes of this subsection, the term ‘retiree’ means a member or former member of the armed forces who is entitled to retired or retainer pay under this title, or who, but for age, would be eligible for retired or retainer pay under chapter 1223 of this title.”.

SEC. 569. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

(a) In general.—During the 2-year period beginning on the date of the enactment of this Act, section 3330d of title 5, United States Code, shall be applied—

(1) without regard to—

(A) paragraphs (3), (4), and (5) of subsection (a); and

(B) subsection (c);

(2) in subsection (b)(1), by substituting “a spouse of a member of the Armed Forces on active duty” for “a relocating spouse of a member of the Armed Forces”; and

(3) in subsection (d)(1), by substituting “subsection (a)(3)” for “subsection (a)(6)”.

(b) 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 modified 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.

(c) Sunset.—Effective on the date that is 2 years after the date of the enactment of this Act, the authority under this section, including the authority provided by the modifications to section 3330d of title 5, United States Code, shall expire.

SEC. 570. 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 reduce the 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 congressional defense committees a report that includes the results of the assessment conducted under subsection (a).

subtitle HDecorations and Awards

SEC. 571. Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces.

(a) Army.—

(1) LIMITATIONS.—Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section:

§ 3757. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Army may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.—(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Army shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the distinguished-service cross, distinguished-service medal, silver star, distinguished flying cross, or Soldier's Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“3757. Military decorations: limitations on revocation.”.

(b) Navy and Marine Corps.—

(1) LIMITATIONS.—Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:

§ 6259. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Navy may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.—(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Navy shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the Navy cross, distinguished-service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“6259. Military decorations: limitations on revocation.”.

(c) Air Force.—

(1) LIMITATIONS.—Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:

§ 8757. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Air Force may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.—(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Air Force shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the Air Force cross, distinguished-service medal, silver star, distinguished flying cross, or Airman’s Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“8757. Military decorations: limitations on revocation.”.

SEC. 572. Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995.

Notwithstanding any time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of Defense may award the Armed Forces Expeditionary Medal to a member or former member of the 24th Marine Expeditionary Unit, Special Operations Capable, for the mission to rescue Captain Scott O’Grady, United States Air Force, from Bosnia on June 8, 1995.

SEC. 573. Award of medals or other commendations to handlers of military working dogs and military working dogs.

(a) Short title.—This section may be cited as the “Guardians of America’s Freedom Medal Act”.

(b) Award of medals or other commendations to handlers of military working dogs and military working dogs.—

(1) 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, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(2) MEDAL AND COMMENDATIONS.—Any medal or commendation awarded pursuant to a program under paragraph (1) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(3) REGULATIONS.—Medals and commendations shall be awarded under programs under paragraph (1) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

SEC. 574. 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.

SEC. 575. Report on awards for cost-saving ideas.

Not later than 1 year after the date of enactment of this Act, Secretary of Defense shall submit to Congress a report detailing—

(1) the total number of awards and commendations presented to any military personnel for a cost-saving idea during the prior fiscal year;

(2) a total estimate of the total savings as a result of the implementation of cost-saving ideas for which an award or commendation was presented; and

(3) a description of how the Secretary plans to expand incentive programs for the purpose described in this section and streamline such programs.

SEC. 576. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

subtitle IMiscellaneous Reports and Other Matters

SEC. 581. 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 submit to the congressional defense committees a notice of the waiver and the reasons for the determination that led to the waiver.

(3) PUBLIC AVAILABILITY.—If a waiver is issued under this subsection, notice of such waiver shall be included in the report made publicly available under subsection (a) for the applicable quarter, together with information about the timing of 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. 582. 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. 583. Report on general and flag officer costs.

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. Such report 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 Office of the Secretary of Defense-Cost Assessment and Program Evaluation report entitled “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 sytstem 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. 584. Report on outside employment of senior personnel.

(a) Report required.—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit a report to Congress on requests by senior personnel for approval of outside employment during the preceding fiscal year.

(b) Elements.—The report under this section shall contain the following regarding:

(1) The number of such requests.

(2) The number of such requests approved.

(3) The types of positions for which senior personnel made such requests.

(4) The range and average of the time commitment for such positions.

(5) The range and average of the compensation for such positions.

(6) Any ethical lapses or abuses by senior personnel in the course of employment pursuant to approved requests.

(c) Senior personnel defined.—In this section, the term “senior personnel” means any of the following:

(1) An officer in the regular or reserve component of an armed force above the grade of O–6.

(2) An employee of the Department of Defense in the Senior Executive Service.

SEC. 585. 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 (hereinafter in this section referred to as the “AMRG”).

(D) A workforce analysis of 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 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. 586. Inclusion of blast exposure history in service records.

The Secretary of Defense shall ensure that blast exposure history is included in the service records of members of the Armed Forces in a manner that will assist in determining whether a future illness or injury is service connected.

SEC. 587. Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps.

The Secretaries of the military departments shall encourage the Junior Reserve Officer Training Corps to include cybersecurity educational programs and awareness in the curriculum of the Corps, including lessons on cyber defense, risks of cybersecurity vulnerabilities in the military, and pursuing studies and careers in cybersecurity and related fields within the Department of Defense.

SEC. 588. Publication of guidance and information on housing markets near certain military installations.

(a) In general.—The Secretary of Defense shall develop and make publicly available guidance and information about the housing market around military installations in the continental United States. Such guidance and information shall be designed to assist members of the Armed Forces in better using their basic allowance for housing.

(b) Matters for inclusion.—The information and guidance under subsection (a) shall include—

(1) information on the housing market around the installation, including—

(A) information about deciding whether to rent or buy, including taking into consideration the average deployment cycle for that military installation and permanent change of station timelines;

(B) information about houses and apartments;

(C) considerations of living with a roommate; and

(D) information about working with and through a landlord;

(2) suggested bedroom and bathroom and square footage for each basic allowance for housing category;

(3) recommended zip codes in which to look for properties;

(4) information about the availability of public transportation;

(5) average commute times to military installation and wait times at nearest gate; and

(6) a list of realtors and real estate brokers who work in the area, including any complaints registered against such realtors and brokers.

(c) GAO report.—The Comptroller General of the United States shall submit to Congress a report on a review of the Comptroller General of the rate setting procedure for basic allowance for housing. Such review shall cover how the Department of Defense collects basic allowance for housing data and shall include an analysis of each of the following:

(1) Whether the process in use is the most efficient process.

(2) Whether the information collected is publically available elsewhere.

(3) Whether the data collected reflects what is available through open source methods.

(4) How basic allowance for housing rates and cost of living adjustments are interrelated.

(5) Whether members of the Armed Forces about whom data is collected are receiving loan protections on interest rates pursuant to the Servicemembers Civil Relief Act.

(6) Whether such members of the Armed Forces experience issues when they need to break leases for a deployment or permanent change of station.

SEC. 589. Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—

(1) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and

(2) by inserting after subsection (j) the following new subsection (k):

“(k) Support beyond Program.—The Secretary of Defense shall provide funding to States to carry out programs that provide deployment cycle information, services, and referrals to members of the Armed Forces, including members of the regular components and members of the reserve components, and the families of such members, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:

“(1) Employment counseling.

“(2) Behavioral health counseling.

“(3) Suicide prevention.

“(4) Housing advocacy.

“(5) Financial counseling.

“(6) Referrals for the receipt of other related services.”.

SEC. 590. Exemption from repayment of voluntary separation pay.

Section 1175a(j) of title 10, United States Code, is amended—

(1) in paragraph (1) by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph:

“(4) This subsection shall not apply to a member who—

“(A) is involuntarily recalled to active duty or full-time National Guard duty; and

“(B) in the course of such duty, incurs a service-connected disability rating of total under section 1155 of title 38.”.

SEC. 591. Service of wounded warriors as remotely piloted aircraft pilots or remotely piloted aircraft sensor operators in the Air Force.

(a) Program required.—The Secretary of the Air Force shall establish a program under which a qualified wounded warrior who faces retirement or separation from the Armed Forces for physical disability may continue, in lieu of such retirement or separation, to serve in the Armed Forces as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator in the Air Force.

(b) Eligibility qualifications.—

(1) MODIFICATION OF PHYSICAL REQUIREMENTS.—In the case of wounded warriors only, the Secretary of the Air Force shall modify the physical fitness requirements applicable to a wounded warrior who is seeking to serve, or is serving, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the wounded warrior is incapable of meeting such requirements, such as completing an annual physical training test, due to the service-related disability, but otherwise satisfies the remotely piloted aircraft medical standard.

(2) MEDICAL WAIVERS.—The restriction on medical waivers contained in section 6.4.5.1 of Air Force Instruction 48–123 shall not apply to the program required by this section.

(3) CONTINUED APPLICABILITY OF OTHER REQUIREMENTS.—To serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, a wounded warrior applicant would still have to pass—

(A) the applicable Air Force Officer Qualifying Test or Armed Services Vocational Aptitude Battery; and

(B) the applicable security and mental health requirements.

(4) AUTOMATIC DISQUALIFICATION.—A wounded warrior may not be selected to serve, or continue to serve, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the Secretary of the Air Force determines that—

(A) the wounded warrior presents a hazard to flying safety or mission completion;

(B) performance of the duty would be hazardous to the health of the wounded warrior; or

(C) the wounded warrior is diagnosed with post-traumatic stress disorder, traumatic brain injury, or any other mental disorder that could hinder mission performance.

(c) Priority for certain wounded warriors.—In selecting wounded warriors to serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, the Secretary of the Air Force shall give priority to wounded warriors whose disability was incurred—

(1) in the line of duty in a combat zone designated by the Secretary of Defense; or

(2) during the performance of duty in combat-related operations as designated by the Secretary of Defense.

(d) Transfer authority.—In the case of a wounded warrior who is not a member of the Air Force, the Secretary of the Air Force shall cooperate with the Secretary concerned having jurisdiction over the wounded warrior to transfer the wounded warrior from the other Armed Force to the Air Force to permit the wounded warrior to be selected for the program under this section.

(e) Wounded warrior defined.—In this section, the term “wounded warrior” means a member of the Armed Forces who—

(1) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred in the line of duty; and

(2) is under consideration for retirement or separation under chapter 61 of title 10, United States Code, or has been placed on the temporary disability retired list.

SEC. 592. Transportation of remains of casualties; travel expenses for next of kin.

(a) Transportation for remains of a member who dies not in a theater of combat operations.—Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended—

(1) in the heading, by striking “dying in a theater of combat operations”; and

(2) in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”.

(b) Transportation for family.—The Secretary of Defense shall revise Department of Defense Instruction 1300.18 to extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware.

SEC. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Section 1408 of title 10, United States Code, is amended—

(1) in subsection (e)—

(A) in paragraph (1), by striking “The” and inserting “Subject to subsection (l)(2), the”; and

(B) in paragraph (4)(B), by striking “other provision of law” and inserting “provision of law except subsection (l)(2)”; and

(2) in subsection (l)(2), by striking the second sentence and inserting “The limitations on the amount of disposable retired pay available for payments under paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.”.

SEC. 594. Use of mobile applications for training manuals.

The Secretary of Defense shall encourage the military departments to transition training manuals, emergency guidance, and other publications needed to train members of the Armed Forces to applications on mobile telephones that use innovative technologies and provide for interaction between trainees and information needed to complete training in a manner that is cost efficient.

SEC. 595. Addressing attrition levels of women in the military.

Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall develop and carry out an exit survey to be completed by members of the Armed Forces to assist the Secretary to assess the reasons that attrition levels for women are higher than for men at various career points.

SEC. 596. 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.—Regardless of whether a servicemember has provided to a creditor the written notice and documentation under subparagraph (A), the creditor may use, in lieu of such notice and documentation, information retrieved from the Defense Manpower Database Center through the creditor’s normal business reviews of the Database 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 Database 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, as of such date, received the written notice and documentation required under subparagraph (A) with respect to the servicemember.”.

SEC. 597. Report regarding possible improvements to processing retirements and medical discharges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall issue a report to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and House of Representatives regarding possible improvements to the transition of members of the Armed Forces to veteran status.

(b) Elements.—The report under subsection (a) shall address the following:

(1) Feasibility of requiring members of the Armed Forces to apply for benefits administered by the Secretary of Veterans Affairs before such members complete discharge from the Armed Forces.

(2) Feasibility of requiring members of the Armed Forces to undergo compensation and pension examinations (to be administered by the Secretary of Defense) for purposes of obtaining benefits described in paragraph (1) before such members complete discharge from active duty in the Armed Forces.

(3) Possible improvements to the timeliness of the process for transitioning members who undergo medical discharge to care provided by the Secretary of Veterans Affairs.

SEC. 598. Chaplaincies of the Armed Forces.

(a) Purpose.—The purposes of the chaplaincies of the Armed Forces are—

(1) to accommodate the religious needs of members of the Armed Forces;

(2) to provide religious and pastoral care to members of the Armed Forces; and

(3) to provide advice to commanders of the Armed Forces on the complexities of religion with regard to the respective commander’s personnel and mission, as appropriate.

(b) Requirements.—Each chaplain of the Armed Forces shall be—

(1) a member of a religious organization;

(2) of sufficient education and ecclesiastical qualification; and

(3) qualified to conduct religious observances or ceremonies.

TITLE VICompensation and Other Personnel Benefits

subtitle APay and Allowances

SEC. 601. Prompt review of request for imminent danger pay.

Section 310(d)(1) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall issue a determination regarding special pay under this section not later than 90 days after receiving a request for such determination from the commander of a geographic combatant command.”.

SEC. 602. Application of basic allowance for housing to members of the uniformed services in the Virgin Islands.

(a) In general.—Section 403(b) of title 37, United States Code, is amended—

(1) in the heading, by inserting “and the Virgin Islands” after “the United States”;

(2) in paragraph (1), by inserting “and the Virgin Islands” after “the United States”; and

(3) in paragraphs (2), (3)(A), and (6), by inserting “or the Virgin Islands” after “the United States” each place it appears.

(b) Conforming amendments.—Section 403(c) of title 37, United States Code, is amended—

(1) in the heading, by inserting “or the Virgin Islands” after “the United States”; and

(2) in paragraphs (1), (2), (3)(A)(i), and (3)(B), by inserting “or the Virgin Islands” after “the United States” each place it appears.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to payments under section 403 of title 37, United States Code, beginning on January 1, 2019.

SEC. 603. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation.

Section 1967(a)(3) of title 38, United States Code, is amended—

(1) in subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (D)”; and

(2) by adding at the end the following new subparagraph:

“(D) In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—

“(i) shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and

“(ii) upon the end of such deployment—

“(I) shall be insured in the amount elected by the member under subparagraph (B); or

“(II) shall not be insured, if so elected under paragraph (2)(A)”.

SEC. 604. 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).

SEC. 605. Per diem allowance policies.

(a) Policy and regulations.—

(1) EXISTING POLICY AND REGULATIONS.—The Secretary of each military department may not implement the policy in the memorandum dated October 1, 2014, titled “UTD/CTS for MAP 118-13/CAP 118-13 – Flat Rate Per Diem for Long Term TDY”, regarding per diem allowances, or any regulations prescribed pursuant to such memorandum, on or after the date of the enactment of this Act.

(2) FUTURE POLICY AND REGULATIONS.—(A) The Secretary of each military department concerned may not implement a new policy regarding per diem allowances under section 474 of title 37, United States Code, until after the Secretary of Defense issues the report under subsection (b).

(B) The Secretary of the military department concerned shall notify the appropriate congressional committees not less than 60 days before implementing a new policy regarding per diem allowances under section 474 of title 37, United States Code.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a report to the appropriate congressional committees regarding options to reduce travel costs incurred by the Department of Defense, including the adoption of practices used by private entities.

(c) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

SEC. 606. 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.

SEC. 607. Sense of Congress regarding the widows’ tax.

It is the sense of Congress that—

(1) section 621 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) amended section 1450(m) of title 10, United States Code, to make permanent the special survivor indemnity allowance;

(2) under the special survivor indemnity allowance, surviving spouses and dependent children of members who die of a service-connected cause will not be subject to a full offset of survivor benefit plan payments by dependency and indemnity compensation, commonly referred to as the “widows’ tax”; and

(3) while the special survivor indemnity allowance alleviates the gap in benefits, the whole Congress must work together to find a way to eliminate the widows’ tax entirely.

SEC. 608. Reevaluation of BAH for the military housing area including Staten Island.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, using the most recent data available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States Code, for the military housing area that includes Staten Island, New York.

SEC. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.

(a) Compensation.—Section 206(a) of title 37, United States Code, is amended—

(1) in paragraph (2), by striking “or” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; or”; and

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

“(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”.

(b) Credit for retired pay purposes.—

(1) IN GENERAL.—The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.

(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.—Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.

(3) WHEN CREDITED.—Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.

(4) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:

“(F) Points at the rate of 12 a year for the taking of maternity leave.”.

(5) COMPUTATION OF YEARS OF SERVICE FOR RETIRED PAY.—Section 12733 of such title is amended—

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph (5):

“(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”.

(c) Effective date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.

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”.

subtitle COther Matters

SEC. 621. Expansions of installation benefits to surviving spouses, dependent children, and other next of kin.

(a) Issuance of Gold Star Installation Access Cards.—

(1) ISSUANCE AND CONDITIONS ON USE.—

(A) IN GENERAL.—Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

§ 1126a. Gold Star Installation Access Card: issuance and protections

“(a) Issuance to Gold Star surviving spouse and dependent children of deceased member required.—The Secretary concerned shall provide for the issuance of a standardized Gold Star Installation Access Card to the widow and dependent children of a deceased member of the armed forces described in section 1126(a) of this title to facilitate their ability to gain unescorted access to military installations for the purpose of attending memorial events, visiting gravesites, and obtaining the on-installation services and benefits to which they are entitled or eligible.

“(b) Issuance to other next of kin authorized.—At the discretion of the Secretary concerned, the Secretary concerned may provide the Gold Star Installation Access Card to the parents and other next of kin of a deceased member of the armed forces described in section 1126(a) of this title.

“(c) Service-Wide acceptance of access card.—The Secretaries concerned shall work together to ensure that a Gold Star Installation Access Card issued by one armed force is accepted for access to military installations under the jurisdiction of another armed force.

“(d) Protection of installation security.—In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary—

“(1) to prevent fraud in the procurement or use of the Gold Star Installation Access Card;

“(2) to limit installation access to those areas of the installation that provide the services and benefits for which the recipient of the Gold Star Installation Access Card is entitled or eligible; and

“(3) to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

“(e) Termination.—The Gold Star Installation Access Card for the widow and dependent children of a deceased member of the armed forces shall remain valid for the life of the widow or child, regardless of subsequent marital status of the widow, subject to periodic renewal as determined by the Secretary concerned to ensure military installation security.”.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by inserting after the item relating to section 1126 the following new item:

“1126a. Gold Star Installation Access Card: issuance and protections.”.

(2) APPLICABILITY OF CURRENT DEFINITIONS.—Section 1126(d) of title 10, United States Code is amended by striking the matter preceding paragraph (1) and inserting the following: “In this section and section 1126a of this title:”.

(b) Extension of commissary and exchange benefits for remarried spouses with dependent children.—

(1) BENEFITS.—Section 1062 of title 10, United States Code, is amended—

(A) by striking “The Secretary of Defense” and inserting the following:

“(a) Certain unremarried former spouses.—The Secretary of Defense”; and

(B) by adding at the end the following new subsection:

“(b) Certain remarried surviving spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, who has guardianship of dependent children of the deceased member is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the unremarried surviving spouse of a member of the uniformed services.”.

(2) CONFORMING AMENDMENTS.—Section 1062 of title 10, United States Code, is further amended—

(A) by striking “commissary and exchange privileges” and inserting “use commissary stores and MWR retail facilities”; and

(B) by adding at the end the following new subsection:

“(c) MWR retail facilities.—The term ‘MWR retail facilities’ has the meaning given that term in section 1063(e) of this title.”.

(3) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of section 1062 of title 10, United States Code, is amended to read as follows:

§ 1062. Certain former spouses and surviving spouses”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item:

“1062. Certain former spouses and surviving spouses.”.

SEC. 622. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

(a) Availability of transportation.—Section 2641b of title 10, United States Code, is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

“(f) Special priority for certain disabled veterans.—(1) The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.

“(2) The transportation priority required by paragraph (1) for veterans described in such paragraph applies whether or not the Secretary establishes the travel program authorized by this section.

“(3) In this subsection, the terms ‘veteran’ and ‘service-connected’ have the meanings given those terms in section 101 of title 38.”.

(b) Effective date.—Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

SEC. 623. 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. 624. Advisory boards regarding military commissaries and exchanges.

The Secretary of Defense shall direct each commanding officer of a military base on which there is a military commissary or exchange to establish an advisory board, comprised of representatives of military or veterans service organizations, to advise the commanding officer regarding the interests of patrons and beneficiaries of military commissaries and exchanges.

SEC. 625. Study and report on development of a single defense resale system.

(a) Study.—The Secretary of Defense shall conduct a study to determine the feasibility of consolidating the military resale entities into a single defense resale system. Such study shall include the following:

(1) A financial assessment of consolidation of the military resale entities.

(2) A business case analysis of consolidation of the military resale entities.

(3) Organizational, operational, and business model integration plans for consolidation of the military resale entities.

(4) Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies.

(b) Report.—Not later than January 1, 2019, the Secretary shall submit a report to the congressional defense committees regarding the study under subsection (a). That report shall contain the following:

(1) Details of the internal and external organizational structures of a consolidated defense resale system.

(2) Recommendations of the Secretaries of each of the military departments regarding the plan to consolidate the military resale entities.

(3) The costs and associated plan for the merger of technologies or implementation of new technology from a third-party provider to standardize financial management and accounting processes of a consolidated defense resale system.

(4) Best practices to maximize reductions in costs associated with back-office retail payment processing for a consolidated defense resale system.

(5) A timeline for converting the Defense Commissary Agency into a non-appropriated fund instrumentality under section 2484(j) of title 10, United States Code.

(6) A determination whether the business case analysis supports consolidation of the military resale entities.

(7) Recommendations of the Secretary for legislation related to consolidation of the military resale entities.

(8) Other elements the Secretary determines are necessary for a successful evaluation of a consolidation of the military resale entities.

(c) Prohibition on use of funds.—None of the amounts authorized to be appropriated or otherwise made available in this Act may be obligated or expended for the purpose of implementing consolidation of the military resale entities until October 1, 2019.

(d) Military resale entities defined.—In this section the term “military resale entities” means—

(1) the Defense Commissary Agency;

(2) the Army and Air Force Exchange Service;

(3) the Navy Exchange; and

(4) the Marine Corps Exchange.

SEC. 626. Designation of new beneficiary under the Survivor Benefit Plan.

Section 1448(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph (H):

“(H) ELECTION OF NEW BENEFICIARY BY TERMINALLY ILL PARTICIPANT.—

“(i) AUTHORITY FOR ELECTION.—A participant in the Plan may elect a new beneficiary if the Secretary concerned determines that the participant is terminally ill. Any such beneficiary must be a natural person with an insurable interest in the participant.

“(ii) PROCEDURES.—Such an election shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day of the first month following the month in which the election is received by the Secretary.”.

SEC. 627. Report regarding management of military commissaries and exchanges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding management practices of military commissaries and exchanges.

(b) Elements.—The report required under this section shall include a cost-benefit analysis with the goals of—

(1) reducing the costs of operating military commissaries and exchanges by $2,000,000,000 during fiscal years 2019 through 2023; and

(2) not raising costs for patrons of military commissaries and exchanges.

SEC. 628. Access for veterans to certain fitness centers.

(a) In general.—Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

“SEC. 2569. Fitness centers: access for veterans.

“(a) In general.—Subject to subsection (b), the Secretary of a military department may grant veterans access to a fitness center that—

“(1) is under the jurisdiction of such Secretary; and

“(2) is operated by a geographically separated unit that is located not less than 100 miles from the supporting base of such unit.

“(b) Factors for consideration.—In determining whether to grant veterans access to a fitness center under subsection (a), the Secretary concerned shall consider—

“(1) whether the commander who oversees the fitness center has determined—

“(A) that such fitness center has the capacity and infrastructure required to support veterans; and

“(B) that granting veterans such access would not impede the readiness of members of the armed forces on active duty who use the fitness center;

“(2) the effect that granting veterans such access would have on the operating and maintenance expenses of the fitness center; and

“(3) any additional criteria determined by the Secretary concerned.

“(c) Definition.—In this section, the term ‘veteran’ has the meaning given such term in section 101 of title 38.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

“2569. Fitness centers: access for veterans.”.

SEC. 629. 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) Findings.—Congress finds the following:

(1) In 2017, the Secretary of Defense determined that the addition of new patron categories to the commissary and exchange systems would support the growth of a robust customer base and help ensure the ability of both systems to provide benefits to members of the Armed Forces and their families.

(2) The Secretary previously opposed extending commissary and exchange privileges to large patron groups such as disabled veterans.

(3) In January 2017, the Secretary of Defense approved limited online exchange shopping privileges for all veterans, effective November 11, 2017.

(4) The Secretary determined that current patrons of exchanges did not perceive the extension of such privileges as diluting the benefit for members of the Armed Forces.

(5) The Purple Heart is the oldest military decoration, awarded to members of the Armed Forces who have been wounded or died in combat, fighting for the United States. Since the modern incarnation of the award was established in 1932, approximately 1,800,000 members of the Armed Forces have been awarded the Purple Heart.

(c) 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—

“(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and

“(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

“(2) The term ‘Medal of Honor recipient’ has the meaning given that term in section 1074h(c) of this title.

“(3) The terms ‘veteran’, ‘former prisoner of war’, and ‘service-connected’ have the meanings given those terms in section 101 of title 38.

“(4) The terms ‘caregiver’ and ‘family caregiver’ have the meanings given those terms in section in section 1720G(d) of title 38.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:

“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.”.

(3) EFFECTIVE DATE.—Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

(d) Authorization of appropriation for updating ePACS for military commissaries.—There is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, $500,000 to the Secretary of Defense for the purpose of updating the electronic physical access control system used by military commissaries and exchanges so that the system may recognize and accept veteran health identification cards.

(e) Sense of Congress regarding individuals awarded the Purple Heart.—It is the sense of Congress that the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, should maintain a list of all individuals awarded the Purple Heart.

TITLE VIIHealth Care Provisions

subtitle ATRICARE and Other Health Care Benefits

SEC. 701. TRICARE Medicare Advantage demonstration program.

(a) Establishment.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall carry out a demonstration program under which, notwithstanding section 1851(c)(3) of the Social Security Act (42 U.S.C. 1395w–21(c)(3)), each covered individual is deemed, unless the individual (in accordance with a process specified by the Secretaries) elects otherwise, to have elected to receive benefits under title XVIII of such Act (42 U.S.C. 1395 et seq.) through a participating MA plan, with respect to the military health system region involved, (and shall be enrolled in such plan) for each plan year during which such demonstration program is carried out. In carrying out the demonstration program, the Secretary shall ensure that a covered individual who is enrolled in an MA plan in a military health system region selected under paragraph (3) that is not a participating MA plan may remain in such non-participating MA plan without making an election through such process specified in the previous sentence.

(2) DURATION.—Subject to subsection (d), the demonstration program established under paragraph (1) shall be carried out for a period of not less than 2 plan years.

(b) Participating MA plans.—

(1) DEFINITION.—For purposes of this section, the term “participating MA plan” means, with respect to a military health system region selected under paragraph (3) and a plan year beginning during the period during which the demonstration project is carried out, an eligible Medicare Advantage plan that enters into a contract under paragraph (2) with the Secretary of Defense to participate in the demonstration program under this section for such plan year.

(2) SELECTION OF PLANS.—

(A) IN GENERAL.—The Secretary shall, after consultation with the TRICARE managed care support contractor in each military health system region selected under paragraph (3) and with respect to each plan year beginning the period during which such demonstration program is carried out, enter into a contract with one or more eligible Medicare Advantage plans described in subparagraph (B) to participate in the demonstration program for such plan year, with respect to such military health system region. Under such contract, the Medicare Advantage organization offering such plan, with respect to such military health system region, shall agree to provide coverage under such plan to all covered individuals residing in such region during such plan year.

(B) ELIGIBLE MEDICARE ADVANTAGE PLAN.—For purposes of this section, an eligible Medicare Advantage plan, with respect to a military health system region selected under paragraph (3), is an MA plan that satisfies the following conditions, with respect to a plan year beginning during the period during which the demonstration program is carried out:

(i) The Medicare Advantage organization offering the plan has in effect a contract with the Secretary of Health and Human Services under section 1857 of the Social Security Act (42 U.S.C. 1395w–27) for offering such plan to MA eligible individuals in such military health system region with respect to such plan year.

(ii) The plan is, or is treated as, a qualifying plan under section 1853(o)(3) of such Act (42 U.S.C. 1395w–23(o)(3)), with respect to such plan year.

(3) SELECTION OF MILITARY HEALTH SYSTEM REGIONS.—The Secretary shall select two military health system regions in which to carry out the demonstration program, one from each TRICARE managed care support contractor region. Each such region shall have a large concentration of beneficiaries eligible for TRICARE for Life.

(c) Costs of program.—

(1) DEPARTMENT OF DEFENSE.—The Secretary shall bear the costs to the Department of Defense and realize any potential savings to the Department that result from the demonstration program.

(2) COST NEUTRALITY.—The costs paid under the demonstration program by the United States to the participating Medicare Advantage plans, and the costs paid by the United States pursuant to TRICARE for Life, for the period of the demonstration program, with respect to covered individuals enrolled in such plans during such period, may not exceed the estimated costs that would have been paid by the United States during such period for providing health care benefits to such individuals through the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act and TRICARE for Life, as adjusted to account for the age, location, and health status of the population.

(d) Certifications required to carry out program.—

(1) CERTIFICATIONS.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for each plan year occurring during the period during which the demonstration program is carried out, the Secretary shall submit to the appropriate congressional committees a report and certification on the demonstration program. If the Secretary does not submit the certification by such date each year, the Secretary may not carry out the demonstration program for the plan year or any subsequent plan year.

(2) ELEMENTS.—Each report and certification under paragraph (1), with respect to a plan year, shall include the following:

(A) Except for the first report and certification submitted under paragraph (1)—

(i) a certification that the demonstration program maintains cost neutrality pursuant to subsection (c)(2);

(ii) the number of covered individuals eligible to be enrolled in the demonstration program and the number of covered individuals who opted out of such enrollment in each participating MA plan in each such region; and

(iii) an assessment of the number of covered individuals enrolled in participating Medicare Advantage plans under the demonstration program that have reached the limit on out-of-pocket expenditures applied under the respective plan.

(B) A certification that the access standards for the TRICARE program are met in the Medicare Advantage plans selected under subsection (b)(2).

(C) A description of the average premium rates, and copayments or cost sharing, if any, for each participating MA plan in each military health system region selected under subsection (b)(3).

(D) A description of the quality rating determined under the 5-star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w–23(o)(4)) for such plan year for each participating MA plan.

(E) Any recommendations by the Secretary with respect to any legislative actions to improve the demonstration program.

(e) Report.—Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report providing a comprehensive assessment of the demonstration program.

(f) Regulations.—

(1) IN GENERAL.—The Secretary may prescribe regulations to expeditiously implement the demonstration program under subsection (a).

(2) RULEMAKING.—The Secretary shall carry out paragraph (1)—

(A) by prescribing an interim final rule; and

(B) not later than 180 days after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.

(g) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committees on Armed Services, Ways and Means, and Energy and Commerce of the House of Representatives; and

(B) the Committees on Armed Services, Finance, and Health, Education, Labor, and Pensions of the Senate.

(2) The term “covered individual” means an individual who—

(A) is a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3)));

(B) is enrolled in TRICARE for Life; and

(C) resides in a ZIP Code that is located—

(i) in a military health system region selected under subsection (b)(3); and

(ii) at least 40 miles from a military medical center or a military hospital described in subsections (b) and (c) of section 1073d of title 10, United States Code.

(3) The term “Medicare Advantage organization” has the meaning given that term in section 1859 of the Social Security Act (42 U.S.C. 1395w–28).

(4) The term “Medicare Advantage plan” means a health plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w–21 et seq.).

(5) The term “plan year” has the meaning given such term for purposes of such part.

(6) The term “Secretary” means the Secretary of Defense.

(7) The terms “TRICARE program” and “TRICARE for Life” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 702. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.

(a) In general.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.

(b) Discharge through partnerships.—The pilot program authorized by subsection (a) shall be carried out through partnerships with public, private, and non-profit health care organizations, universities, and institutions that—

(1) provide health care to members of the Armed Forces;

(2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the Armed Forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;

(3) provide health care, support, and other benefits to family members of members of the Armed Forces; and

(4) provide health care under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code).

(c) Program activities.—Each organization or institution that participates in a partnership under the pilot program authorized by subsection (a) shall—

(1) carry out intensive outpatient programs of short duration to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;

(2) use evidence-based and evidence-informed treatment strategies in carrying out such programs;

(3) share clinical and outreach best practices with other organizations and institutions participating in the pilot program; and

(4) annually assess outcomes for members of the Armed Forces individually and among the organizations and institutions participating in the pilot program with respect to the treatment of conditions described in paragraph (1).

(d) Evaluation metrics.—Before commencement of the pilot program, the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program and the activities under the pilot program.

(e) Reports.—

(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program authorized by subsection (a). The report shall include a description of the pilot program and such other matters on the pilot program as the Secretary considers appropriate.

(2) FINAL REPORT.—Not later than 180 days after the cessation of the pilot program under subsection (f), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the pilot program. The report shall include the following:

(A) A description of the pilot program, including the partnership under the pilot program as described in subsection (b).

(B) An assessment of the effectiveness of the pilot program and the activities under the pilot program.

(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extension or making permanent the authority for the pilot program.

(f) Termination.—The Secretary may not carry out the pilot program authorized by subsection (a) after the date that is three years after the date of the enactment of this Act.

SEC. 703. Pilot program on cryopreservation and storage.

(a) In general.—The Secretary of Defense shall establish a pilot program to provide not greater than 1,000 members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.

(b) Period of time.—

(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or of a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(3) DISPOSAL OF GAMETES.—If an individual described in paragraph (2) does not make a selection under subparagraph (A) or (B) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the 1-year period specified in paragraph (1) with respect to the individual.

(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.—To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.

SEC. 704. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Section 1074m(a)(1)(B) of title 10, United States Code, is amended by striking “Until January 1, 2019, once” and inserting “Once”.

SEC. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces.

Section 1145(a)(6)(B)(i) of title 10, United States Code, is amended—

(1) in subclause (I)—

(A) by inserting “, substance use disorder,” after “post-traumatic stress disorder”; and

(B) by striking “and” at the end;

(2) by redesignating subclause (II) as subclause (III); and

(3) by inserting after subclause (I) the following:

“(II) chronic pain management services, including counseling and treatment of co-occurring mental health disorders and alternatives to opioid analgesics; and”.

subtitle BHealth Care Administration

SEC. 711. Transition of administration by Defense Health Agency of military medical treatment facilities.

Section 1073c(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “Beginning October 1, 2018,” and inserting “In accordance with paragraph (3), by not later than September 30, 2020,”;

(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(3) by inserting after paragraph (2) the following new paragraph (3):

“(3)(A) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.

“(B) In carrying out this subsection, and in addition to the requirements under section 1073d(e) of this title, the Secretary of Defense may not close any military medical treatment facility, limit the health services provided by a military medical treatment facility, or take any action to begin such a closure or limitation, until the date on which the Secretary submits to the congressional defense committees a report containing the following:

“(i) A certification that each Secretary of a military department has completed the transition of the administration of each military medical treatment facility from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1).

“(ii) A description of the metrics used by the Secretary of Defense to ensure that such transition is completed.

“(iii) A description of a cohesive headquarters structure that delineates the roles and responsibilities for each military department, the Joint Staff Surgeon, and the Defense Health Agency.

“(iv) A description of the methodology and criteria used by the Secretary to make decisions to close any military medical treatment facility or limit the health services provided by a military medical treatment facility, including input from the affected military department.

“(C) Not later than January 31, 2019, and every 6 months thereafter through September 30, 2020, the Director of the Defense Health Agency shall provide a briefing to the congressional defense committees on the progress of the transition under this paragraph.”; and

(4) in paragraph (3), as so redesignated, by striking “subsection (a)” and inserting “paragraph (1)”.

SEC. 712. Sharing information with State prescription drug monitoring programs.

(a) Establishment.—Section 1074g of title 10, United States Code, is amended—

(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

(2) by inserting after subsection (f) the following new subsection:

“(g) Sharing information with State prescription drug monitoring programs.—(1) The Secretary shall establish and operate a prescription drug monitoring program (to be known as the Military Health System Prescription Drug Monitoring Program) for prescription drugs provided through facilities of the uniformed services.

“(2) The Secretary shall ensure that the program established under paragraph (1)—

“(A) is comparable to prescription drug monitoring programs operated by States; and

“(B) covers prescription drugs provided under the pharmacy benefits program that are controlled substances.

“(3)(A) In carrying out the program established under paragraph (1), the Secretary shall establish appropriate procedures for sharing between the program and State prescription drug monitoring programs patient-specific information regarding prescription drugs that are controlled substances to prevent the misuse and diversion of opioid medications and other controlled substances.

“(B) For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), any disclosure of patient-specific information by the Secretary under subparagraph (A) shall be treated as a permitted disclosure.

“(C) The Secretary shall include in the procedures established under subparagraph (A) appropriate safeguards, as determined by the Secretary, concerning the cybersecurity of information systems of the Department of Defense systems and the operational security of personnel of the Department.

“(4) In this subsection, the term ‘controlled substance’ has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).”.

(b) Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the program established under section 1074g(g) of title 10, United States Code, as added by subsection (a).

(c) Conforming amendments.—

(1) TITLE 10, UNITED STATES CODE.—Section 1079(q) of title 10, United States Code, is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

(2) FY16 NDAA.—Section 715(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 1074g note) is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

(3) FY17 NDAA.—Section 745(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074 note) is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

SEC. 713. Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces.

Section 1074l(a) of title 10, United States Code, is amended by striking “admitted to a military treatment facility within the United States” and inserting “admitted to any military medical treatment facility”.

SEC. 714. Improvements to trauma center partnerships.

Section 708(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—

(1) in paragraph (1), by striking “large metropolitan teaching hospitals that have level I civilian”;

(2) in paragraph (2)—

(A) by striking “with civilian academic medical centers and large metropolitan teaching hospitals”; and

(B) by striking “the trauma centers of the medical centers and hospitals” and inserting “trauma centers”; and

(3) in paragraph (3), by striking “large metropolitan teaching hospitals” and inserting “trauma centers”.

SEC. 715. Wounded warrior policy review.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and management of recovering service members. In conducting such review, the Secretary shall consider best practices—

(1) in the care of recovering service members;

(2) in the administrative management relating to such care;

(3) to carry out applicable provisions of Federal law; and

(4) recommended by the Comptroller General of the United States in the report titled “Army Needs to Improve Oversight of Warrior Transition Units”.

(b) Scope of policy.—In carrying out subsection (a), the Secretary shall update policies of the Department of Defense with respect to each of the following:

(1) The case management coordination of members of the Armed Forces between the military departments and the military medical treatment facilities administered by the Director of the Defense Health Agency pursuant to section 1073c of title 10, United States Code, including with respect to the coordination of—

(A) appointments;

(B) rehabilitative services;

(C) recuperation in an outpatient status;

(D) contract care provided by a private health care provider outside of a military medical treatment facility;

(E) the disability evaluation system; and

(F) other administrative functions relating to the military department.

(2) The transition of a member of the Armed Forces who is retired under chapter 61 of title 10, United States Code, from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.

(3) Facility standards related to lodging and accommodations for recovering service members and the family members and non-medical attendants of such recovering service members.

(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b).

(d) Definitions.—In this section, the terms “disability evaluation system”, “outpatient status”, and “recovering service members” have the meaning given those terms in section 1602 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

SEC. 716. Joint force medical capabilities development and standardization.

(a) Development.—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop a process to establish required joint medical capabilities for members of the Armed Forces that meet the operational planning requirements of the combatant commands.

(b) Process.—The process developed under subsection (a) shall include—

(1) the development of a joint medical estimate to determine the medical requirements for treating members of the Armed Forces who are wounded, ill, or injured during military operations, including with respect to environmental health and force health protection.

(2) a process to review and revise military health related mission essential tasks that are aligned with health professional knowledge, skills, and abilities; and

(3) a process to standardize the interoperability of medical equipment and capabilities to the greatest extent practicable to support the joint force.

(c) Report.—Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the process developed under subsection (a).

SEC. 717. Burn patient transfer system.

The Secretary of Defense may develop a burn patient transfer system, including any required hardware and software, that would provide a platform for reporting immediate and surge bed availability and that would electronically match patient acuity with open beds at other military and civilian burn centers.

SEC. 718. Report on MHS Genesis electronic health record system.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the corrective actions that were taken based on the results of the Initial Operational Test and Evaluation Report prior to fielding the electronic health record system known as MHS Genesis to additional military medical treatment facilities beyond such facilities participating in the initial operational testing and evaluation of MHS Genesis.

subtitle CReports and other Matters

SEC. 721. Establishment of TriService Dental Research Program.

(a) In general.—Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2117. Military dental research

“(a) Definitions.—In this section:

“(1) The term ‘military dental research’ means research on the furnishing of care and services by dentists in the armed forces.

“(2) The term ‘TriService Dental Research Program’ means the program of military dental research authorized under this section.

“(b) Program authorized.—The Secretary of Defense may establish at the University a program of military dental research.

“(c) TriService research group.—The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.

“(d) Duties of group.—The TriService Dental Research Group shall—

“(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and

“(2) make available to Army, Navy, and Air Force dentists and Department of Defense officials concerned with military dental research—

“(A) information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and

“(B) expertise and information beneficial to the encouragement of meaningful dental research.

“(e) Research topics.—For purposes of this section, military dental research includes research on the following issues:

“(1) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.

“(2) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.

“(3) Issues regarding how to improve methods of training dental personnel.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new section:

“2117. Military dental research.”.

SEC. 722. Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Section 178(c)(1)(C) of title 10, United States Code, is amended to read as follows:

“(C) six members appointed by the ex officio members of the Council designated in subparagraphs (A) and (B).”.

SEC. 723. Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund.

Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), is further amended by striking “September 30, 2019” and inserting “September 30, 2020”.

SEC. 724. Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense.

(a) Annual periodic health assessment.—The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into annual periodic health assessments conducted by the Department of Defense for members of the Armed Forces.

(b) Research efforts.—The Secretary shall incorporate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions into the Health Related Behaviors Survey of Active Duty Military Personnel.

SEC. 725. Medical simulation technology and live tissue training within the Department of Defense.

(a) In general.—

(1) USE OF SIMULATION TECHNOLOGY.—Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology before the use of live tissue training to train medical professionals and combat medics of the Department of Defense.

(2) DETERMINATION.— The use of live tissue training within the Department of Defense may be used as determined necessary by the medical chain of command.

(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the Senate on the use and benefit of medical simulation technology and live tissue training within the Department of Defense to train medical professionals, combat medics, and members of the Special Operations Forces.

(c) Elements.—The briefing under subsection (b) shall include the following:

(1) A discussion of the benefits and needs of both medical simulation technology and live tissue training.

(2) Ways and means to enhance and advance the use of simulation technologies in training.

(3) An assessment of current medical simulation technology requirements, gaps, and limitations.

(4) An overview of Department of Defense medical training programs, as of the date of the briefing, that use live tissue training and medical simulation technologies.

(5) Any other matters the Secretary determines appropriate.

SEC. 726. Limitation on changes to Federal Emergency Services certification levels of the Air Force.

The Secretary of the Air Force may not transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level until the Secretary submits to the congressional defense committees a report that contains the following:

(1) Details on the process and factors the Air Force Emergency Medical Services Working Group used and considered to determine which military installations would be required to transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level.

(2) The required base and community emergency response standards the Air Force Emergency Medical Services Working Group based such transition on, including information on where these standards are defined and how these standards were developed.

(3) Information on how the Air Force will meet the needs of trench rescue, water rescue, high angle rescue, and confined space rescue pursuant to Department of Defense Instructions with less Emergency Medical Technician certified personnel.

(4) Information on the required response time standard for advanced life support and how the Air Force Emergency Medical Services Working Group determined a military installation could meet this standard.

(5) Details on any contingency plans the Air Force has developed when basic and advance life support care and ambulance transport are unavailable as a result of these resources being used to transport patients to medical facilities located off the military installation.

SEC. 727. Strategic medical research plan.

(a) Plan.—Not later than 30 days after the date on which the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees a comprehensive strategic medical research plan.

(b) Matters included.—The plan under subsection (a) shall include the following:

(1) A description of all medical research focus areas of the Department of Defense and a description of the coordination process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program.

(2) A description of the medical research projects funded under the Defense Health Program account and the projects under the Congressional Directed Medical Research Programs.

(3) A description of the process to ensure synergy across the military medical research community to address gaps in military medical research, minimize duplication of research, and to promote collaboration within research focus areas.

(4) A description of the efforts of the Secretary to coordinate with other departments and agencies of the Federal Government to increase awareness of complementary medical research efforts that are being carried out through the Federal Government.

SEC. 728. Independent evaluation of mental health care.

(a) In general.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to evaluate the management of mental health care by the Defense Health Agency pursuant to section 1073c(a) of title 10, United States Code.

(b) Selection.—The Secretary shall select a federally funded research and development center under subsection (a) that has expertise and a record of independent, peer-reviewed publications with respect to—

(1) behavioral health research; and

(2) independent evaluations of mental health programs within the Department of Defense using multidisciplinary methods.

(c) Matters included.—The evaluation under subsection (a) shall include the following:

(1) An assessment of the management of mental health care by the Defense Health Agency, including—

(A) how mental health care providers will be arranged within the command structure of the Agency; and

(B) how mental health care policy and processes will be managed within the Agency.

(2) An assessment of the ability of each Surgeon General of the military departments to maintain the readiness of the military health workforce to deliver mental health care services operationally in support of deployed forces.

(3) An assessment of the coordination of behavioral health research efforts across the research continuum.

(4) An assessment of the inclusion of evidence-based suicide prevention programs.

(5) A description of new processes to accelerate scientific research and delivery of breakthrough therapies for traumatic brain injury, chronic traumatic encephalopathy, and post-traumatic stress disorder.

(6) Plans to field medical devices approved by the Food and Drug Administration that provide clinicians with rapid, accurate assessments of traumatic brain injury.

(d) Submission.—Not later than April 1, 2019, the Secretary shall submit to the congressional defense committees a report on the evaluation under subsection (a).

SEC. 729. Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

(a) Study.—The Secretary of Defense shall conduct a study assessing the impact of using established rates to reimburse covered mental health care providers on the availability of such providers.

(b) Elements.—The study under subsection (a) shall include the following:

(1) An evaluation of—

(A) whether there are enough covered mental health care providers to adequately serve the beneciaries under TRICARE Prime and the beneficiaries under TRICARE Select of each locality in the East and West regions of the TRICARE program, including in rural communities in such regions; and

(B) whether the requirements under sections 1079(h)(1) and 1097b of title 10, United States Code, to use established rates to reimburse covered mental health care providers limits the number of covered health care providers serving each locality in the East and West regions of the TRICARE program, including in rural communities in such regions.

(2) An assessment of the impact of using established rates to reimburse covered mental health care providers on—

(A) the ability of beneficaries under TRICARE Prime and beneficiaries under TRICARE Select beneficiaries to access appropriate and timely mental health care in accordance with section 199.17 of title 32, Code of Federal Regulations; and

(B) the availability of services provided by mental health care providers that are needed by members of the Armed Forces to be medically ready.

(3) Information about instances in which the Secretary provided or applied exceptions to established rates pursuant to sections 1079(h)(2) of title 10, United States Code, to increase the number of covered mental health care providers.

(4) A description of how the Secretary solicits and collects feedback from covered mental health care providers on established rates.

(5) A list of actions the Secretary has taken to address such feedback.

(6) Any legislative, regulatory, or policy recommendations that are necessary to improve the overall medical readiness of Armed Forces.

(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on the Armed Services of the Senate a report on the results of the study required under subsection (a).

(d) Briefing.—Not later than 60 days after the date on which the report required under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary shall provide a briefing to such committees on the results of the study required under subsection (a).

(e) Comptroller general review and report.—Not later than 180 days after the date on which the report under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Comptroller General of the United States shall—

(1) review the report required under subsection (c); and

(2) submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate an assessment of—

(A) whether the results of the study required under subsection (a) are supported by the data and information examined in the study required under subsection (a); and

(B) the feasibility of any recommendations identified by the Secretary under subsection (b)(6).

(f) Definitions.—In this section:

(1) The term “established rate” means the payment amount determined by the Secretary pursuant to sections 1079(h)(1) and 1097b of title 10, United States Code, and section 199.14 of title 32, Code of Federal Regulations.

(2) The term “covered mental health care provider” means a mental health care provider under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

(3) The term “mental health care provider” means a psychiatrist, clinical psychologist, certified psychiatric nurse specialist, certified clinical social worker, certified marriage and family therapist, TRICARE certified mental health counselor, pastoral counselor under the supervision of a physician, and supervised mental health counselor under the supervision of a physician.

(4) The term locality means a geographic location—

(A) designated as a Prime Service Area under section 199.17(b)(1) of title 32, Code of Federal Regulations; and

(B) in which the Secretary entered into a contract under chapter 55 of title 10, United States Code, with a contractor under the TRICARE program to provide health care services to beneficiaries by TRICARE-authorized civilian health care providers.

(5) The terms “TRICARE Prime” and “TRICARE Select” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico.

(a) Study.—The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the feasibility and effect of extending the eligibility to enroll in, and the coverage of, TRICARE Prime to members of the Armed Forces and covered beneficiaries who reside in Puerto Rico to the same degree that a covered beneficiary who resides in any of the several States may enroll in TRICARE Prime.

(b) Elements.—The study under subsection (a) shall address the following:

(1) The requirements, as of the date of the study, for a covered beneficiary to be eligible to enroll in the TRICARE program in Puerto Rico.

(2) The number of—

(A) covered beneficiaries who are enrolled in the TRICARE program who reside in Puerto Rico; and

(B) such covered beneficiaries who would potentially enroll in TRICARE Prime if the Secretary extends TRICARE Prime as described in subsection (a).

(3) The demographic distribution of covered beneficiaries who reside in Puerto Rico.

(4) The access of such covered beneficiaries to health care networks, including trauma care centers, as of the date of the study.

(5) The quality of such health care networks.

(6) The costs and timeline requirements for extending TRICARE Prime as described in subsection (a).

(7) The feasibility of using medical resources of the Department of Defense to cover gaps in service availability in Puerto Rico if such extension does not occur.

(c) Submission.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a).

(d) Definitions.—In this section, the terms “covered beneficiary”, “TRICARE Prime”, and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 731. Study on health effects relating to activity of the Armed Forces on Vieques.

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 congressional defense committees a report containing a study of the health effects of the live-fire training at Vieques Naval Training Range conducted by the Navy before 2002 and other activities of the Armed Forces on the island of Vieques, Puerto Rico. The study shall include a comprehensive analysis of the following:

(1) The immediate health effects of such training and activity on the residents of Vieques.

(2) The long-term health effects of such training and activity on the residents of Vieques.

(3) The potential ongoing health effects caused by any contamination relating to such training and activity.

SEC. 732. Strategy to recruit and retain mental health providers.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—

(1) describes the shortage of mental health providers of the Department of Defense;

(2) explains the reasons for such shortage;

(3) explains the effect of such shortage on members of the Armed Forces; and

(4) contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.

SEC. 733. Study on earning by special operations forces medics of credits towards a physician assistant degree.

(a) Study.—The Secretary of Defense shall conduct a study to assess the feasibility and advisability of establishing partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Secretary, through which special operations forces medics earn credit toward the master's degree of physician assistant for military operational work and training performed by the medics.

(b) Elements.—The study under subsection (a) shall include the following:

(1) The feasibility with respect to establishing partnerships described in subsection (a) that permit medics to conduct clinical training at medical facilities of the Department of Defense and the civilian sector in order to meet the increasing demand for highly trained health care providers at such facilities.

(2) How partnerships described in subsection (a) will ensure that the evaluation of work and training performed by medics for which credits are earned comply with civilian clinical evaluation standards applicable to the awarding of master's degrees of physician assistant.

(3) How the Secretary can leverage the physician assistant program at the Uniformed Services University to coordinate such partnerships and assist with credits.

(c) 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 Representative a report on the study under subsection (a).

SEC. 734. Study of drug shortages and impact on members of the Armed Forces.

(a) Congressional findings.—The Congress finds the following:

(1) Shortages of critical medical drugs used for surgery and emergency care have increased significantly during 2017 and 2018.

(2) Reports from physicians have identified critical drugs such as dilaudid, bupivacaine, morphine, and epinephrine as important commonly needed drugs in shortage.

(3) Health care providers for the Armed Forces use the same drugs as civilian health care providers and are experiencing similar shortages in surgical facilities.

(4) Such shortages could compromise the quality of care available to members of the Armed Forces.

(b) Study.—The Secretary of Defense shall conduct a study of shortages of drugs used in the surgical and emergency settings of military facilities—

(1) to determine if the quality or safety of military health care has been compromised by such shortages;

(2) to identify and examine supply chain issues related to the availability of drugs used for surgery and emergency care; and

(3) to identify and examine the impact of shortages on care for military patients.

(c) Consultation.—In conducting the study under subsection (b), the Secretary shall consult with the Commissioner of Food and Drugs, the Administrator of the Drug Enforcement Administration, and such other stakeholders as the Secretary considers relevant to the study, including physician organizations and drug manufacturers.

(d) Report.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the study under this section and setting forth any conclusions and recommendations resulting from the study.

SEC. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system.

The Secretary of Defense shall transmit to the Secretary of Veterans Affairs a report detailing lessons learned by the Secretary of Defense with respect to successfully remediating concerns found during the initial operational testing and evaluation of the electronic health record system known as MHS Genesis.

SEC. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces.

The Secretary of Defense shall prepare and submit a report to congressional defense committees regarding the actions the Department of Defense is taking to prevent and treat opioid use among the dependents of members of the Armed Forces. Such report shall include how information is shared between military medical treatment facilities across the country, what counseling services are available to dependents and how such services are publicized, and a plan for intervention strategies to prevent opioid use and abuse.

SEC. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder.

(a) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(2) CONTENTS.—The report under this subsection shall include the following:

(A) A summary of the Army’s, the Navy’s, and the Air Force’s practices for prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(B) Identification of medical centers serving members of the Armed Forces found to having higher than average incidences of prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder guidelines.

(C) A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.

(D) A plan for ongoing monitoring of medical centers found to have higher than average incidences of prescribing medication that were inconsistent with the post-traumatic stress disorder guidelines by the Department of Defense and the Veterans Health Administration.

(b) Monitoring Program.—Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces shall provide as follows:

(1) The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.

(2) The monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department of Defense and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.

(3) The monitoring program shall establish internal procedures, not later than October 1, 2020, to address practices for prescribing medication that are inconsistent with the post-traumatic stress disorder medication guidelines developed Department of Defense and the Veterans Health Administration.

SEC. 738. Pilot program on mindfulness-based stress reduction in pre-deployment training.

(a) Pilot program.—The Secretary of Defense, in consultation with the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a pilot program under which the Secretary provides mindfulness-based stress reduction training to members of the Armed Forces before their deployment to a combat theater of operations.

(b) Study and report.—The Secretary of Defense shall study and submit to Congress a report on the effectiveness of training under the pilot program, including the effect of the training on—

(1) managing stress; and

(2) preventing post-traumatic stress disorder.

SEC. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.

(b) Matters included.—The study under subsection (a) shall include the following:

(1) An analysis of whether the requirement described in such subsection affects covered individuals from returning to work.

(2) The number of individuals who—

(A) are retired from the Armed Forces under chapter 61 of title 10, United States Code;

(B) are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and

(C) because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select.

(3) The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) if able.

(c) Definitions.—In this section:

(1) The term “covered individual” means an individual—

(A) who is under 65 years of age;

(B) who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));

(C) whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and

(D) who is retired under chapter 61 of title 10, United States Code.

(2) The terms “TRICARE for Life”, “TRICARE Extra”, “TRICARE Standard”, “TRICARE Select”, and “TRICARE Prime” have the meanings given those terms in section 1072 of title 10, United States Code.

TITLE VIIIAcquisition policy, acquisition management, and related matters

subtitle AStreamlining of defense acquisition statutes and regulations

SEC. 800. Effective dates; coordination of amendments.

(a) Effective dates.—

(1) PARTS I AND II.—Parts I and II of this subtitle, and the redesignations and amendments made by such parts, shall take effect on February 1, 2020.

(2) PART III.—Part III of this subtitle shall take effect on the date of the enactment of this Act.

(b) Coordination of amendments.—The redesignations and amendments made by part II of this subtitle shall be executed—

(1) before the amendments made by part I of this subtitle; and

(2) after any amendments made by any other provisions of this Act.

PART IConsolidation of Defense Acquisition Statutes in New Part V of Subtitle A of Title 10, United States Code

SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.

(a) In general.—Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:

“PART VAcquisition

“ Chap. ............................................................................................................. Sec.


“SUBPART A—GENERAL

“201. Definitions ........................................................................................... 3001

“203. General Matters .................................................................................... 3021

“205. Defense Acquisition System .............................................................. 3051

“207. Budgeting and Appropriations Matters ............................................ 3101

“209. Overseas Contingency Operations ..................................................... 3151


“SUBPART B—ACQUISITION PLANNING

“221. Planning and Solicitation Generally ................................................ 3201

“223. Planning and Solicitation Relating to Particular Items or Services 3251


“SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

“241. Awarding of Contracts ......................................................................... 3301

“243. Specific Types of Contracts ............................................................ 3351

“245. Task and Delivery Order Contracts (Multiple Award Contracts) ... 3401

“247. Acquisition of Commercial Items ..................................................... 3451

“249. Multiyear Contracts ........................................................................... 3501

“251. Simplified Acquisition Procedures ................................................. 3551

“253. Emergency and Rapid Acquisitions ................................................... 3601

“255. Contracting With or Through Other Agencies ................................... 3651


“SUBPART D—GENERAL CONTRACTING REQUIREMENTS

“271. Truthful Cost or Pricing Data .......................................................... 3701

“273. Allowable Costs .................................................................................... 3741

“275. Proprietary Contractor Data and Technical Data .......................... 3771

“277. Contract Financing .............................................................................. 3801

“279. Contractor Audits and Accounting ..................................................... 3841

“281. Claims and Disputes ............................................................................ 3861

“283. Foreign Acquisitions ........................................................................... 3881

“285. Small Business Programs ..................................................................... 3901

“287. Socioeconomic Programs ....................................................................... 3961


“SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

“301. Major Defense Acquisition Programs ................................................. 4001

“303. Weapon Systems Development and Related Matters .......................... 4071

“305. Other Matters Relating to Major Systems ........................................ 4121


“SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

“321. Research and Development Generally ................................................. 4201

“323. Innovation ............................................................................................. 4301

“325. Department of Defense Laboratories ................................................ 4351

“327. Research and Development Centers and Facilities .......................... 4401

“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451


“SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501

“343. Acquisition of Services ..................................................................... 4541

“345. Acquisition of Information Technology ............................................ 4571


“SUBPART H—CONTRACT MANAGEMENT

“361. Contract Administration ..................................................................... 4601

“363. Prohibitions and Penalties ................................................................ 4651

“365. Contractor Workforce ........................................................................... 4701

“367. Other Administrative and Miscellaneous Provisions ...................... 4751


“SUBPART I—DEFENSE INDUSTRIAL BASE

“381. Defense Industrial Base Generally ................................................... 4801

“383. Loan Guarantee Programs ..................................................................... 4861

“385. Procurement Technical Assistance Cooperative Agreement Program 4881

“subpart AGeneral

“CHAPTER 201DEFINITIONS

“SEC. 3001. [Reserved].

[Reserved]

“CHAPTER 203GENERAL MATTERS

“SEC. 3021. [Reserved].

[Reserved]

“CHAPTER 205DEFENSE ACQUISITION SYSTEM

“SEC. 3051. [Reserved].

[Reserved]

“CHAPTER 207BUDGETING AND APPROPRIATIONS MATTERS

“SEC. 3101. [Reserved].

[Reserved]

“CHAPTER 209OVERSEAS CONTINGENCY OPERATIONS

“SEC. 3151. [Reserved].

[Reserved]

“subpart BAcquisition Planning

“CHAPTER 221PLANNING AND SOLICITATION GENERALLY

“SEC. 3201. [Reserved].

[Reserved]

“CHAPTER 223PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES

“SEC. 3251. [Reserved].

[Reserved]

“subpart CContracting Methods and Contract Types

“CHAPTER 241AWARDING OF CONTRACTS

“SEC. 3301. [Reserved].

[Reserved]

“CHAPTER 243SPECIFIC TYPES OF CONTRACTS

“SEC. 3351. [Reserved].

[Reserved]

“CHAPTER 245TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)

“SEC. 3401. [Reserved].

[Reserved]

“CHAPTER 247ACQUISITION OF COMMERCIAL ITEMS

“SEC. 3451. [Reserved].

[Reserved]

“CHAPTER 249MULTIYEAR CONTRACTS

“SEC. 3501. [Reserved].

[Reserved]

“CHAPTER 251SIMPLIFIED ACQUISITION PROCEDURES

“SEC. 3551. [Reserved].

[Reserved]

“CHAPTER 253EMERGENCY AND RAPID ACQUISITIONS

“SEC. 3601. [Reserved].

[Reserved]

“CHAPTER 255CONTRACTING WITH OR THROUGH OTHER AGENCIES

“SEC. 3651. [Reserved].

[Reserved]

“subpart DGeneral Contracting Requirements

“CHAPTER 271TRUTHFUL COST OR PRICING DATA

“SEC. 3701. [Reserved].

[Reserved]

“CHAPTER 273ALLOWABLE COSTS

“SEC. 3741. [Reserved].

[Reserved]

“CHAPTER 275PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA

“SEC. 3771. [Reserved].

[Reserved]

“CHAPTER 277CONTRACT FINANCING

“SEC. 3801. [Reserved].

[Reserved]

“CHAPTER 279CONTRACTOR AUDITS AND ACCOUNTING

“SEC. 3841. [Reserved].

[Reserved]

“CHAPTER 281CLAIMS AND DISPUTES

“SEC. 3861. [Reserved].

[Reserved]

“CHAPTER 283FOREIGN ACQUISITIONS

“SEC. 3881. [Reserved].

[Reserved]

“CHAPTER 285SMALL BUSINESS PROGRAMS

“SEC. 3901. [Reserved].

[Reserved]

“CHAPTER 287SOCIOECONOMIC PROGRAMS

“SEC. 3961. [Reserved].

[Reserved]

“subpart ESpecial Categories of Contracting: Major Defense Acquisition Programs and Major Systems

“CHAPTER 301MAJOR DEFENSE ACQUISITION PROGRAMS

“SEC. 4001. [Reserved].

[Reserved]

“CHAPTER 303WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

“SEC. 4071. [Reserved].

[Reserved]

“CHAPTER 305OTHER MATTERS RELATING TO MAJOR SYSTEMS

“SEC. 4121. [Reserved].

[Reserved]

“subpart FSpecial Categories of Contracting: Research, Development, Test, and Evaluation

“CHAPTER 321RESEARCH AND DEVELOPMENT GENERALLY

“SEC. 4201. [Reserved].

[Reserved]

“CHAPTER 323INNOVATION

“SEC. 4301. [Reserved].

[Reserved]

“CHAPTER 325DEPARTMENT OF DEFENSE LABORATORIES

“SEC. 4351. [Reserved].

[Reserved]

“CHAPTER 327RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES

“SEC. 4401. [Reserved].

[Reserved]

“CHAPTER 329OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION

“SEC. 4451. [Reserved].

[Reserved]

“subpart GOther Special Categories Of Contracting

“CHAPTER 341CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS

“SEC. 4501. [Reserved].

[Reserved]

“CHAPTER 343ACQUISITION OF SERVICES

“SEC. 4541. [Reserved].

[Reserved]

“CHAPTER 345ACQUISITION OF INFORMATION TECHNOLOGY

“SEC. 4571. [Reserved].

[Reserved]

“subpart HContract Management

“CHAPTER 361CONTRACT ADMINISTRATION

“SEC. 4601. [Reserved].

[Reserved]

“CHAPTER 363PROHIBITIONS AND PENALTIES

“SEC. 4651. [Reserved].

[Reserved]

“CHAPTER 365CONTRACTOR WORKFORCE

“SEC. 4701. [Reserved].

[Reserved]

“CHAPTER 367OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

“SEC. 4751. [Reserved].

[Reserved]

“subpart IDefense Industrial Base

“CHAPTER 381DEFENSE INDUSTRIAL BASE GENERALLY

“SEC. 4801. [Reserved].

[Reserved]

“CHAPTER 383LOAN GUARANTEE PROGRAMS

“SEC. 4861. [Reserved].

[Reserved]

“CHAPTER 385PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

“SEC. 4881. [Reserved].

[Reserved”.]

(b) Table of chapters amendment.—The table of chapters at the beginning of subtitle A is amended by adding at the end the following new items:

“PART VACQUISITION

“ Chap. ............................................................................................................. Sec.


“SUBPART A—GENERAL

“201. Definitions ........................................................................................... 3001

“203. General Matters .................................................................................... 3021

“205. Defense Acquisition System .............................................................. 3051

“207. Budgeting and Appropriations Matters ............................................ 3101

“209. Overseas Contingency Operations ..................................................... 3151


“SUBPART B—ACQUISITION PLANNING

“221. Planning and Solicitation Generally ................................................ 3201

“223. Planning and Solicitation Relating to Particular Items or Services 3251


“SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

“241. Awarding of Contracts ......................................................................... 3301

“243. Specific Types of Contracts ............................................................ 3351

“245. Task and Delivery Order Contracts (Multiple Award Contracts) ... 3401

“247. Acquisition of Commercial Items ..................................................... 3451

“249. Multiyear Contracts ........................................................................... 3501

“251. Simplified Acquisition Procedures ................................................. 3551

“253. Emergency and Rapid Acquisitions ................................................... 3601

“255. Contracting With or Through Other Agencies ................................... 3651


“SUBPART D—GENERAL CONTRACTING REQUIREMENTS

“271. Truthful Cost or Pricing Data .......................................................... 3701

“273. Allowable Costs .................................................................................... 3741

“275. Proprietary Contractor Data and Technical Data .......................... 3771

“277. Contract Financing .............................................................................. 3801

“279. Contractor Audits and Accounting ..................................................... 3841

“281. Claims and Disputes ............................................................................ 3861

“283. Foreign Acquisitions ........................................................................... 3881

“285. Small Business Programs ..................................................................... 3901

“287. Socioeconomic Programs ....................................................................... 3961


“SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

“301. Major Defense Acquisition Programs ................................................. 4001

“303. Weapon Systems Development and Related Matters .......................... 4071

“305. Other Matters Relating to Major Systems ........................................ 4121


“SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

“321. Research and Development Generally ................................................. 4201

“323. Innovation ............................................................................................. 4301

“325. Department of Defense Laboratories ................................................ 4351

“327. Research and Development Centers and Facilities .......................... 4401

“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451


“SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501

“343. Acquisition of Services ..................................................................... 4541

“345. Acquisition of Information Technology ............................................ 4571


“SUBPART H—CONTRACT MANAGEMENT

“361. Contract Administration ..................................................................... 4601

“363. Prohibitions and Penalties ................................................................ 4651

“365. Contractor Workforce ........................................................................... 4701

“367. Other Administrative and Miscellaneous Provisions ...................... 4751


“SUBPART I—DEFENSE INDUSTRIAL BASE

“381. Defense Industrial Base Generally ................................................... 4801

“383. Loan Guarantee Programs ..................................................................... 4861

“385. Procurement Technical Assistance Cooperative Agreement Program 4881”.

PART IIRedesignation of sections and chapters of subtitles B, C, and D to provide room for new part V of subtitle A

SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF TITLE 10, UNITED STATES CODE—AIR FORCE.

(a) Subtitle D, part III, section numbers.—The sections in part III of subtitle D of title 10, United States Code, are redesignated as follows:

(1) CHAPTER 909.—Each section in chapter 909 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 50.

(2) CHAPTER 907.—Each section in chapter 907 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 70.

(3) CHAPTERS 901 AND 903.—Each section in chapter 901 and chapter 903 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100.

(b) Subtitle D, part II, section numbers.—The sections in part II of such subtitle are redesignated as follows:

(1) CHAPTER 831.—Section 8210 is redesignated as section 9110.

(2) CHAPTER 833.—Sections 8251, 8252, 8257, and 8258 are redesignated as sections 9131, 9132, 9137, and 9138, respectively.

(3) CHAPTER 835.—Sections 8281 and 8310 are redesignated as sections 9151 and 9160, respectively.

(4) CHAPTER 839.—Section 8446 is redesignated as section 9176.

(5) CHAPTER 841.—Sections 8491 and 8503 are redesignated as sections 9191 and 9203, respectively.

(6) CHAPTER 843.—Sections 8547 and 8548 are redesignated as sections 9217 and 9218, respectively.

(7) CHAPTER 845.—Sections 8572, 8575, 8579, 8581, and 8583 are redesignated as sections 9222, 9225, 9229, 9231, and 9233, respectively.

(8) CHAPTER 849.—Section 8639 is redesignated as section 9239.

(9) CHAPTER 853.—Sections 8681, 8684, and 8691 are redesignated as sections 9251, 9252, and 9253, respectively.

(10) CHAPTER 855.—Section 8723 is redesignated as section 9263.

(11) CHAPTER 857.—Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 530.

(12) CHAPTER 861.—Section 8817 is redesignated as section 9307.

(13) CHAPTER 867.—Each section in chapter 867 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 400.

(14) CHAPTER 869.—Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively.

(15) CHAPTER 871.—Sections 8991 and 8992 are redesignated as sections 9361 and 9362, respectively.

(16) CHAPTER 873.—Sections 9021, 9025, and 9027 are redesignated as sections 9371, 9375, and 9377, respectively.

(17) CHAPTER 875.—Section 9061 is redesignated as section 9381.

(c) Subtitle D, part I, section numbers.—Each section in part I of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,000.

(d) Subtitle D chapter numbers.—

(1) PART IV CHAPTER NUMBERS.—Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 30.

(2) PART III CHAPTER NUMBERS.—Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 50.

(3) PART II CHAPTER NUMBERS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 80.

(B) OTHER CHAPTERS.—

(i) Chapter 861 is redesignated as chapter 939.

(ii) Chapters 867, 869, 871, 873, and 875 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 74.

(4) PART I CHAPTER NUMBERS.—Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 100.

(e) Subtitle D tables of sections and tables of chapters.—

(1) TABLES OF SECTIONS.—The tables of sections at the beginning of the chapters of such subtitle are revised so as to conform the section references in those tables to the redesignations made by subsections (a), (b), and (c).

(2) TABLES OF CHAPTERS.—The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE C OF TITLE 10, UNITED STATES CODE—NAVY AND MARINE CORPS.

(a) Subtitle C, part I, section numbers.—

(1) IN GENERAL.—Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

(2) CHAPTER 513.—For sections in chapter 513, each section is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940.

(b) Subtitle C, part II, section numbers.—The sections in part II of such subtitle are redesignated as follows:

(1) CHAPTER 533.—Sections 5441, 5450, and 5451 are redesignated as sections 8101, 8102, and 8103, respectively.

(2) CHAPTER 535.—Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively.

(3) CHAPTER 537.—Section 5540 is redesignated as section 8120.

(4) CHAPTER 539.—Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively.

(5) CHAPTER 544.—Section 5721 is redesignated as section 8151.

(6) CHAPTER 551.—Each section in chapter 551 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220.

(7) CHAPTER 553.—Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively.

(8) CHAPTER 555.—The sections in chapter 555 are redesignated as follows:


SectionRedesignated Section
60118211
60128212
60138213
60148214
60198215
60218216
60228217
60248218
60278219
60298220
60318221
60328222
60358225
60368226

(9) CHAPTER 557.—Each section in chapter 557 is redesigna