Why Should I Vote On BetterDistricts?

Polling is a powerful tool to help our elected officials determine how they should vote.

Standard polling methods don't give you the control that you deserve. With BetterDistricts you can show your representative exactly how strongly a bill is supported in your community.

Send a clear signal on how you want your government to work.

 

S. 2987 - John S. McCain National Defense Authorization Act for Fiscal Year 2019

Introduced:
Bill Status: Placed on Senate Legislative Calendar under General Orders. Calendar No. 439.
 
Summary Not Available

Full Text

Calendar No. 439

115th CONGRESS
2d Session
S. 2987

[Report No. 115–262]


    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.


IN THE SENATE OF THE UNITED STATES

June 5, 2018

    Mr. Inhofe, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar


A BILL

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

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

SECTION 1. Short title.

(a) In general.—This Act may be cited as the “John S. McCain National Defense Authorization Act for Fiscal Year 2019”.

(b) References.—Any reference in this or any other Act to the “National Defense Authorization Act for Fiscal Year 2019” shall be deemed to be a reference to the “John S. McCain National Defense Authorization Act for Fiscal Year 2019”.

SEC. 2. Organization of Act into divisions; table of contents.

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

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

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

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army programs

Sec. 111. Deployment by the Army of an interim cruise missile defense capability.

Subtitle C—Navy programs

Sec. 121. Multiyear procurement authority for F/A–18E/F Super Hornet and EA–18G aircraft program.
Sec. 122. Multiyear procurement authority for E–2D Advanced Hawkeye (AHE) aircraft program.
Sec. 123. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.
Sec. 124. Prohibition on availability of funds for Navy port waterborne security barriers.
Sec. 125. Multiyear procurement authority for Standard Missile-6.
Sec. 126. Limitation on availability of funds for the Littoral Combat Ship.
Sec. 127. Nuclear refueling of aircraft carriers.
Sec. 128. Limitation on funding for Amphibious Assault Vehicle Product Improvement Program.

Subtitle D—Air Force programs

Sec. 141. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.
Sec. 142. B–52H aircraft system modernization report.
Sec. 143. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program and review of program acceleration opportunities.

Subtitle E—Defense-wide, joint, and multiservice matters

Sec. 151. Multiyear procurement authority for C–130J aircraft program.
Sec. 152. Quarterly updates on the F–35 Joint Strike Fighter program.
Sec. 153. Authority to procure additional polar-class icebreakers.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program requirements, restrictions, and limitations

Sec. 211. Codification and reauthorization of Defense Research and Development Rapid Innovation Program.
Sec. 212. Procedures for rapid reaction to emerging technology.
Sec. 213. Activities on identification and development of enhanced personal protective equipment against blast injury.
Sec. 214. Human factors modeling and simulation activities.
Sec. 215. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions.
Sec. 216. Advanced manufacturing activities.
Sec. 217. National security innovation activities.
Sec. 218. Partnership intermediaries for promotion of defense research and education.
Sec. 219. Limitation on use of funds for Surface Navy Laser Weapon System.
Sec. 220. Expansion of coordination requirement for support for national security innovation and entrepreneurial education.
Sec. 221. Limitation on funding for Amphibious Combat Vehicle 1.2.
Sec. 222. Defense quantum information science and technology research and development program.
Sec. 223. Joint directed energy test activities.
Sec. 224. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.
Sec. 225. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities.
Sec. 226. Joint artificial intelligence research, development, and transition activities.

Subtitle C—Reports and other matters

Sec. 231. Report on comparative capabilities of adversaries in key technology areas.
Sec. 232. Report on active protection systems for armored combat and tactical vehicles.
Sec. 233. Next Generation Combat Vehicle.
Sec. 234. Report on the future of the defense research and engineering enterprise.
Sec. 235. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions.
Sec. 236. Report on Mobile Protected Firepower and Future Vertical Lift.
Sec. 237. Improvement of the Air Force supply chain.
Sec. 238. Review of guidance on blast exposure during training.
Sec. 239. List of technologies and manufacturing capabilities critical to Armed Forces.
Sec. 240. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems.
Sec. 241. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement.
Sec. 242. Independent assessment of electronic warfare plans and programs.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and environment

Sec. 311. Further improvements to energy security and resilience.
Sec. 312. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 313. Military Mission Sustainment Siting Clearinghouse.
Sec. 314. Operational energy policy.
Sec. 315. Funding treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid at State-owned and operated National Guard installations.

Subtitle C—Reports

Sec. 321. Reports on readiness.
Sec. 322. Report on cold weather capabilities and readiness of United States Armed Forces.

Subtitle D—Other matters

Sec. 331. Pilot programs on integration of military information support and civil affairs activities.
Sec. 332. Reporting on future years budgeting by subactivity group.
Sec. 333. Restriction on upgrades to aviation demonstration team aircraft.
Sec. 334. U.S. Special Operations Command civilian personnel.
Sec. 335. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems.
Sec. 336. Repurposing and reuse of surplus Army firearms.
Sec. 337. Limitation on availability of funds for establishment of additional specialized undergraduate pilot training facility.
Sec. 338. Scope of authority for restoration of land due to mishap.
Sec. 339. Redesignation of the Utah Test and Training Range (UTTR).

Subtitle E—Logistics and Sustainment

Sec. 351. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization (FSRM) structure and mechanism.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. End strengths for commissioned officers on active duty in certain grades.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Limitation on use of funds for personnel in fiscal year 2019 in excess of statutorily specified end strengths for fiscal year 2018.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

PART I—OFFICER PERSONNEL MANAGEMENT REFORM

Sec. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty.
Sec. 502. Annual defense manpower requirements report matters.
Sec. 503. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer.
Sec. 504. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer.
Sec. 505. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills.
Sec. 506. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list.
Sec. 507. Authority for officers to opt out of promotion board consideration.
Sec. 508. Competitive category matters.
Sec. 509. Promotion zone matters.
Sec. 510. Alternative promotion authority for officers in designated competitive categories of officers.
Sec. 511. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

PART II—OTHER MATTERS

Sec. 516. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service.
Sec. 517. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer.
Sec. 518. Repeal of original appointment qualification requirement for warrant officers in the regular Army.
Sec. 519. Uniform grade of service of the Chiefs of Chaplains of the Armed Forces.
Sec. 520. Written justification for appointment of Chiefs of Chaplains in grade below grade of major general or rear admiral.

Subtitle B—Reserve Component Management

Sec. 521. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion.
Sec. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion.
Sec. 523. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau.
Sec. 524. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty.

Subtitle C—General Service Authorities

Sec. 531. Assessment of Navy standard workweek and related adjustments.
Sec. 532. Manning of Forward Deployed Naval Forces.
Sec. 533. Navy watchstander records.
Sec. 534. Qualification experience requirements for certain Navy watchstations.
Sec. 535. Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces.
Sec. 536. Treatment of claims relating to military sexual trauma in correction of military records and review of discharge or dismissal proceedings.

Subtitle D—Military Justice Matters

Sec. 541. Punitive article on domestic violence under the Uniform Code of Military Justice.
Sec. 542. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice.
Sec. 543. Authorities of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.
Sec. 544. Protective orders against individuals subject to the Uniform Code of Military Justice.
Sec. 545. Expansion of eligibility for Special Victims' Counsel services.
Sec. 546. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review.
Sec. 547. Expansion of policies on expedited transfer of members of the Armed Forces who are victims of sexual assault.
Sec. 548. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces.
Sec. 549. Inclusion of information on certain collateral conduct of victims of sexual assault in annual reports on sexual assault involving members of the Armed Forces.

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

Sec. 551. Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations.
Sec. 552. Consecutive service of active service obligations for medical training with other service obligations for education or training.
Sec. 553. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve.
Sec. 554. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.
Sec. 555. Repeal of program on encouragement of postseparation public and community service.
Sec. 556. Expansion of authority to assist members in obtaining professional credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

PART I—DEFENSE DEPENDENTS' EDUCATION MATTERS

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools.

PART II—MILITARY FAMILY READINESS MATTERS

Sec. 566. Improvement of authority to conduct family support programs for immediate family members of the Armed Forces assigned to special operations forces.
Sec. 567. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.
Sec. 568. Expansion of authority for noncompetitive appointments of military spouses by Federal agencies.
Sec. 569. Improvement of My Career Advancement Account program for military spouses.
Sec. 570. Access to military installations for certain surviving spouses and other next of kin of members of the Armed Forces who die while on active duty or certain reserve duty.
Sec. 571. Department of Defense Military Family Readiness Council matters.
Sec. 572. Multidisciplinary teams for military installations on child abuse and other domestic violence.
Sec. 573. Provisional or interim clearances to provide childcare services at military childcare centers.
Sec. 574. Pilot program on prevention of child abuse and training on safe childcare practices among military families.
Sec. 575. Pilot program on participation of military spouses in Transition Assistance Program activities.
Sec. 576. Small business activities of military spouses on military installations in the United States.

Subtitle G—Decorations and Awards

Sec. 581. Authorization for award of the Distinguished Service Cross for Justin T. Gallegos for acts of valor during Operation Enduring Freedom.
Sec. 582. Award of medals or other commendations to handlers of military working dogs.

Subtitle H—Other Matters

Sec. 591. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of military service.
Sec. 592. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies.
Sec. 593. Redesignation of the Commandant of the United States Air Force Institute of Technology as the President of the United States Air Force Institute of Technology.
Sec. 594. Limitation on justifications entered by military recruiters for enlistment or accession of individuals into the Armed Forces.
Sec. 595. National Commission on Military, National, and Public Service matters.
Sec. 596. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 597. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2019 increase in military basic pay.
Sec. 602. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions.
Sec. 603. Department of Defense proposal for a pay table for members of the Armed Forces using steps in grade based on time in grade rather than time in service.
Sec. 604. Financial support for lessors under the Military Housing Privatization Initiative during 2019.
Sec. 605. Modification of authority of President to determine alternative pay adjustment in annual basic pay of members of the uniformed services.
Sec. 606. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations.
Sec. 607. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard.
Sec. 608. Temporary adjustment in rate of basic allowance for housing following identification of significant underdetermination of civilian housing costs for housing areas.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

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

Sec. 621. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments.

Subtitle D—Other Matters

Sec. 631. Rates of per diem for long-term temporary duty assignments.
Sec. 632. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Consolidation of cost-sharing requirements under TRICARE Select and TRICARE Prime.
Sec. 702. Administration of TRICARE dental plans through the Federal Employees Dental Insurance Program.
Sec. 703. Contraception coverage parity under the TRICARE program.
Sec. 704. Pilot program on opioid management in the military health system.
Sec. 705. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.

Subtitle B—Health Care Administration

Sec. 711. Improvement of administration of Defense Health Agency and military medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to support medical requirements of the combatant commands.
Sec. 713. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 714. Sharing of information with State prescription drug monitoring programs.
Sec. 715. Improvement of reimbursement by Department of Defense of entities carrying out State vaccination programs in connection with vaccines provided to covered beneficiaries under the TRICARE Program.

Subtitle C—Reports and Other Matters

Sec. 721. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 722. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine.
Sec. 723. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces.
Sec. 724. Pilot program on earning by special operations forces medics of credits towards a physician assistant degree.
Sec. 725. Pilot program on partnerships with civilian organizations for specialized medical training.
Sec. 726. Registry of individuals exposed to per- and polyfluoroalkyl substances on military installations.
Sec. 727. Inclusion of gambling disorder in health assessments for members of the Armed Forces and related research efforts.
Sec. 728. Comptroller General review of Defense Health Agency oversight of TRICARE managed care support contractors.

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

Subtitle A—Acquisition policy and management

Sec. 801. Permanent Supply Chain Risk Management Authority.
Sec. 802. Commercially available market research.
Sec. 803. Comptroller General assessment of acquisition programs and related initiatives.

Subtitle B—Amendments to general contracting authorities, procedures, and limitations

Sec. 811. Department of Defense contracting dispute matters.
Sec. 812. Continuation of technical data rights during challenges.
Sec. 813. Increased micro-purchase threshold.
Sec. 814. Modification of limitations on single source task or delivery order contracts.
Sec. 815. Preliminary cost analysis requirement for exercise of multiyear contract authority.
Sec. 816. Inclusion of best available information regarding past performance of subcontractors and joint venture partners.
Sec. 817. Modification of criteria for waivers of requirement for certified cost and price data.
Sec. 818. Subcontracting price and approved purchasing systems.
Sec. 819. Comptroller General of the United States report on progress payment financing of Department of Defense contracts.
Sec. 820. Authorization to limit foreign access to technology through contracts.
Sec. 821. Briefing requirement on services contracts.
Sec. 822. Sense of Congress on awarding of contracts to responsible companies that primarily employ American workers and do not actively transfer American jobs to potential adversaries.

Subtitle C—Provisions relating to major defense acquisition programs

Sec. 831. Program cost, fielding, and performance goals in planning major acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Pilot program to accelerate major weapons system programs.

Subtitle D—Provisions relating to acquisition workforce

Sec. 841. Permanent authority for demonstration projects relating to acquisition personnel management policies and procedures.
Sec. 842. Establishment of integrated review team on defense acquisition industry-government exchange.
Sec. 843. Exchange program for acquisition workforce employees.

Subtitle E—Provisions relating to commercial items

Sec. 851. Report on commercial item procurement reform.

Subtitle F—Industrial base matters

Sec. 861. National technology and industrial base application process.
Sec. 862. Report on defense electronics industrial base.
Sec. 863. Support for defense manufacturing communities to support the defense industrial base.

Subtitle G—Other transactions

Sec. 871. Change to notification requirement for other transactions.
Sec. 872. Data and policy on the use of other transactions.

Subtitle H—Development and acquisition of software intensive and digital products and services

Sec. 881. Clarifications regarding proprietary and technical data.
Sec. 882. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems.
Sec. 883. Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018.
Sec. 884. Enabling and other activities of the Cloud Executive Steering Group.

Subtitle I—Other matters

Sec. 891. Prohibition on certain telecommunications services or equipment.
Sec. 892. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.
Sec. 893. Permanent SBIR and STTR authority for the Department of Defense.
Sec. 894. Procurement of telecommunications supplies for experimental purposes.
Sec. 895. Access by developmental and operational testing activities to data regarding modeling and simulation activity.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Powers and duties of the Under Secretary of Defense for Research and Engineering in connection with priority emerging technologies.
Sec. 902. Redesignation and modification of responsibilities of Under Secretary of Defense for Personnel and Readiness.
Sec. 903. Modification of responsibilities of the Under Secretary of Defense for Policy.
Sec. 904. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics.
Sec. 905. Assistant Secretary of Defense for Strategy, Plans, Assessments, Readiness, and Capabilities.
Sec. 906. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense.
Sec. 907. Specification of certain duties of the Defense Technical Information Center.
Sec. 908. Limitation on termination of, and transfer of functions, responsibilities, and activities of, the Strategic Capabilities Office.
Sec. 909. Technical corrections to Department of Defense Test Resource Management Center authority.

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

Sec. 921. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development.
Sec. 922. Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict review of United States Special Operations Command.
Sec. 923. Qualifications for appointment as Deputy Chief Management Officer of a military department.
Sec. 924. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition.
Sec. 925. Cross-functional teams in the Department of Defense.
Sec. 926. Deadline for completion of full implementation of requirements in connection with organization of the Department of Defense for management of special operations forces and special operations.

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

Sec. 931. Limitation on availability of funds for major headquarters activities of the Department of Defense.
Sec. 932. Responsibility for policy on civilian casualty matters.
Sec. 933. Additional matters in connection with background and security investigations for Department of Defense personnel.
Sec. 934. Program of expedited security clearances for mission-critical positions.
Sec. 935. Information sharing program for positions of trust.
Sec. 936. Report on clearance in person concept.
Sec. 937. Strategic Defense Fellows Program.

Subtitle D—Other Matters

Sec. 941. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies.
Sec. 942. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Inclusion of funds for Air Force pass-through items in Defense-wide budget for the Department of Defense.
Sec. 1003. Report on shift in requests for funds for Department of Defense activities from funds for overseas contingency operations to funds through the base budget.
Sec. 1004. Ranking of auditability of financial statements of the organizations and elements of the Department of Defense.
Sec. 1005. Transparency of accounting firms used to support Department of Defense audit.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures.
Sec. 1012. Annual reports on examination of Navy vessels.
Sec. 1013. Limitation on duration of homeporting of certain vessels in foreign locations.
Sec. 1014. Specific authorization requirement for nuclear refueling of aircraft carriers.
Sec. 1015. Dismantlement and disposal of nuclear-powered aircraft carriers.
Sec. 1016. National Defense Sealift Fund.
Sec. 1017. Limitation on use of funds for retirement of hospital ships.

Subtitle C—Counterterrorism

Sec. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1024. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1025. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.

Subtitle D—Miscellaneous Authorities and Limitations

Sec. 1031. Strategic guidance documents within the Department of Defense.
Sec. 1032. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations.
Sec. 1033. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform.
Sec. 1034. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.
Sec. 1035. Relinquishment of legislative jurisdiction of criminal offenses committed by juveniles on military installations.
Sec. 1036. Policy on response to juvenile-on-juvenile abuse committed on military installations.

Subtitle E—Studies and Reports

Sec. 1041. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces.
Sec. 1042. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers.
Sec. 1043. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy.
Sec. 1044. Military aviation readiness review in support of the National Defense Strategy.
Sec. 1045. Report on capabilities and capacities of Armored Brigade Combat Teams.
Sec. 1046. Improvement of annual report on civilian casualties in connection with United States military operations.
Sec. 1047. Report on Department of Defense participation in Export Administration Regulations license application review process.
Sec. 1048. Automatic sunset for future statutory reporting requirements.
Sec. 1049. Repeal of certain Department of Defense reporting requirements that otherwise terminate as of December 31, 2021.
Sec. 1050. Report on potential improvements to certain military educational institutions of the Department of Defense.
Sec. 1051. Recruiting costs of the Armed Forces.

Subtitle F—Other Matters

Sec. 1061. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1062. Improvement of database on emergency response capabilities.
Sec. 1063. Acceptance and distribution by Department of Defense of assistance from certain nonprofit entities in support of missions of deployed United States personnel around the world.
Sec. 1064. United States policy with respect to freedom of navigation and overflight.
Sec. 1065. Prohibition of funds for Chinese language instruction provided by a Confucius Institute.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Subtitle A—Department of Defense Matters

Sec. 1101. Inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense.
Sec. 1102. Direct hire authority for science and technology reinvention laboratories and Major Range and Test Facilities Base facilities for recent science, technology, engineering, and mathematics graduates of minority-serving institutions.
Sec. 1103. Inclusion of Strategic Capabilities Office and Defense Innovation Unit Experimental of the Department of Defense in personnel management authority to attract experts in science and engineering.
Sec. 1104. Enhancement of flexible management authorities for Science and Technology Reinvention Laboratories of the Department of Defense.
Sec. 1105. Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts.
Sec. 1106. Authority to employ civilian faculty members at the Joint Special Operations University.

Subtitle B—Government-Wide Matters

Sec. 1121. Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels.
Sec. 1122. Expedited hiring authority for college graduates and post secondary students.
Sec. 1123. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees.
Sec. 1124. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1125. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and training

Sec. 1201. Clarification of authority for use of advisors and trainers for training of personnel of foreign ministries with security missions under defense institution capacity building authorities.
Sec. 1202. Modification to Department of Defense State Partnership Program.
Sec. 1203. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare.
Sec. 1204. Extension and modification of authority to support border security operations of certain foreign countries.
Sec. 1205. Legal and policy review of advise, assist, and accompany missions.
Sec. 1206. Technical corrections relating to defense security cooperation statutory reorganization.
Sec. 1207. Naval Small Craft Instruction and Technical Training School.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Afghanistan Security Forces Fund.
Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1213. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.
Sec. 1214. Modification of reporting requirements for special immigrant visas for Afghan allies program.

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

Sec. 1221. Extension of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance to the vetted Syrian opposition.
Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Syria Study Group.
Sec. 1225. Modification of annual report on military power of Iran.

Subtitle D—Matters relating to Europe and the Russian Federation

Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.
Sec. 1232. Limitation on availability of funds relating to sovereignty of the Russian Federation over Crimea.
Sec. 1233. Extension of Ukraine Security Assistance Initiative.
Sec. 1234. Sense of Senate on relocation of Joint Intelligence Analysis Complex.
Sec. 1235. Sense of Senate on enhancing deterrence against Russian aggression in Europe.
Sec. 1236. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements.
Sec. 1237. Report on security cooperation between the Russian Federation and Cuba, Nicaragua, and Venezuela.
Sec. 1238. Sense of Senate on countering Russian malign influence.

Subtitle E—Matters relating to the Indo-Pacific region

Sec. 1241. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative.
Sec. 1242. Modification of annual report on military and security developments involving the People's Republic of China.
Sec. 1243. Sense of Senate on Taiwan.
Sec. 1244. Redesignation and modification of sense of Congress and initiative for the Indo-Asia-Pacific region.
Sec. 1245. Prohibition on participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) naval exercises.
Sec. 1246. Assessment of and report on geopolitical conditions in the Indo-Pacific region.
Sec. 1247. Sense of Senate on United States-India defense relationship.
Sec. 1248. Sense of Senate on strategic importance of maintaining commitments under Compacts of Free Association.
Sec. 1249. Sense of Senate on United States military forces on the Korean Peninsula.

Subtitle F—Reports

Sec. 1251. Report on military and coercive activities of the People's Republic of China in South China Sea.
Sec. 1252. Report on terrorist use of human shields.
Sec. 1253. Report on Arctic strategies.
Sec. 1254. Report on permanent stationing of a United States Army brigade combat team in the Republic of Poland.
Sec. 1255. Reports on nuclear capabilities of the Democratic People's Republic of Korea.
Sec. 1256. Report on United States military training opportunities with allies and partners in the Indo-Pacific region.

Subtitle G—Other matters

Sec. 1261. Modification of authorities relating to acquisition and cross-servicing agreements.
Sec. 1262. Extension of authority for transfer of amounts for Global Engagement Center.
Sec. 1263. Sense of Senate on purchase by Turkey of S–400 air defense system.
Sec. 1264. Department of Defense support for stabilization activities in national security interest of the United States.
Sec. 1265. Enhancement of U.S.-Israel defense cooperation.
Sec. 1266. Certifications regarding actions by Saudi Arabia in Yemen.
Sec. 1267. Sense of Senate on support for G5 Sahel Joint Force countries.
Sec. 1268. Sense of Congress on broadening and expanding strategic partnerships and allies.
Sec. 1269. Removal of Turkey from the F–35 program.
Sec. 1270. Increase in minimum amount of obligations from the Special Defense Acquisition Fund for precision guided munitions.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act.

Subtitle C—Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1422. Expansion of eligibility for residence at the Armed Forces Retirement Home.
Sec. 1423. Oversight of health care provided to residents of the Armed Forces Retirement Home.
Sec. 1424. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home.
Sec. 1425. Relief for residents of the Armed Forces Retirement Home impacted by increase in fees.
Sec. 1426. Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home.

Subtitle D—Other Matters

Sec. 1431. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1432. Economical and efficient operation of working capital fund activities.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorizations of appropriations

Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.

Subtitle B—Financial matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

Subtitle C—Other matters

Sec. 1531. Joint Improvised-Threat Defeat Organization.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space activities

Sec. 1601. Modifications to Space Rapid Capabilities Office.
Sec. 1602. Space warfighting policy and review of space capabilities.
Sec. 1603. Report on enhancements to the Global Positioning System Operational Control Segment.
Sec. 1604. Streamline of commercial space launch operations.
Sec. 1605. Reusable launch vehicles.
Sec. 1606. Review of and report on activities of International Space Station.

Subtitle B—Defense intelligence and intelligence-related activities

Sec. 1611. Framework on governance, mission management, resourcing, and effective oversight of Department of Defense combat support agencies that are also elements of the intelligence community.

Subtitle C—Cyberspace-related matters

PART I—CYBERSPACE GENERALLY

Sec. 1621. Policy of the United States on cyberspace, cybersecurity, cyber warfare, and cyber deterrence.
Sec. 1622. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace.
Sec. 1623. Active defense and surveillance against Russian Federation attacks in cyberspace.
Sec. 1624. Reorganization and consolidation of certain cyber provisions.
Sec. 1625. Designation of official for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense.
Sec. 1626. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.
Sec. 1627. Modification of acquisition authority of the Commander of the United States Cyber Command.
Sec. 1628. Email and Internet website security and authentication.
Sec. 1629. Matters pertaining to the Sharkseer cybersecurity program.
Sec. 1630. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure.
Sec. 1631. Security product integration framework.
Sec. 1632. Report on enhancement of software security for critical systems.
Sec. 1633. Comply to connect and cybersecurity scorecard.
Sec. 1634. Cyberspace Solarium Commission.
Sec. 1635. Program to establish cyber institutes at institutions of higher learning.
Sec. 1636. Establishment of Cybersecurity for Defense Industrial Base Manufacturing Activity.

PART II—MITIGATION OF RISKS POSED BY PROVIDERS OF INFORMATION TECHNOLOGY WITH OBLIGATIONS TO FOREIGN GOVERNMENTS

Sec. 1637. Definitions.
Sec. 1638. Identification of countries of concern regarding cybersecurity.
Sec. 1639. Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign governments.
Sec. 1640. Establishment of registry of disclosures.

Subtitle D—Nuclear Forces

Sec. 1641. Oversight and management of the command, control, and communications system for the national leadership of the United States.
Sec. 1642. Modification to requirement for conventional long-range standoff weapon.
Sec. 1643. Exchange program for nuclear weapons program employees.
Sec. 1644. Procurement authority for certain parts of intercontinental ballistic missile fuzes.
Sec. 1645. Plan to train officers in nuclear command, control, and communications.
Sec. 1646. Plan for alignment of acquisition of warhead life extension programs and delivery vehicles for such warheads.
Sec. 1647. Extension of annual report on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.
Sec. 1648. Prohibition on use of funds for activities to modify United States aircraft to implement Open Skies Treaty.
Sec. 1649. Sense of Senate on Nuclear Posture Review.

Subtitle E—Missile defense programs

Sec. 1651. Extension of prohibition relating to missile defense information and systems.
Sec. 1652. Multiyear procurement authority for Standard Missile–3 IB guided missiles.
Sec. 1653. Extension of requirement for reports on unfunded priorities of Missile Defense Agency.
Sec. 1654. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.
Sec. 1655. Metrics for evaluating effectiveness of integrated Ballistic Missile Defense System against operationally realistic ballistic missile attacks.
Sec. 1656. Modification of requirement relating to transition of ballistic missile defense programs to military departments.
Sec. 1657. Sense of the Senate on acceleration of missile defense capabilities.
Sec. 1658. Integrated air and missile defense for evolving theater missile threats.
Sec. 1659. Acceleration of hypersonic missile defense program.
Sec. 1660. Sense of the Senate on allied partnerships for missile defense.
Sec. 1660A. Sense of the Senate on results of tests carried out by Missile Defense Agency.
Sec. 1660B. Sense of the Senate on discrimination for missile defense.
Sec. 1660C. Development and deployment of persistent space-based sensor architecture.
Sec. 1660D. Modification of requirement to develop a space-based ballistic missile intercept layer.

Subtitle F—Other matters

Sec. 1661. Assessment of electronic warfare capabilities of Russia and China.
Sec. 1662. Budget exhibit on support provided to entities outside Department of Defense.
Sec. 1663. Development of Electromagnetic Battle Management capability for joint electromagnetic operations.

TITLE XVII—COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

Sec. 1701. Short title.
Sec. 1702. Sense of Congress.
Sec. 1703. Definitions.
Sec. 1704. Acceptance of written notices.
Sec. 1705. Inclusion of partnership and side agreements in notice.
Sec. 1706. Declarations for certain covered transactions.
Sec. 1707. Stipulations regarding transactions.
Sec. 1708. Authority for unilateral initiation of reviews.
Sec. 1709. Timing for reviews and investigations.
Sec. 1710. Monitoring of non-notified and non-declared transactions.
Sec. 1711. Submission of certifications to Congress.
Sec. 1712. Analysis by Director of National Intelligence.
Sec. 1713. Information sharing.
Sec. 1714. Action by the President.
Sec. 1715. Judicial review.
Sec. 1716. Membership and staff of Committee.
Sec. 1717. Actions by the Committee to address national security risks.
Sec. 1718. Modification of annual report and other reporting requirements.
Sec. 1719. Certification of notices and information.
Sec. 1720. Implementation plans.
Sec. 1721. Assessment of need for additional resources for Committee.
Sec. 1722. Funding.
Sec. 1723. Centralization of certain Committee functions.
Sec. 1724. Conforming amendments.
Sec. 1725. Requirements to identify and control the export of emerging and foundational technologies.
Sec. 1726. Export control enforcement authority.
Sec. 1727. Prohibition on modification of civil penalties under export control and sanctions laws.
Sec. 1728. Under Secretary of Commerce for Industry and Security.
Sec. 1729. Limitation on cancellation of designation of Secretary of the Air Force as Department of Defense Executive Agent for a certain Defense Production Act program.
Sec. 1730. Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities.
Sec. 1731. Briefing on information from transactions reviewed by Committee on Foreign Investment in the United States relating to foreign efforts to influence democratic institutions and processes.
Sec. 1732. Effective date.
Sec. 1733. Severability.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Effective date.

TITLE XXI—ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects.
Sec. 2105. Extension of authorizations of certain fiscal year 2016 project.

TITLE XXII—NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017.
Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project.
Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project.
Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects.

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized defense agencies construction and land acquisition projects.
Sec. 2402. Energy Resilience and Conservation Investment Program.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects.
Sec. 2405. Authorization of certain fiscal year 2018 project.

TITLE XXV—INTERNATIONAL PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host country in-kind contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Subtitle A—Project authorizations and authorization of appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project.
Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project.
Sec. 2613. Additional authority to carry out certain fiscal year 2019 project.

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL PROVISIONS

Subtitle A—Military Construction Program and military family housing changes

Sec. 2801. Additional authority to obtain architectural and engineering services and construction design for defense laboratory modernization pilot program.
Sec. 2802. Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment.
Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2804. Unspecified minor military construction projects related to revitalization and recapitalization of Defense Industrial Base Facilities.
Sec. 2805. Congressional oversight of projects carried out pursuant to laws other than Military Construction Authorization Acts.

Subtitle B—Project management and oversight reforms

Sec. 2811. Updates and modifications to Department of Defense Form 1391, Unified Facilities Criteria, and military installation master plans.
Sec. 2812. Work in Process Curve charts and outlay tables for military construction projects.

Subtitle C—Land Conveyances

Sec. 2821. Land exchange, Air Force Plant 44, Tucson, Arizona.
Sec. 2822. Land conveyance, Eglin Air Force Base, Florida.

Subtitle D—Other matters

Sec. 2831. Commemoration of Freedman's Village.
Sec. 2832. Strategic plan to improve capabilities of Department of Defense training ranges and installations.
Sec. 2833. Native American Indian lands environmental mitigation program.
Sec. 2834. Defense community infrastructure pilot program.
Sec. 2835. Representation of installation interests in negotiations and proceedings with carriers and other public utilities.
Sec. 2836. White Sands Missile Range land enhancements.
Sec. 2837. Authority to transfer funds for construction of Indian River Bridge.

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2905. Authorization of appropriations.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Clarification of roles and authorities of National Nuclear Security Administration.
Sec. 3112. National Nuclear Security Administration Personnel System.
Sec. 3113. Amendments to the Atomic Energy Act of 1954.
Sec. 3114. Extension of enhanced procurement authority to manage supply chain risk.
Sec. 3115. Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories.
Sec. 3116. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.
Sec. 3117. Modification of limitation on development of low-yield nuclear weapons.
Sec. 3118. Prohibition on use of funds for terminating activities at MOX facility.

Subtitle C—Plans and Reports

Sec. 3121. Modifications to cost-benefit analyses for competition of management and operating contracts.
Sec. 3122. Review of defense environmental cleanup activities.
Sec. 3123. Survey of workforce of national security laboratories and nuclear weapons production facilities.
Sec. 3124. Elimination of certain reports.
Sec. 3125. Implementation of Nuclear Posture Review by National Nuclear Security Administration.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Maritime Administration.
Sec. 3502. Permanent authority of Secretary of Transportation to issue vessel war risk insurance.


DIVISION D—FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

TITLE XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.

TITLE XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

TITLE XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

TITLE XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

SEC. 3. Congressional defense committees.

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

SEC. 4. Budgetary effects of this Act.

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

DIVISION 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 4101.

subtitle BArmy programs

SEC. 111. Deployment by the Army of an interim cruise missile defense capability.

(a) Certification of need.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the congressional defense committees whether deployment of an interim, fixed site cruise missile defense capability is necessary.

(b) Deployment required.—The Army shall deploy an interim, fixed site cruise missile defense capability, in anticipation of delivery to the Army of the Indirect Fire Protection Capability (IFPC), by the deadlines as follows:

(1) Two batteries by not later than September 30, 2020.

(2) Two additional batteries by not later than September 30, 2023.

(c) Locations of deployment.—In deploying the interim capability pursuant to subsection (b), the Secretary of Defense shall afford a priority in locations for deployment to air bases and significant fixed site locations in Europe and Asia for the purpose of the protection of such bases and locations against potential cruise missile threats.

(d) Achievement of deployment deadlines.—In order to meet the deadlines for deployment specified in subsection (b), the Army—

(1) shall deploy systems that require the least amount of development; and

(2) may use a combination of—

(A) procurement of non-developmental air and missile defense systems currently in production to ensure rapid delivery of capability;

(B) use of existing systems, components, and capabilities already in the Joint Force inventory, including rockets and missiles as available;

(C) operational information technology for communication, detection, and fire control that is certified to work with existing joint information technology systems to ensure interoperability;

(D) engagement and collaboration with science and technology, engineering, testing, and acquisition organization and activities in the Department of Defense, including the Defense Innovation United Experimental, the Director of Operational Test and Evaluation, the Defense Digital Service, the Strategic Capabilities Office, and the Rapid Capabilities offices, to accelerate the development, testing, and deployment of existing systems; and

(E) institutional and operational basing to facilitate rapid training and fielding.

(e) Funding.—Of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for the Army for procurement as specified in the funding table in section 4101, up to $500,000,000 may be available for the deployment of the interim capability required by subsection (b).

subtitle CNavy programs

SEC. 121. Multiyear procurement authority for F/A–18E/F Super Hornet and EA–18G aircraft program.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of F/A–18E/F Super Hornet and potential EA–18G aircraft. Notwithstanding subsection (k) of such section 2306b, the Secretary of Defense may enter into a multiyear contract under this section for up to three years.

(b) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the F/A–18E/F Super Hornet and potential EA–18G aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c) Cost analysis requirement.—The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

(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.

SEC. 122. Multiyear procurement authority for E–2D Advanced Hawkeye (AHE) aircraft program.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of E–2D Advanced Hawkeye (AHE) aircraft. Notwithstanding subsection (k) of such section 2306b, the Secretary of Defense may enter into a multiyear contract under this section for up to five years.

(b) Authority for advance procurement and economic order quantity.—The Secretary may enter into one or more contracts for advance procurement associated with the E–2D AHE (including economic order quantity) for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c) Cost analysis requirement.—The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

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

SEC. 123. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Section 124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended by section 127 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “or fiscal year 2018” and inserting “, fiscal year 2018, or fiscal year 2019”.

SEC. 124. Prohibition on availability of funds for Navy port waterborne security barriers.

(a) Prohibition.—Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be used for the procurement of new Navy port waterborne security barriers.

(b) Waiver.—The Secretary of the Navy may waive the prohibition under subsection (a) not less than 30 days after submitting to the congressional defense committees—

(1) a Navy requirements document that specifies Key Performance Parameters and Key System Attributes for new Navy port waterborne security barriers;

(2) a certification that the level of capability specified under paragraph (1) will meet or exceed that of legacy Navy port waterborne security barriers;

(3) the acquisition strategy for the recapitalization of legacy Navy port waterborne security barriers, which will meet or exceed the requirements specified under paragraph (1); and

(4) a certification that any contract award or awards for new Navy port waterborne security barriers will result from full and open competition to the maximum extent practicable.

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 guided missiles.

(b) Authority for advance procurement and economic order quantity.—The Secretary may enter into one or more contracts for advance procurement associated with the missiles (including economic order quantity) for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c) Cost analysis requirement.—The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

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

SEC. 126. Limitation on availability of funds for the Littoral Combat Ship.

(a) Limitation.—None of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be used to exceed the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy unless the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described in subsection (b).

(b) Certification.—The certification described in this subsection is a certification by the Under Secretary that awarding a contract for the procurement of a Littoral Combat Ship that exceeds the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy—

(1) is in the national security interests of the United States;

(2) will not result in exceeding the low-rate initial production quantity approved in the Littoral Combat Ship acquisition strategy in effect as of the date of the certification; and

(3) is necessary to maintain a full and open competition for the Guided Missile Frigate (FFG(X)) with a single source award in fiscal year 2020.

(c) Definition.—The term “revision five of the Littoral Combat Ship acquisition strategy” means the fifth revision of the Littoral Combat Ship acquisition strategy approved by the Under Secretary of Defense for Acquisition and Sustainment on March 26, 2018.

SEC. 127. Nuclear refueling of aircraft carriers.

(a) Authorization To procure nuclear refueling materials.—Pursuant to section 7314a of title 10, United States Code, as added by section 1014 of this Act, the Secretary of the Navy may procure naval nuclear reactor power units and associated reactor components for the following aircraft carriers:

(1) U.S.S. John C. Stennis (CVN–74).

(2) U.S.S. Harry S. Truman (CVN–75).

(3) U.S.S. Ronald Reagan (CVN–76).

(4) U.S.S. George H.W. Bush (CVN–77).

(b) Condition for out-year payments.—Any 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 availability of appropriations for that purpose for that later fiscal year.

SEC. 128. Limitation on funding for Amphibious Assault Vehicle Product Improvement Program.

Not more than 75 percent of the funds authorized by this Act or otherwise made available for the Marine Corps for fiscal year 2019 for the Amphibious Assault Vehicle Product Improvement Program (AAV PIP) may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees—

(1) the report required under subsection (b) of section 1041; or

(2) the information required under paragraph (5) of such subsection.

subtitle DAir Force programs

SEC. 141. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.

(a) Prohibition on availability of funds for retirement.—Except as provided by subsection (d), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft.

(b) Additional limitation on retirement.—

(1) IN GENERAL.—In addition to the prohibition in subsection (a), the Secretary of the Air Force may not retire, or prepare to retire, any E–8C aircraft until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described under paragraph (2).

(2) REQUIRED CERTIFICATION.—The certification referred to in paragraph (1) is a certification submitted by the Under Secretary of Defense for Acquisition and Sustainment to the congressional defense committees that the Department of Defense’s plan for 21st Century Battle Management Command and Control, as briefed to the congressional defense committees in March 2018, is progressing according to the schedule presented in March 2018.

(c) Exception.—The prohibitions in subsections (a) and (b) shall not apply to individual E–8 Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be nonoperational because of mishaps, other damage, or being uneconomical to repair.

SEC. 142. B–52H aircraft system modernization report.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long term modernization of the B–52H aircraft, including an estimated timeline and requirements as an integrated aircraft system of—

(1) electronic warfare and defensive systems;

(2) communications including secure jam resistant capability;

(3) radar replacement;

(4) engine replacement;

(5) future weapons and targeting capability; and

(6) mission planning systems.

SEC. 143. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program and review of program acceleration opportunities.

(a) Repeal.—Section 131 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed.

(b) Periodic reports required.—

(1) IN GENERAL.—Not later than December 30, 2018, June 30, 2019, and December 30, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a series of updated program status reports for the EC–130H Compass Call Recapitalization Program.

(2) ELEMENTS.—The reports required under paragraph (1) shall include—

(A) a program status update describing progress in meeting current and future acquisition milestones;

(B) a description of opportunities to accelerate the program in fiscal years 2020 and 2021;

(C) a description of long-lead items or other block buy components that could reduce cost and lead to acceleration of the program;

(D) funding requirements to carry out program acceleration in order to replace the legacy EC–130H fleet as rapidly as possible; and

(E) a description of how the EC–130H Compass Call Recapitalization Program—

(i) meets the requirements of combatant commanders; and

(ii) is more operationally effective and survivable than the existing EC–130H Compass Call aircraft platform.

subtitle EDefense-wide, joint, and multiservice matters

SEC. 151. Multiyear procurement authority for C–130J aircraft program.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of C–130J aircraft and, acting as the executive agent for the Department of the Navy, for the procurement of C–130J aircraft.

(b) Authority for advance procurement and economic order quantity.—The Secretary of the Air Force may enter into one or more contracts for advance procurement associated with the C–130J aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

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

(d) Treatment of fiscal year 2018 aircraft.—The multiyear contract authority under subsection (a) includes C–130J aircraft for which funds were appropriated for fiscal year 2018.

SEC. 152. Quarterly updates on the F–35 Joint Strike Fighter program.

(a) In general.—Beginning not later than October 1, 2018, and on a quarterly basis thereafter through October 1, 2024, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the congressional defense committees a briefing on the progress of the F–35 Joint Strike Fighter program.

(b) Elements.—Each briefing under subsection (a) shall include, with respect to the F–35 Joint Strike Fighter program, the following elements:

(1) An overview of the program schedule.

(2) A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

(3) An assessment of the status of the program with respect to—

(A) modernization;

(B) modification;

(C) testing;

(D) delivery;

(E) sustainment; and

(F) program management.

SEC. 153. Authority to procure additional polar-class icebreakers.

Section 122 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in the section heading, by striking “Icebreaker vessel” and inserting “Authorization to procure up to six polar-class icebreakers”;

(2) by striking subsections (a) and (b);

(3) by inserting before subsection (c) the following new subsection:

“(a) Authority To procure icebreakers.—The Secretary of the department in which the Coast Guard is operating may, in consultation with the Secretary of the Navy, enter into a contract or contracts for the procurement of up to six polar-class icebreakers, including—

“(1) polar-class heavy icebreakers; and

“(2) polar-class medium icebreakers.”;

(4) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

(5) in paragraph (1) of subsection (b), as redesignated by paragraph (4) of this section, by striking “subsection (a)(1)” and inserting “subsection (a)”.

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 4201.

subtitle BProgram requirements, restrictions, and limitations

SEC. 211. Codification and reauthorization of Defense Research and Development Rapid Innovation Program.

(a) Codification.—

(1) IN GENERAL.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2359 the following new section:

§ 2359a. Defense Research and Development Rapid Innovation Program

“(a) Program established.—(1) The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies).

“(2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.

“(b) Guidelines.—The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:

“(1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a).

“(2) The review of candidate proposals by the Department of Defense and by each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.

“(3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary's designee, approves a larger amount of funding for the project.

“(4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary's designee, approves funding for any additional year.

“(5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.

“(6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.

“(c) Treatment pursuant to certain congressional rules.—Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.

“(d) Funding.—Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a).

“(e) Transfer authority.—(1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program.

“(2) The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2359 the following new item:

“2359a. Defense Research and Development Rapid Innovation Program.”.

(b) Conforming amendments.—

(1) REPEAL OF OLD PROVISION.—Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby repealed.

(2) REPEAL OF OLD TABLE OF CONTENTS ITEM.—The table of contents in section 2(b) of such Act is amended by striking the item relating to section 1073.

SEC. 212. Procedures for rapid reaction to emerging technology.

(a) Requirement to establish procedures.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall prescribe procedures for the designation and development of technologies that are—

(1) urgently needed—

(A) to react to a technological development of an adversary of the United States; or

(B) to respond to a significant and urgent emerging technology; and

(2) not receiving appropriate research funding or attention from the Department of Defense.

(b) Elements.—The procedures prescribed under subsection (a) shall include the following:

(1) A process for streamlined communications between the the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—

(A) a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and

(B) a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff.

(2) Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including—

(A) a process for demonstrating performance of the proposed technologies on a short timeline;

(B) a process for developing a development strategy for a technology, including integration into future budget years; and

(C) a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B).

SEC. 213. Activities on identification and development of enhanced personal protective equipment against blast injury.

(a) Activities required.—

(1) IN GENERAL.—During fiscal years 2019 and 2020, the Secretary of the Army shall carry out a set of activities to identify and develop personal equipment to provide enhanced protection against injuries caused by blasts in combat and training.

(2) ACTION WITH DOTE.—The Secretary shall undertake all actions required of the Secretary under this section jointly with the Director of Operational Test and Evaluation.

(b) Activities.—

(1) CONTINUOUS EVALUATION PROCESS.—For purposes of the activities required by subsection (a), the Secretary shall establish a process to continuously solicit from government, industry, academia, and other appropriate entities personal protective equipment that is ready for testing and evaluation in order to identify and evaluate equipment or clothing that is more effective in protecting members of the Armed Forces from the harmful effects of blast injuries, including traumatic brain injuries, and would be suitable for expedited procurement and fielding.

(2) GOALS.—The goals of the activities shall include:

(A) Development of streamlined requirements for procurement of personal protective equipment.

(B) Appropriate testing of personal protective equipment prior to procurement and fielding.

(C) Development of expedited mechanisms for deployment of effective personal protective equipment.

(D) Identification of areas of research in which increased investment has the potential to improve the quality of personal protective equipment and the capability of the industrial base to produce such equipment.

(E) Such other goals as the Secretary considers appropriate.

(3) PARTNERSHIPS FOR CERTAIN ASSESSMENTS.—As part of the activities, the Secretary shall establish research partnerships with appropriate academic institutions for purposes of assessing the following:

(A) The ability of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.

(B) The value of real-time data analytics to track the effectiveness of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.

(C) The availability of commercial-off the-shelf personal protective technology to protect against traumatic brain injury resulting from blasts.

(D) The extent to which the equipment determined through the assessment to be most effective to protect against common blast injuries is readily modifiable for different body types and to provide lightweight material options to enhance maneuverability.

(c) Authorities.—In carrying out activities under subsection (a), the Secretary may use any authority as follows:

(1) Experimental procurement authority under section 2373 of title 10, United States Code.

(2) Other transactions authority under section 2371 and 2371b of title 10, United States Code.

(3) Authority to award technology prizes under section 2374a of title 10, United States Code.

(4) Authority under the Defense Acquisition Challenge Program under section 2359b of title 10, United States Code.

(5) Any other authority on acquisition, technology transfer, and personnel management that the Secretary considers appropriate.

(d) Certain treatment of activities.—Any activities under this section shall be deemed to have been through the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.

(e) On-going assessment following activities.—After the completion of activities under subsection (a), the Secretary shall, on an on-going basis, do the following:

(1) Evaluate the extent to which personal protective equipment identified through the activities would—

(A) enhance survivability of personnel from blasts in combat and training; and

(B) enhance prevention of brain damage, and reduction of any resultant chronic brain dysfunction, from blasts in combat and training.

(2) In the case of personal protective equipment so identified that would provide enhancements as described in paragraph (1), estimate the costs that would be incurred to procure such enhanced personal protective equipment, and develop a schedule for the procurement of such equipment.

(3) Estimate the potential health care cost savings that would occur from expanded use of personal protective equipment described in paragraph (2).

(f) Reports.—

(1) INITIAL REPORT.—Not later than December 1, 2019, the Secretary shall submit to the Committee on Armed Services of the Senate and the House of Representatives a report on the activities under subsection (a) as of the date of the report.

(2) FINAL REPORT.—Not later than December 1, 2020, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the activities under this section, including the following:

(A) The results of the evaluation under subsection (e)(1).

(B) The estimate of costs and schedules under subsection (e)(2).

(g) Funding.—Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201, up to $10,000,000 may be available to carry out this section.

SEC. 214. Human factors modeling and simulation activities.

(a) Activities required.—The Secretary of the Army shall develop and provide for the carrying out of human factors modeling and simulation activities designed to do the following:

(1) Provide warfighters and civilians with personalized assessment, education, and training tools.

(2) Identify and implement effective ways to interface and team warfighters with machines.

(3) Result in the use of intelligent, adaptive augmentation to enhance decision making.

(4) Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and performance.

(b) Purpose.—The overall purpose of the activities shall be to accelerate research and development that enhances capabilities for human performance, human-systems integration, and training for the warfighter.

(c) Participants in activities.—Participants in the activities may include the following:

(1) Elements of the Department of Defense engaged in science and technology activities.

(2) Program Executive Offices of the Department.

(3) Academia.

(4) The private sector.

(5) Such other participants as the Secretary considers appropriate.

(d) Execution.—The Secretary shall carry out this section through the Army Futures Command, the Army Research Institute, or such other component of the Department of the Army as the Secretary considers appropriate.

SEC. 215. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions.

Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—

(1) by redesignating paragraph (23) as paragraph (27); and

(2) by inserting after paragraph (22) the following new paragraphs:

“(23) Space.

“(24) Infrastructure resilience.

“(25) Photonics.

“(26) Autonomy.”.

SEC. 216. Advanced manufacturing activities.

(a) Designation.—The Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering shall jointly, in coordination with Secretaries of the military departments, establish not less than three activities to demonstrate advanced manufacturing techniques and capabilities at depot-level activities or military arsenal facilities of the military departments.

(b) Purposes.—The activities established pursuant to subsection (a) shall—

(1) support efforts to implement advanced manufacturing techniques and capabilities;

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

(3) identify and implement appropriate information security protections to ensure security of advanced manufacturing;

(4) aid in the procurement of advanced manufacturing equipment and support services; and

(5) enhance partnerships between the defense industrial base and Department of Defense laboratories, academic institutions, and industry.

(c) Cooperative agreements and partnerships.—

(1) IN GENERAL.—The Under Secretaries may enter into a cooperative agreement and use public-private and public-public partnerships to facilitate development of advanced manufacturing techniques in support of the defense industrial base.

(2) REQUIREMENTS.—A cooperative agreement entered into under paragraph (1) and a partnership used under such paragraph shall facilitate—

(A) development and implementation of advanced manufacturing techniques and capabilities;

(B) appropriate sharing of information in the adaptation of advanced manufacturing, including technical data rights; and

(C) implementation of appropriate information security protections into advanced manufacturing tools and techniques.

(d) Authorities.—In carrying out this section, the Under Secretaries may use the following authorities:

(1) Section 2196 of title 10, United States Code, relating to the Manufacturing Engineering Education Program.

(2) Section 2368 of such title, relating to centers for science, technology, and engineering partnership.

(3) Section 2374a of such title, relating to prizes for advanced technology achievements.

(4) Section 2474 of such title, relating to centers of industrial and technical excellence.

(5) Section 2521 of such title, relating to the Manufacturing Technology Program.

(6) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

(7) Such other authorities as the Under Secretaries considers appropriate.

SEC. 217. National security innovation activities.

(a) Establishment.—The Under Secretary of Defense for Research and Engineering shall establish activities to develop interaction between the Department of Defense and the commercial technology industry and academia with regard to emerging hardware products and technologies with national security applications.

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

(1) Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.

(2) Funding research and technology development in critical hardware-based defense sectors, specifically microelectromechanical systems, processing components, micromachinery, and materials science that private industry has not supported sufficiently to meet rapidly emerging national security needs.

(3) Developing and executing policies and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.

(4) Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.

(c) Transfer of personnel and resources.—

(1) IN GENERAL.—Subject to paragraph (2), the Under Secretary may transfer such personnel, resources, and authorities as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department.

(2) CERTIFICATION.—The Under Secretary may only make a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), independent of further government funding beyond this authorization.

(d) Establishment of nonprofit entity.—The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a).

(e) Plan.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a detailed plan to carry out this section.

(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:

(A) A description of the additional authorities needed to carry out the activities set forth in subsection (b).

(B) Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.

(C) Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.

(f) Authorities.—In carrying out this section, the Under Secretary may use the following authorities:

(1) Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), relating to a pilot program on strengthening manufacturing in the defense industrial base.

(2) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.

(3) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.

(4) Section 2374a of such title, relating to prizes for advanced technology achievements.

(5) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.

(6) Section 2521 of such title, relating to the Manufacturing Technology Program.

(7) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.

(8) Chapter 47 of such title, relating to personnel research programs and demonstration projects.

(9) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

(10) Such other authorities as the Under Secretary considers appropriate.

(g) Funding.—Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201 and subject to the availability of appropriations, up to $150,000,000 may be available to carry out this section.

SEC. 218. Partnership intermediaries for promotion of defense research and education.

Section 2368 of title 10, United States Code, is amended—

(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2) by inserting after subsection (e) the following new subsection (f):

“(f) Use of partnership intermediaries to promote defense research and education.—(1) Subject to the approval of the Secretary or the head of the another department or agency of the Federal Government concerned, the Director of a Center may enter into a contract, memorandum of understanding or other transition with a partnership intermediary that provides for the partnership intermediary to perform services for the Department of Defense that increase the likelihood of success in the conduct of cooperative or joint activities of the Center with industry or academic institutions.

“(2) In this subsection, the term ‘partnership intermediary’ means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center.”.

SEC. 219. Limitation on use of funds for Surface Navy Laser Weapon System.

(a) Limitation.—None of the funds authorized to be appropriated or otherwise made available by this Act may be used to exceed a procurement quantity of one Surface Navy Laser Weapon System, also known as the High Energy Laser and Integrated Optical-dazzler with Surveillance (HELIOS), per fiscal year, unless the Secretary of the Navy submits to the congressional defense committees a report on such system with the elements set forth in subsection (b).

(b) Elements.—The elements set forth in this subsection are, with respect to the system described in subsection (a), the following:

(1) A document setting forth the requirements for the system, including desired performance characteristics.

(2) An acquisition plan that includes the following:

(A) A program schedule to accomplish design completion, technology maturation, risk reduction, and other activities, including dates of key design reviews (such as Preliminary Design Review and Critical Design Review) and program initiation decision (such as Milestone B) if applicable.

(B) A contracting strategy, including requests for proposals, the extent to which contracts will be competitively awarded, option years, option quantities, option prices, and ceiling prices.

(C) The fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.

(D) A justification for the fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.

(3) A test plan and schedule sufficient to achieve operational effectiveness and operational suitability determinations (such as Early Operational Capability and Initial Operational Capability) related to the requirements set forth in paragraph (1).

(4) Associated funding and item quantities, disaggregated by fiscal year and appropriation, requested in the Fiscal Year 2019 Future Years Defense Program.

(5) An estimate of the acquisition costs, including the total costs for procurement, research, development, test, and evaluation.

SEC. 220. Expansion of coordination requirement for support for national security innovation and entrepreneurial education.

Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by adding at the end the following new paragraph:

“(16) The National Security Technology Accelerator.”.

SEC. 221. Limitation on funding for Amphibious Combat Vehicle 1.2.

None of the funds authorized by this Act or otherwise made available for the Marine Corps for fiscal year 2019 for the development of Amphibious Combat Vehicle 1.2 may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees—

(1) the report required under subsection (b) of section 1041; or

(2) the information required under paragraph (5) of such subsection.

SEC. 222. Defense quantum information science and technology research and development program.

(a) Establishment.—The Secretary of Defense shall carry out a quantum information science and technology research and development program.

(b) Purposes.—The purposes of the program required by subsection (a) are as follows:

(1) To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements.

(2) To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector entities that are involved in quantum information science and technology research and development.

(3) To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines.

(4) To accelerate the transition and deployment of technologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts.

(5) To collect, synthesize, and disseminate critical information on quantum information science and technology research and development.

(6) To establish and support appropriate research, innovation, and industrial base, including facilities and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology.

(c) Administration.—In carrying out the program required by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall—

(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—

(A) optimization of analysis of national security data sets;

(B) design of new materials and molecular functions;

(C) secure communications and cryptography;

(D) quantum sensing and metrology;

(E) development of mathematics to support defense missions related to quantum-based encryption techniques; and

(F) processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems;

(2) develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department’s increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum sciences;

(3) not later than 180 days after the date of the enactment of this Act, develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum science and information considered sensitive to the leadership of the United States in the field of quantum computing; and

(4) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals.

(d) Report.—Not later than December 31, 2020, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the program, in both classified and unclassified format.

SEC. 223. Joint directed energy test activities.

(a) Test activities.—The Under Secretary of Defense for Research and Engineering shall develop, establish, and coordinate directed energy testing activities adequate to ensure the achievement by the Department of Defense of goals of the Department for developing and deploying directed energy systems to match national security needs.

(b) Elements.—The activity established under subsection (a) shall include the following:

(1) The High Energy Laser System Test Facility of the Army Test and Evaluation Command.

(2) Such other test resources and activities as the Under Secretary may designate for purposes of this section.

(c) Designation.—The test activities established under subsection (a) shall be considered part of the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code).

(d) Direction and control.—The conduct of testing activities under subsection (a) shall be subject to authority, direction, and control of the Under Secretary in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department pursuant to section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note).

(e) Prioritization of effort.—In developing and coordinating testing activities pursuant to subsection (a), the Under Secretary shall prioritize efforts consistent with the following:

(1) Paragraphs (2) through (5) of section 219(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note).

(2) Enabling the standardized collection and evaluation of testing data to establish testing references and benchmarks.

(3) Concentrating sufficient personnel expertise of directed energy weapon systems in order to validate the effectiveness of new weapon systems against a variety of targets.

(4) Consolidating modern state-of-the-art testing infrastructure including telemetry, sensors, and optics to support advanced technology testing and evaluation.

(5) Formulating a joint lethality or vulnerability information repository that can be accessed by any of the military departments of Defense Agencies, similar to a Joint Munitions Effectiveness Manuals (JMEMs).

(6) Reducing duplication of directed energy weapon testing.

(7) Ensuring that an adequate workforce and adequate testing facilities are maintained to support missions of the Department of Defense.

SEC. 224. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

(a) In general.—Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “may” and inserting “shall”.

(b) Extension.—Subsection (f) of such section is amended by striking “September 30, 2020” and inserting “September 30, 2022”.

SEC. 225. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities.

Section 219(b)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by inserting “, including high-powered microwaves,” after “energy systems and technologies”.

SEC. 226. Joint artificial intelligence research, development, and transition activities.

(a) Establishment.—

(1) IN GENERAL.—The Secretary of Defense shall establish a set of activities within the Department of Defense to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use.

(2) EMPHASIS.—The set of activities established under paragraph (1) shall apply artificial intelligence and machine learning solutions to operational problems and coordinate activities involving artificial intelligence and artificial intelligence enabled capabilities within the Department.

(b) Designation.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense with principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Department.

(c) Duties.—The duties of the official designated under subsection (b) shall include the following:

(1) STRATEGIC PLAN.—Developing a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use. Such plan shall include the following:

(A) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities.

(B) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed both inside the Department and in other organizations for military missions.

(2) ACCELERATION OF DEVELOPMENT AND FIELDING OF ARTIFICIAL INTELLIGENCE.—To the degree practicable, the designated official shall—

(A) use the flexibility of regulations, personnel, or other relevant policies of the Department to accelerate the development and fielding of artificial intelligence capabilities;

(B) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions;

(C) provide technical advice and support to entities in the Department of Defense and the military departments to optimize the use of artificial intelligence and machine learning technologies to meet Department missions;

(D) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Department and technical feasibility;

(E) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence;

(F) ensure that the Department has appropriate workforce and capabilities at laboratories, test ranges, and within the organic defense industrial base to support the artificial intelligence capabilities and requirements of the Department;

(G) develop classification guidance for all artificial intelligence related activities of the Department;

(H) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Department governing the development and use of artificial intelligence enabled systems and technologies in operational situations; and

(I) ensure—

(i) that artificial intelligence programs of each military department and of the Defense Agencies are consistent with the priorities identified under this section; and

(ii) appropriate coordination of artificial intelligence activities of the Department with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards setting bodies.

(d) Access to information.—The Secretary of Defense shall ensure that the official designated under subsection (b) has access to such information on programs and activities of the military departments and other Defense Agencies as the Secretary considers appropriate to carry out the coordination described in subsection (b) and the duties set forth in subsection (c).

(e) Study on artificial intelligence topics.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the official designated under subsection (b) shall—

(A) complete a study on the future of artificial intelligence in the context of the missions of the Department; and

(B) submit to the congressional defense committees a report on the findings of the designated official with respect to the study completed under subparagraph (A).

(2) CONSULTATION WITH EXPERTS.—In conducting the study required by paragraph (1)(A), the designated official shall consult with experts within the Department, other Federal agencies, academia, and the commercial sector, as the Secretary considers appropriate.

(3) ELEMENTS.—The study required by paragraph (1)(A) shall include the following:

(A) A comprehensive and national-level review of advances in artificial intelligence and machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces.

(B) Near-term actionable recommendations to the Secretary, including ways to more effectively organize the Department for artificial intelligence and most effectively leverage academic and commercial progress in these technologies.

(C) Recommendations for engagement by the Department with relevant agencies that will be involved with artificial intelligence in the future.

subtitle CReports and other matters

SEC. 231. Report on comparative capabilities of adversaries in key technology areas.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth a direct comparison between the capabilities of the United States in emerging technology areas (such as hypersonics, artificial intelligence, quantum information science, and directed energy weapons) and the capabilities of adversaries of the United States in such areas.

(b) Elements.—The report required by subsection (a) shall include, for each technology covered by such report, the following:

(1) An evaluation of spending by the United States and adversaries on such technology.

(2) An evaluation of the quantity and quality of research on such technology.

(3) An evaluation of the test infrastructure and workforce supporting such technology.

(4) An assessment of the technological progress of the United States and adversaries on such technology.

(5) Descriptions of timelines for operational deployment of such technology.

(6) An assessment of the intent or willingness of adversaries to use such technology.

(c) Coordination.—The Director shall prepare the report in coordination with other appropriate officials of the intelligence community and with such other partners in the technology areas covered by the report as the Director considers appropriate.

SEC. 232. Report on active protection systems for armored combat and tactical vehicles.

(a) Report required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on technologies related to active protection systems (APS) for armored combat and tactical vehicles.

(b) Contents.—The report required by subsection (a) shall include the following:

(1) With respect to the active protection systems that the Army has recently tested on the M1A2 Abrams, the M2A3 Bradley, and the STRYKER, the following:

(A) An assessment of the effectiveness of such systems.

(B) Plans of the Secretary to further test such systems.

(C) Proposals for future development of such systems.

(D) A timeline for fielding such systems.

(2) Plans for how the Army will incorporate active protection systems into new armored combat and tactical vehicle designs, such as Mobile Protection Firepower (MPF), Armored Multi-Purpose Vehicle (AMPV), and Next Generation Combat Vehicle (NGCV).

SEC. 233. Next Generation Combat Vehicle.

(a) Prototype.—The Secretary of the Army shall take appropriate actions to ensure that the Tank Automotive, Research, Development, and Engineering Center (TARDEC) of the Army is provided the resources, including funds and acquisition authorities, necessary to build a prototype for the Next Generation Combat Vehicle (NGCV).

(b) Report.—

(1) IN GENERAL.—Not later than 60 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 development of the Next Generation Combat Vehicle.

(2) ANALYSIS.—

(A) IN GENERAL.—The report required by paragraph (1) shall include a thorough analysis of the requirements of the Next Generation Combat Vehicle.

(B) RELEVANCE TO NATIONAL DEFENSE STRATEGY.—In carrying out subparagraph (A), the Secretary shall ensure that the requirements are relevant to the most recently published National Defense Strategy.

(C) THREATS AND TERRAIN.—The Secretary shall ensure that the analysis includes consideration of threats and terrain.

(D) COMPONENT TECHNOLOGIES.—The Secretary shall ensure that the analysis includes consideration of the latest enabling component technologies that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment.

(c) Limitation.—Of the funds authorized to be appropriated for fiscal year 2019 by section 201 and available for research, development, testing, and evaluation, Army, for the Next Generation Combat Vehicle, not more than 50 percent may be obligated or expended until the Secretary submits the report required by subsection (b).

SEC. 234. Report on the future of the defense research and engineering enterprise.

(a) Report required.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth recommendations on the future of the defense research and engineering enterprise, including such recommendations for legislative or administrative action as the Under Secretary considers appropriate in light of the anticipated future of the defense research and engineering enterprise.

(b) Focus.—The recommendations under subsection (a) shall focus on enabling the success of the defense research and engineering enterprise in the current environment of strategic competition.

(c) Defense research and engineering enterprise.—For purposes of subsection (a), the defense research and engineering enterprise shall consist of the following:

(1) The science and technology elements of the military departments.

(2) The Department of Defense laboratories

(3) The test ranges and facilities of the Department.

(4) The Defense Advanced Research Projects Agency (DARPA).

(5) The Defense Innovation Unit Experimental (DIU(x)).

(6) The Strategic Capabilities Office of the Department.

(7) The Small Business Innovation Research Program of the Department.

(8) Such other elements, offices, programs, and activities of the Department as the Under Secretary considers appropriate for purposes of the this section.

(d) Particular recommendations.—The recommendations under subsection (a) shall include recommendations on the following:

(1) Portfolio management and coordination of research and development activities across the military departments and the defense research and engineering enterprise, including management and activities across the enterprise.

(2) Workforce management, recruitment, retention, and shaping.

(3) Facilities and research and test infrastructure.

(4) Relationships with academia, the acquisition community, the operational community, and the commercial sector.

(5) Governance.

(e) Comparisons.—For purposes of making recommendations under subsection (a), the Under Secretary shall conduct a comparison of the defense research and engineering enterprise of the United States, namely processes, test infrastructure, and workforce, with the defense research and engineering enterprises of other countries and the private sector.

(f) Consultation and comments.—In making recommendations under subsection (a), the Under Secretary shall consult with and seek comments from groups and entities relevant to the recommendations, such as the military departments, the combatant commands, the Defense Innovation Board, the Defense Science Board, the Defense Business Board, the federally funded research and development centers (FFRDCs), and commercial partners of the Department of Defense (including small business concerns).

SEC. 235. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions.

Subsection (c) of section 2363 of title 10, United States Code, is amended to read as follows:

“(c) Release and dissemination of information on contributions from use of authority to military missions.—

“(1) COLLECTION OF INFORMATION.—The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section.

“(2) RELEASE OF INFORMATION.—The Secretary shall establish and maintain mechanisms as follows:

“(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form.

“(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.”.

SEC. 236. Report on Mobile Protected Firepower and Future Vertical Lift.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the requirements of the Army for Mobile Protected Firepower (MPF) and Future Vertical Lift (FVL).

(b) Contents.—The report submitted pursuant to subsection (a) shall include the following:

(1) An explanation of how Mobile Protected Firepower and Future Vertical Lift could survive against the effects of anti-armor and anti-aircraft networks established within anti-access, area-denial defenses.

(2) An explanation of how Mobile Protected Firepower and Future Vertical Lift would improve offensive overmatch against a peer adversary.

(3) Details regarding the total number of Mobile Protected Firepower and Future Vertical Lift systems needed by the Army.

(4) An explanation of how these systems will be logistically supported within light formations.

(5) Plans to integrate active protection systems into the designs of such systems.

SEC. 237. Improvement of the Air Force supply chain.

(a) In general.—The Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics may use funds described in subsection (b) as follows:

(1) For nontraditional technologies and sustainment practices (such as additive manufacturing, artificial intelligence, predictive maintenance, nad other software-intensive and software-defined capabilities) to—

(A) increase the availability of aircraft to the Air Force; and

(B) decrease backlogs and lead times for the production of parts for such aircraft.

(2) To advance the qualification, certification, and integration of additive manufacturing into the Air Force supply chain.

(3) To otherwise identify and reduce supply chain risk for the Air Force.

(4) To define workforce development requirements and training for personnel who implement and support additive manufacturing for the Air Force at the warfighter, end-item designer and equipment operator, and acquisition officer levels.

(b) Funding.—Of the amounts authorized to be appropriated for fiscal year 2019 by section 201 for research, development, test, and evaluation for the Air Force and available for Tech Transition Program (Program Element (0604858F)), up to $42,800,000 may be available as described in subsection (a).

SEC. 238. Review of guidance on blast exposure during training.

(a) Initial review.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the firing limits for heavy weapons during training exercises.

(b) Elements.—The review required by subsection (a) shall take into account current data and evidence on the cognitive effects of blast exposure and shall include consideration of the following:

(1) The impact of exposure over multiple successive days of training.

(2) The impact of multiple types of heavy weapons being fired in close succession.

(3) The feasibility of cumulative annual or lifetime exposure limits.

(4) The minimum safe distance for observers and instructors.

(c) Updated training guidance.—Not later than 180 days after the date of the completion of the review under subsection (a), each Secretary of a military department shall update any relevant training guidance to account for the conclusions of the review.

(d) Updated review.—

(1) IN GENERAL.—Not less frequently than once every two years after the initial review conducted under subsection (a), the Secretary of Defense shall conduct an updated review under such subsection, including consideration of the matters set forth under subsection (b), and update training guidance under subsection (c).

(2) CONSIDERATION OF NEW RESEARCH AND EVIDENCE.—Each updated review conducted under paragraph (1) shall take into account new research and evidence that has emerged since the previous review.

(e) Briefing required.—The Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on a summary of the results of the initial review under subsection (a), each updated review conducted under subsection (d), and any updates to training guidance and procedures resulting from any such review or updated review.

SEC. 239. List of technologies and manufacturing capabilities critical to Armed Forces.

(a) List required.—The Secretary of Defense shall develop a list of technologies and manufacturing capabilities critical to the Armed Forces.

(b) Primary emphasis.—In developing such list, primary emphasis shall be given to—

(1) research, development, design, and manufacturing expertise;

(2) research, development, design, and manufacturing equipment and unique facilities;

(3) goods and services associated with or enabled by research, development, operation, application, manufacturing, or maintenance expertise, which are not possessed by countries to which exports are controlled and which, if exported or otherwise transferred, would permit a significant advance in the military capabilities of any such country; and

(4) emerging technology areas supportive of military requirements and strategies.

(c) Specificity.—The shall ensure that the list required by subsection (a) is sufficiently specific to guide the recommendations of the Secretary in any interagency determinations on exercising export licensing, technology transfer, or foreign investment.

(d) Publication.—

(1) IN GENERAL.—Not later than December 31, 2019, the Secretary shall publish the list required by subsection (a) and continuously update such list thereafter as the Secretary considers appropriate.

(2) FORM.—The list published under paragraph (1) shall be published in unclassified form, but may include a classified annex.

SEC. 240. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems.

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of requiring access to digital technical data in all future acquisitions by the Department of Defense of combat, combat service, and combat support systems, including front-end negotiations for such access. Such report shall include a digital data standard for technical data for use by equipment manufacturers and the Department with regard to three-dimensional printed parts.

SEC. 241. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement.

(a) Plan required.—The Secretary of the Army shall develop a strategy to competitively procure a new transmission for the Bradley Fighting Vehicle family of vehicles.

(b) Additional strategy requirements.—The plan required by subsection (a) shall include the following:

(1) An analysis of the potential cost savings and performance improvements associated with developing or procuring a new transmission common to the Bradley Fighting Vehicle family of vehicles, including the Armored Multipurpose Vehicle and the Paladin Integrated Management artillery system.

(2) A plan to use full and open competition to the maximum extent practicable.

(c) Timeline.—Not later than February 15, 2019, the Secretary of the Army shall submit to the congressional defense committees the strategy developed under subsection (a).

(d) Limitation.—None of the funds authorized to be appropriated for fiscal year 2019 by this Act for Weapons and Tracked Combat Vehicles, Army, may be obligated or expended to procure a Bradley Fighting Vehicle replacement transmission until the date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees the plan required by subsection (a).

SEC. 242. Independent assessment of electronic warfare plans and programs.

(a) Agreement.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the private scientific advisory group known as “JASON” to perform the services covered by this section.

(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 120 days after the date of the enactment of this Act.

(b) Independent assessment.—Under an agreement between the Secretary and JASON under this section, JASON shall—

(1) assess the strategies, programs, order of battle, and doctrine of the United States related to the electronic warfare mission area and electromagnetic spectrum operations;

(2) assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the same;

(3) develop recommendations for improvements to the strategies, programs, and doctrine of the United States in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and

(4) develop recommendations for the Secretary, Congress, and such other Federal entities as JASON considers appropriate, including recommendations for—

(A) closing technical, policy, or resource gaps;

(B) improving cooperation and appropriate integration among Federal entities;

(C) improving cooperation between the United States and other countries and international organizations; and

(D) such other important matters identified by JASON that are directly relevant to the strategies of the United States described in paragraph (3).

(c) Liaisons.—The Secretary shall appoint appropriate liaisons to JASON to support the timely conduct of the services covered by this section.

(d) Materials.—The Secretary shall provide access to JASON to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information.

(e) Clearances.—The Secretary shall ensure that appropriate members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the services covered by this section.

(f) Report.—Not later than October 1, 2019, the Secretary shall submit to the congressional defense committees a report on—

(1) the findings of JASON with respect to the assessments carried out under subsection (b); and

(2) the recommendations developed by JASON pursuant to such subsection.

(g) Alternate contract scientific organization.—

(1) IN GENERAL.—If the Secretary is unable within the period prescribed in paragraph (2) of subsection (a) to enter into an agreement described in paragraph (1) of such subsection with JASON on terms acceptable to the Secretary, the Secretary shall seek to enter into such agreement with another appropriate scientific organization that—

(A) is not part of the Government; and

(B) has expertise and objectivity comparable to that of JASON.

(2) TREATMENT.—If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to JASON shall be treated as a reference to the other organization.

TITLE IIIOperation and Maintenance

subtitle AAuthorization of appropriations

SEC. 301. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

subtitle BEnergy and environment

SEC. 311. Further improvements to energy security and resilience.

(a) Energy policy authority.—Section 2911(b) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; and

(2) by inserting before paragraph (3), as so redesignated, the following new paragraphs:

“(1) establish metrics and standards for the assessment of energy resilience;

“(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;”.

(b) Reporting on energy security and resilience goals.—Section 2911(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the installation energy report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience.”.

(c) Reporting on installations energy management, energy resilience, and mission assurance.—Section 2925(a) of title 10, United States Code, is amended—

(1) by inserting “, including progress on energy resilience at military installations according to metrics developed by the Secretary” after “under section 2911 of this title”;

(2) in paragraph (3), by striking “the mission requirements associated with disruption tolerances based on risk to mission” and inserting “the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances”;

(3) in paragraph (4), by inserting “(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)” after “energy requirements and critical energy requirements”;

(4) by redesignating paragraph (5) as paragraph (7); and

(5) by inserting after paragraph (4) the following new paragraphs:

“(5) A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including critical energy loads in megawatts), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used.

“(6) A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.”.

(d) Inclusion of energy security and resilience as priorities in contracts for energy or fuel for military installations.—Section 2922a(d) of title 10, United States Code, is amended to read as follows:

“(d) The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.”.

(e) Conveyance authority for utility systems.—Section 2688 of title 10, United States Code, is amended—

(1) in subsection (a), by striking “Secretary of a military department” and inserting “Secretary of Defense, or the Secretary of a military department designated by the Secretary,”;

(2) in subsection (d)(2), by adding at the end the following: “The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3).”; and

(3) in subsection (g)(3)—

(A) by striking “Secretary concerned may require” and inserting “Secretary of Defense, in consultation with the Secretaries of the military departments, shall require”; and

(B) by striking “consistent with energy resilience requirements and metrics” and inserting “consistent with energy resilience and cybersecurity requirements and associated metrics”.

(f) Modification of energy resilience definition.—Section 101(e)(6) of title 10, United States Code, is amended by striking “task critical assets and other”.

(g) Authority To accept energy performance financial incentives from State and local governments.—Section 2913(c) of title 10, United States Code, is amended by inserting “a State or local government” after “generally available from”.

(h) Treatment of energy demand response financial incentives.—Paragraph (2) of section 2919(b) of title 10, United States Code, is amended to read as follows:

“(2) credited to an appropriation designated by the Secretary of Defense, submitted in the annual President’s budget request, merged with the appropriation to which credited, and available for energy security or energy resilience projects.”.

(i) Use of energy cost savings To implement energy resilience and energy conservation construction projects.—Section 2912(b)(1) of title 10, United States Code, is amended by inserting “, including energy resilience and energy conservation construction projects,” after “energy security measures”.

(j) Additional basis for preservation of property in the vicinity of military installations in agreements with non-Federal entities on use of such property.—Section 2684a(a)(2)(B) of title 10, United States Code, is amended—

(1) by striking “(B)” and inserting “(B)(i)”; and

(2) by adding at the end of the following new clause:

“(ii) maintains or improves military installation resilience; or”.

SEC. 312. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.

Paragraph (2) of section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended to read as follows:

“(2) FUNDING.—

“(A) SOURCE OF FUNDS.—The study and assessment performed pursuant to this section may be paid for using funds authorized to be appropriated to the Department of Defense under the heading ‘Operation and Maintenance, Defense-Wide’.

“(B) TRANSFER AUTHORITY.—(i) Of the amounts authorized to be appropriated for the Department of Defense for fiscal year 2018, not more than $10,000,000 shall be transferred by the Secretary of Defense, without regard to section 2215 of title 10, United States Code, to the Secretary of Health and Human Services to pay for the study and assessment required by this section.

“(ii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $10,000,000 a year during fiscal years 2019 and 2020 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.

“(C) EXPENDITURE AUTHORITY.—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study and assessment under this section through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department for the purposes of carrying out this section.

“(D) RELATIONSHIP TO OTHER TRANSFER AUTHORITIES.—The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Department of Defense.”.

SEC. 313. Military Mission Sustainment Siting Clearinghouse.

(a) Change in name of clearinghouse.—Section 183a of title 10, United States Code, is amended—

(1) in the section heading, by striking “Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions” and inserting “Military Mission Sustainment Siting Clearinghouse for review of energy projects”; and

(2) in paragraph (1) of subsection (a), by striking “Military Aviation and Installation Assurance Siting Clearinghouse” and inserting “Military Mission Sustainment Siting Clearinghouse”.

(b) Responsible official.—Subsection (a) of such section is further amended, in paragraph (2)(A), by striking “control of an Assistant Secretary of Defense designated by the Secretary” and inserting “control of the Under Secretary of Defense for Acquisition and Sustainment”.

(c) Functions.—Subsection (b) of such section is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and

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

“(2) The Clearinghouse shall coordinate Department of Defense consideration of and response to requests for reviews received from other Federal agencies, State governments, Indian tribal governments, local governments, landowners, and developers of energy projects.”.

(d) Review of proposed actions.—Subsection (c) of such section is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by inserting “, including any potential negative impacts on pilot safety and training” after “military operations and readiness”; and

(B) in subparagraph (B), by inserting “, including any potential negative impacts on pilot safety and training,” after “risks to national security”; and

(2) in paragraph (3), by inserting “and the relevant local military installation” after “notice to the governor of the State”.

(e) Identification of actions To mitigate all adverse impacts.—Subsection (d)(2)(F) is amended by inserting “all” before “adverse impacts of projects filed”.

(f) Department of Defense finding of unacceptable risk.—Subsection (e)(1) of such section is amended by inserting “, including unacceptable risk to pilot safety and unacceptable loss of training days” after “risk to the national security of the United States”.

(g) Definition of adverse impact on military operations and readiness.—Subsection (h)(1) of such section is amended by inserting “pilot safety,” after “including flight operations,”.

(h) Clerical amendment.—The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by striking the item relating to section 183a and inserting the following:

“183a. Military Mission Sustainment Siting Clearinghouse for review of energy projects.”.

SEC. 314. Operational energy policy.

(a) In general.—Section 2926 of title 10, United States Code, is amended—

(1) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), (f), respectively;

(2) by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections:

“(a) Operational energy policy.—In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions.

“(b) Authorities.—The Secretary of Defense may—

“(1) require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;

“(2) authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and

“(3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.”; and

(3) in subsection (c), as redesignated by subparagraph (A)—

(A) in the subsection heading, by striking “Alternative fuel activities” and inserting “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment”;

(B) by striking “heads of the military departments and the Assistant Secretary of Defense for Research and Engineering” and inserting “heads of the appropriate Department of Defense components”;

(C) in paragraph (1), by striking “lead the alternative fuels activities” and inserting “oversee the operational energy activities”;

(D) in paragraph (2), by striking “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense” and inserting “regarding the policies and investments that affect the use of operational energy across the Department of Defense”;

(E) in paragraph (3), by striking “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense” and inserting “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience”; and

(F) in paragraph (5), by striking “subsection (c)(4)” and inserting “subsection (e)(4)”.

(b) Conforming amendments.—(1) Section 2925(b)(1) of title 10, United States Code, is amended by striking “section 2926(b)” and inserting “section 2926(d)”.

(2) Section 1061(c)(55) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking “section 2926(c)(4)” and inserting “section 2926(e)(4)”.

SEC. 315. Funding treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid at State-owned and operated National Guard installations.

(a) Assistance authorized.—The Secretary concerned may provide for the treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking water from wells owned and operated by a local water authority undertaken to attain the lifetime health advisory level for such acids in drinking water.

(b) Requirements for assistance.—The Secretary concerned may only provide for the treatment of drinking water pursuant to subsection (a) if—

(1) the local water authority has requested such treatment from the Secretary during the fiscal year when the treatment is provided;

(2) the elevated levels of perfluorooctane sulfonic acid and perfluorooctanoic acid in the drinking water are the result of activities conducted by or paid for by the Department of the Army or the Department of the Air Force at a State-owned National Guard installation;

(3) such treatment takes place only during the fiscal year in which the request was made;

(4) the local water authority waives all claims against the United States and the National Guard for treatment expenses incurred before the fiscal year during which the treatment is taking place; and

(5) the cost of any treatment provided pursuant to subsection (a) does not exceed the actual cost of the treatment attributable to the activities conducted by or paid for by the Department of the Army or the Department of the Air Force, as the case may be.

(c) Existing agreements.—Treatment of drinking water pursuant to subsection (a) may be provided without regard to existing contractual provisions in agreements between the Department of the Army, the Department of the Air Force, or the National Guard Bureau, as the case may be, and the State in which the base is located relating to environmental response actions or indemnification.

(d) Authority To enter into agreements.—The Secretary concerned may enter into such grants, cooperative agreements, or contracts with a local water authority as may be necessary to implement this section.

(e) Use of DSMOA.—Using up to $45,000,000 of the funds authorized to be appropriated by section 301 for operation and maintenance, the Secretary concerned may pay, utilizing an existing Defense-State Memorandum of Agreement, costs that would otherwise be eligible for payment under that agreement.

(f) Termination of authority.—The authority under this section shall terminate on September 30, 2021.

(g) Retroactive effect.—Notwithstanding paragraphs (1), (3), (4) of subsection (b), the Secretary concerned may reimburse a local water authority or a State for the treatment of drinking water pursuant to this section if—

(1) the local water authority or state requested such a payment from the National Guard Bureau prior to March 1, 2018, or the National Guard Bureau was aware of a treatment plan by the local water authority or state prior to that date; and

(2) the local water authority or the State, as the case may be, waives all claims against the United States and the National Guard for treatment expenses incurred before January 1, 2018.

(h) Conforming amendments.—

(1) RESPONSIBILITY FOR RESPONSE ACTIONS.—Section 2701(c)(1) of title 10, United States Code, is amended by inserting “or pollutants or contaminants” after “releases of hazardous substances”.

(2) DEFINITION OF FACILITY.—Section 2700(2) of title 10, United States Code, is amended—

(A) by striking “The terms ‘environment’, ‘facility’,” and inserting “(A) The terms ‘environment’,”; and

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

“(B) The term ‘facility’—

“(i) has the meaning given the term in section 101 of CERCLA (42 U.S.C. 9601); and

“(ii) includes real property which is owned by, leased, to, or otherwise possessed by the United States at locations conducting military activities under the authority of either this title or title 32.”.

(i) Definitions.—In this section—

(1) LIFETIME HEALTH ADVISORY.—The term “lifetime health advisory” means the United States Environmental Protection Agency Lifetime Health Advisory for the presence of perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking water.

(2) SECRETARY CONCERNED.—The term “Secretary concerned” means the Secretary of the Army or the Secretary of the Air Force.

(3) STATE.—The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(4) STATE-OWNED NATIONAL GUARD INSTALLATION.—The term “State-owned National Guard installation” means a facility or site owned or operated by a State when such facility or site is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though the Department of Defense is not the owner or operator of such facility or site.

subtitle CReports

SEC. 321. Reports on readiness.

(a) Uniform applicability of readiness reporting system.—Subsection (b) of section 117 of title 10, United States Code, is amended—

(1) by inserting “and maintaining” after “establishing”;

(2) in paragraph (1), by striking “reporting system is applied uniformly throughout the Department of Defense” and inserting “reporting system and associated policies are applied uniformly throughout the Department of Defense, including between and among the joint staff and each of the armed forces”;

(3) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;

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

“(2) that is the single authoritative readiness reporting system for the Department, and that there shall be no military service specific systems;

“(3) that readiness assessments are accomplished at an organizational level at, or below, the level at which forces are employed;

“(4) that the reporting system include resources information, force posture, and mission centric capability assessments, as well as predicted changes to these attributes;”; and

(5) in paragraph (5), as redesignated by paragraph (3) of this subsection, by inserting “, or element of a unit,” after “readiness status of a unit”.

(b) Capabilities of readiness reporting system.—Such section is further amended in subsection (c)—

(1) in paragraph (1)—

(A) by striking “Measure, on a monthly basis, the capability of units” and inserting “Measure the readiness of units”; and

(B) by striking “conduct their assigned wartime missions” and inserting “conduct their designed and assigned missions”;

(2) in paragraph (2)—

(A) by striking “Measure, on an annual basis,” and inserting “Measure”; and

(B) by striking “wartime missions” and inserting “designed and assigned missions”;

(3) in paragraph (3)—

(A) by striking “Measure, on an annual basis,” and inserting “Measure”; and

(B) by striking “wartime missions” and inserting “designed and assigned missions”;

(4) in paragraph (4), by striking “Measure, on a monthly basis,” and inserting “Measure”;

(5) in paragraph (5), by striking “Measure, on an annual basis,” and inserting “Measure”;

(6) by striking paragraphs (6) and (8) and redesignating paragraph (7) as paragraph (6); and

(7) in paragraph (6), as so redesignated, by striking “Measure, on a quarterly basis,” and inserting “Measure”.

(c) Semi-annual and monthly joint readiness reviews.—Such section is further amended in subsection (d)(1)(A) by inserting “, which includes a validation of readiness data currency and accuracy” after “joint readiness review”.

(d) Quarterly report on change in current state of unit readiness.—Such section is further amended—

(1) in subsection (e), by striking “Submission to congressional committees” and inserting “Quarterly report on joint readiness”;

(2) by redesignating subsection (f) as subsection (h); and

(3) by inserting after subsection (e) the following new subsection:

“(f) Quarterly report on monthly changes in current state of readiness of units.—The Secretary shall each quarter submit to the congressional defense committees a report on each monthly upgrade or downgrade of the current state of readiness of a unit that was issued by the commander of a unit during the previous quarter, together with the rationale of the commander for the issuance of such upgrade or downgrade.”.

(e) Annual report to Congress on operational contract support.—Such section is further amended by inserting after subsection (f), as added by subsection (d) of this section, the following new subsection:

“(g) Annual report on operational contract support.—The Secretary shall each year submit to the congressional defense committees a report in writing containing the results of the most recent annual measurement of the capability of operational contract support to support current and anticipated wartime missions of the armed forces. Each such report shall be submitted in unclassified form, but may include a classified annex.”.

(f) Regulations.—Such section is further amended in subsection (h), as redesignated by subsection (d) of this section, by striking “prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting” and inserting “prescribe the established information technology system for Department of Defense reporting, specifically authorize exceptions to a single-system architecture, and identify the organizations, units, and entities that are subject to reporting in the readiness reporting system, what organization resources are subject to such reporting”.

(g) Conforming amendments.—

(1) SECTION HEADING.—Such section is further amended in the section heading by striking “: establishment; reporting to congressional committees”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 117 and inserting the following new item:

“117. Readiness reporting system.”.

SEC. 322. Report on cold weather capabilities and readiness of United States Armed Forces.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the current cold weather capabilities and readiness of the United States Armed Forces.

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

(1) A description of current cold weather capabilities and training to support United States military operations in cold climates across the joint force.

(2) A description of anticipated requirements for United States military operations in cold and extreme cold weather in the Arctic, Northeast Asia, and Northern and Eastern Europe.

(3) A description of the current cold weather readiness of the joint force, the ability to increase cold weather training across the joint force, and any equipment, infrastructure, personnel, or resource limitations or gaps that may exist.

(4) An analysis of potential opportunities to expand cold weather training for the Army, the Navy, the Air Force, and the Marine Corps and the resources or infrastructure required for such expansion.

(5) An analysis of potential cold weather amphibious landing locations, including the potential for a combined arms live fire exercise.

subtitle DOther matters

SEC. 331. Pilot programs on integration of military information support and civil affairs activities.

(a) Pilot programs authorized.—

(1) IN GENERAL.—The commander of any geographic combatant command designated by the Secretary of Defense for purposes of this section, and the Commander of the United States Special Operations Command if so designated, may carry out one or more pilot programs designed to assess the feasability and advisability of integrating military information support and civil affairs in support of the theater campaign plans of such combatant command.

(2) CONCURRENCE OF CHIEFS OF MISSION.—Activities under a pilot program under this section may be carried out in a country only with the concurrence of the Chief of Mission for that country.

(b) Requirement for both military information support and civil affairs capabilities.—

(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), each pilot program under this section shall include both a military information support capability and a civil affairs capability.

(2) NO MILITARY INFORMATION SUPPORT CAPABILITY.—A pilot program may be carried out in a region or country in which no military information support capability is deployed if the program is complemented by a Department of State public diplomacy effort that contributes to the fulfillment of the objectives of the commander of the combatant command concerned to convey information to foreign audiences in the region or county to influence their emotions, motives, objective reasoning, and behavior in support of the applicable theater campaign plan.

(3) NO CIVIL AFFAIRS CAPABILITY.—A pilot program may be carried out in a region or country in which no civil affairs capability is deployed if the program is complemented by an effort of the Department of State or the United States Agency for International Development to contribute to the fulfillment of the objectives of the commander of the combatant command concerned to reestablish or maintain stability within the region or country in support of the applicable theater campaign plan.

(4) PLAN.—In the event a pilot program will be carried out pursuant to paragraph (2) or (3), planning for the pilot program shall include an explanation of concept, budget, timeline, and metrics for measuring the effectiveness of activities of the Department of State or United States Agency for International Development, as applicable, under the pilot program.

(c) Duration.—The authority to carry out pilot programs under this section shall cease on September 30, 2023.

(d) Annual reports.—

(1) IN GENERAL.—Not later than 90 days after the last day of each of fiscal year 2019 through 2023, the Secretary shall submit to the congressional defense committees a report on the pilot programs carried out under this section during the preceding fiscal year.

(2) ELEMENTS.—Each report under this subsection shall include, for the fiscal year covered by such report, the following:

(A) A list of all pilot programs carried out, set forth by combatant command.

(B) A list of all pilot programs commenced, set forth by combatant command.

(C) The amount of funds provided for each pilot program carried out.

(D) The objectives of each pilot program carried out, and the metrics used or to be used to measure the effectiveness of such pilot program.

(E) A description of the manner in which each pilot program carried out supports the applicable theater campaign plan of the commanders of the combatant command concerned.

(F) If a pilot program was concluded, an assessment of the value of the program, a description and assessment of lessons learned through the program, and any recommendations the Secretary considers appropriate for follow-on efforts in connection with the program.

(e) Funding.—

(1) IN GENERAL.—Of the amounts authorized to be appropriated for each of fiscal years 2019 through 2023 for the Department of Defense for operation and maintenance and available for the combatant commands, an aggregate of $20,000,000 may be used in each such fiscal year by each such combatant command for pilot programs under this section.

(2) LIMITATION ON AMOUNT FOR PARTICULAR PROGRAMS.—The amount expended on any particular pilot program may not exceed $2,000,000.

(f) Definitions.—In this section:

(1) CIVIL AFFAIRS.—The term “civil affairs” means activities intended to establish, maintain, influence, or exploit relations between military forces, indigenous populations, and institutions by directly supporting the attainment of objectives relating to the reestablishment or maintenance of stability within a region or country.

(2) MILITARY INFORMATION SUPPORT.—The term “military information support” means operations to convey selected information and indicators to foreign audiences to influence their emotions, motives, objective reasoning, and ultimately the behavior of foreign governments, organizations, groups, and individuals in a manner favorable to the objectives of those planning such operations.

(3) THEATER CAMPAIGN PLAN.—The term “theater campaign plan” means a plan developed by a combatant command for the steady-state activities of the command, including operations, security cooperation, and other activities designed to achieve strategic end states in the theater.

SEC. 332. Reporting on future years budgeting by subactivity group.

Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include in the OP-5 Justification Books as detailed by Department of Defense Financial Management Regulation 7000.14-R the amount for each individual subactivity group (SAG) as detailed in the Department’s future years defense program pursuant to section 221 of title 10, United States Code.

SEC. 333. Restriction on upgrades to aviation demonstration team aircraft.

(a) In general.—Except as provided under subsection (b), the Secretary of Defense may not upgrade the type, model, or series of aircraft used by a military service for its fixed wing aviation demonstration teams, including Blue Angel and Thunderbird aircraft, until the service's active and reserve duty squadrons and weapon training schools have replaced 100 percent of the existing type, model, and series of aircraft.

(b) Waiver authority.—The Secretary of Defense may, upon written notice to the congressional defense committees, waive the prohibition under subsection (a) for the purpose of carrying out upgrades to the type, model, or series of the aircraft described under such subsection that are necessary to ensure the safety of pilots.

SEC. 334. U.S. Special Operations Command civilian personnel.

Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide for U.S. Special Operations Command civilian personnel, not less than $6,200,000 shall be used to fund the detail of civilian personnel to the office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to support the Secretariat for Special Operations.

SEC. 335. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for operation and maintenance, research, development, test, and evaluation, or procurement, and available to operate service specific Defense Readiness Reporting Systems (DRRS) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (DRRS-S).

(b) Plan.—Not later than February 1, 2019, the Under Secretary for Personnel and Readiness shall submit to the congressional defense committees a resource and funding plan to include a schedule with relevant milestones on the elimination of service-specific DRRS and the migration of the military services and other organizations to DRRS-S.

(c) Transition.—The military services shall complete the transition to DRRS-S not later than October 1, 2019. The Secretary of Defense shall notify the congressional defense committees upon the complete transition of the services.

(d) Reporting requirement.—

(1) IN GENERAL.—The Under Secretary for Personnel and Readiness, the Under Secretary for Acquisition and Sustainment, and the Under Secretary for Research and Engineering, in coordination with the Secretaries of the military departments and other organizations with relevant technical expertise, shall establish a working group including individuals with expertise in application or software development, data science, testing, and development and assessment of performance metrics to assess the current process for collecting, analyzing, and communicating readiness data, and develop a strategy for implementing any recommended changes to improve and establish readiness metrics using the current DRRS-Strategic platform.

(2) ELEMENTS.—The assessment conducted pursuant to paragraph (1) shall include—

(A) identification of modern tools, methods, and approaches to readiness to more effectively and efficiently collect, analyze, and make decision based on readiness data; and

(B) consideration of cost and schedule.

(3) SUBMISSION TO CONGRESS.—Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees the assessment conducted pursuant to paragraph (1).

(e) Defense readiness reporting requirements.—To the maximum extent practicable, the Secretary of Defense shall meet defense readiness reporting requirements consistent with the recommendations of the working group established under subsection (d)(1).

SEC. 336. Repurposing and reuse of surplus Army firearms.

Section 348(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended by inserting “shredded or” before “melted and repurposed”.

SEC. 337. Limitation on availability of funds for establishment of additional specialized undergraduate pilot training facility.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for Specialized Undergraduate Pilot Training for the Air Force (referred to in this section as “SUPT”) no funds may be used to enter into a contract for the procurement of equipment, facilities, real property, or services to establish a new SUPT location in the United States until the date on which the Secretary of the Air Force submits to the congressional defense committees the certification described under subsection (b).

(b) Certification.—The certification referred to in subsection (a) is a certification that—

(1) existing SUPT installations are operating at maximum capacity in terms of pilot production; and

(2) the Air Force plans to operate existing SUPT installations at maximum capacity over the future years defense program.

(c) Report.—

(1) IN GENERAL.—Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on existing SUPT production, resourcing, and locations.

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

(A) A description of the strategy of the Air Force for utilizing existing SUPT locations to produce the number of pilots the Air Force requires.

(B) The number of pilots that each SUPT location has graduated, by year, over the previous 5 fiscal years.

(C) The forecast number of pilots that each SUPT location will produce for fiscal year 2019.

(D) The maximum production capacity of each SUPT location.

(E) A cost estimate of the resources required for each SUPT location to reach maximum production capacity.

(F) A determination as to whether increasing production capacity at existing SUPT locations will satisfy the Air Force’s SUPT requirement.

(G) A timeline and cost estimation of establishing a new SUPT location.

(H) A business case analysis comparing the establishment of a new SUPT location to increasing production capacity at existing SUPT locations.

SEC. 338. Scope of authority for restoration of land due to mishap.

Subsection (e) of section 2691 of title 10, United States Code, as added by section 2814 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1849), is amended by adding at the end the following new paragraph:

“(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.”.

SEC. 339. Redesignation of the Utah Test and Training Range (UTTR).

The Utah Test and Training Range (UTTR) located in northwestern Utah and eastern Nevada may be redesignated.

subtitle ELogistics and Sustainment

SEC. 351. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization (FSRM) structure and mechanism.

The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization (FSRM) structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congressional defense committees.

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, 485,741.

(2) The Navy, 331,900.

(3) The Marine Corps, 186,100.

(4) The Air Force, 325,720.

SEC. 402. End strengths for commissioned officers on active duty in certain grades.

The Armed Forces are authorized strengths for commissioned officers on active duty as of September 30, 2019, in the grades as follows in the number specified:

(1) The Army:

(A) Colonel, 3,970.

(B) Lieutenant colonel, 8,700.

(C) Major, 15,470.

(2) The Navy:

(A) Captain, 3,060.

(B) Commander, 6,670.

(C) Lieutenant commander, 11,010.

(3) The Marine Corps:

(A) Colonel, 650.

(B) Lieutenant colonel, 1,910.

(C) Major, 3,920.

(4) The Air Force:

(A) Colonel, 3,450.

(B) Lieutenant colonel, 10,270.

(C) Major, 13,920.

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, 59,000.

(4) The Marine Corps Reserve, 38,500.

(5) The Air National Guard of the United States, 106,600.

(6) The Air Force Reserve, 69,800.

(7) The Coast Guard Reserve, 7,000.

(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. End strengths for Reserves on active duty in support of the reserves.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 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, 30,155.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 10,101.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 19,450.

(6) The Air Force Reserve, 3,588.

SEC. 413. End strengths for military technicians (dual status).

The minimum number of military technicians (dual status) as of the last day of fiscal year 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 4401.

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2019.

SEC. 422. Limitation on use of funds for personnel in fiscal year 2019 in excess of statutorily specified end strengths for fiscal year 2018.

Notwithstanding any other provision of this title, funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for military personnel may be not obligated or expended for a number of military personnel covered by an end strength in title IV of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) in excess of such end strength until the Secretary of Defense has submitted to the congressional defense committees the report required under subsection (b) of section 1041.

TITLE VMilitary Personnel Policy

subtitle AOfficer Personnel Policy

PART IOfficer Personnel Management Reform

SEC. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty.

Effective as of October 1, 2018, the text of section 523 of title 10, United States Code, is amended to read as follows:

“ The total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps in each of the grades of major, lieutenant colonel, or colonel, or in the Navy in each of the grades of lieutenant commander, commander, or captain, at the end of any fiscal year shall be as specifically authorized by Act of Congress for such fiscal year.”.

SEC. 502. Annual defense manpower requirements report matters.

(a) Date of submittal.—Subsection (a) of section 115a of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking “not later than 45 days after the date on which” and inserting “on the date on which”.

(b) Specification of anticipated opportunities for promotion of commissioned officers.—Subsection (d) of such section is amended by adding the following new paragraph:

“(4) The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to section 623(b)(4) of this title for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to section 611 of this title during such fiscal year.”.

(c) Enumeration of required numbers of certain commissioned officers.—Such section is further amended by adding at the end the following new subsection:

“(i) In each such report, the Secretary shall also include a separate statement of the number of officers required for the next fiscal year in each grade as follows:

“(1) Major, lieutenant colonel, and colonel of each of the Army, the Air Force, and the Marine Corps.

“(2) Lieutenant commander, commander, and captain of the Navy.”.

SEC. 503. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer.

(a) Repeal.—Subsection (a) of section 532 of title 10, United States Code, is amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.

(b) Conforming amendment.—Such section is further amended by striking subsection (d).

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.

SEC. 504. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer.

(a) Regular officers.—

(1) IN GENERAL.—Subsection (b) of section 533 of title 10, United States Code, is amended—

(A) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”; and

(B) in paragraph (2)—

(i) by striking “Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount” and inserting “The amount”; and

(ii) by striking “in the grade of major in the Army, Air Force, or Marine Corps or lieutenant commander in the Navy” and inserting “in the grade of colonel in the Army, Air Force, or Marine Corps or captain in the Navy”.

(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERIENCE.—Such section is further amended—

(A) in subsections (a)(2) and (c), by striking “or (g)”; and

(B) by striking subsection (g).

(b) Reserve officers.—

(1) IN GENERAL.—Subsection (b) of section 12207 of title 10, United States Code, is amended—

(A) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”; and

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

“(3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.”.

(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERIENCE.—Such section is further amended—

(A) by striking subsection (e);

(B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and

(C) in subsection (e), as redesignated by subparagraph (B), by striking “, (d), or (e)” and inserting “or (d)”.

SEC. 505. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills.

(a) Standardized temporary promotion authority.—

(1) IN GENERAL.—Chapter 35 of title 10, United States Code, is amended by adding at the end the following new section:

§ 605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant

“(a) In general.—An officer in the grade of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, or Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.

“(b) Covered officers.—An officer described in this subsection is any officer in a grade specified in subsection (a) who—

“(1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and

“(2) is serving in a position (as determined by the Secretary of the military department concerned) that—

“(A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and

“(B) requires that an officer serving in such position have the skill possessed by such officer.

“(c) Status of officers appointed.—

“(1) PRESERVATION OF POSITION AND STATUS.—An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.

“(2) GRADE FOR PURPOSES OF ANNUAL DEFENSE MANPOWER REPORTS.—For purposes of section 115a of this title, an officer holding an appointment under this section is considered as serving in the grade of the temporary promotion this section.

“(d) Board recommendation required.—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions.

“(e) Acceptance and effective date of appointment.—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.

“(f) Termination of appointment.—Unless sooner terminated, an appointment under this section terminates—

“(1) on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy; or

“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade.

“(g) Limitation on number of eligible positions.—An appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following:

“(1) In the case of the Army—

“(A) as captain, 120;

“(B) as major, 350;

“(C) as lieutenant colonel, 200; and

“(D) as colonel, 100.

“(2) In the case of the Air Force—

“(A) as captain, 100;

“(B) as major, 325;

“(C) as lieutenant colonel, 175; and

“(D) as colonel, 80.

“(3) In the case of the Marine Corps—

“(A) as captain, 50;

“(B) as major, 175;

“(C) as lieutenant colonel, 100; and

“(D) as colonel, 50.

“(4) In the case of the Navy—

“(A) as lieutenant, 100;

“(B) as lieutenant commander, 325;

“(C) as commander, 175; and

“(D) as captain, 80.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 35 of such title is amended by adding at the end the following new item:

(b) Repeal of superseded authority applicable to Navy lieutenants.—

(1) REPEAL.—Chapter 544 of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENTS.—The tables of chapters at the beginning of title 10, United States Code, and at the beginning of subtitle C of such title, are each amended by striking the item relating to chapter 544.

SEC. 506. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list.

(a) DOPMA boards.—

(1) IN GENERAL.—Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g)(1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.

“(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.

“(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.”.

(2) PROMOTION SELECTION BOARD REPORTS RECOMMENDING OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST.—Section 617 of such title is amended by adding at the end the following new subsection:

“(d) A selection board convened under section 611(a) of this title shall, when authorized under section 616(g) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.”.

(3) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON PROMOTION LIST.—Section 624(a)(1) of such title is amended in the first sentence by adding at the end “or based on particular merit, as determined by the promotion board”.

(b) ROPMA boards.—

(1) IN GENERAL.—Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Officers of partcular merit.—(1) In selecting the officers to be recommended for promotion, a promotion board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 14308(a) of this title.

“(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 14107 of this title.

“(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.”.

(2) PROMOTION BOARD REPORTS RECOMMENDING OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST.—Section 14109 of such title is amended by adding at the end the following new subsection:

“(d) Officers of particular merit.—A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.”.

(3) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON PROMOTION LIST.—Section 14308(a) of such title is amended in the first sentence by adding at the end “or based on particular merit, as determined by the promotion board”.

SEC. 507. Authority for officers to opt out of promotion board consideration.

(a) Active-Duty list officers.—Section 619 of title 10, United States Code, is amended—

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

“(6) An officer excluded under subsection (e).”; and

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

“(e) Authority To allow officers To opt out of selection board consideration.—(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.

“(2) The Secretary concerned may only approve a request under paragraph (1) if—

“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;

“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”.

(b) Reserve active-Status list officers.—Section 14301 of such title is amended—

(1) in subsection (c)—

(A) in the subsection heading, by striking “Previously selected officers not eligible” and inserting “Certain officers not”; and

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

“(6) An officer excluded under subsection (j).”; and

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

“(j) Authority To allow officers To opt out of selection board consideration.—(1) The Secretary a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade.

“(2) The Secretary concerned may only approve a request under paragraph (1) if—

“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;

“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”.

SEC. 508. Competitive category matters.

Section 621 of title 10, United States Code, is amended—

(1) by inserting “(a) Competitive categories.—” before “Under regulations”; and

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

“(b) Bases for competitive categories.—Competitive categories shall be established on the bases as follows:

“(1) Officers occupying similar officer qualifications, specialties, occupations, or ratings shall be grouped together.

“(2) Promotion timing, promotion opportunity, and officer career length shall each be tailored to particular officer qualifications, specialties, occupations, or ratings.

“(c) Consistency not required in promotion timing or opportunity.—In establishing competitive categories, the Secretary of a military department shall not be required to provide consistency in promotion timing or promotion opportunity among competitive categories of the armed force concerned.”.

SEC. 509. Promotion zone matters.

(a) Alignment with annual defense manpower requirements reports.—Subsection (b) of section 623 of title 10, United States Code, is amended—

(1) in paragraph (3), by striking “and” at the end;

(2) in paragraph (4), by striking the period at the end and inserting “; and”; and

(3) by adding after paragraph (4) the following new paragraph (5):

“(5) the alignment of opportunities for promotion for officers considered by any particular selection board with opportunities for promotion in the next year as estimated pursuant to paragraph (4) and reported in the annual defense manpower requirements report covering such year under section 115a of this title.”.

(b) Prohibition on determination of officers in promotion zone based on year of original appointment to current grade.—

(1) IN GENERAL.—Such section is further amended by adding at the end the following new subsection:

“(c) The Secretary concerned may not determine the number of officers in a promotion zone on the basis of the year in which officers receive their original appointment in their current grade.”.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotion zones established for promotion selection boards convened on or after that date.

SEC. 510. Alternative promotion authority for officers in designated competitive categories of officers.

(a) Alternative promotion authority.—

(1) IN GENERAL.—Chapter 36 of title 10, United States Code, is amended by adding at the end the following new subchapter:

“SUBCHAPTER VIALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
“Sec.

§ 649a. Officers in designated competitive categories

“(a) Authority To designate competitive categories of officers.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter.

“(b) Limitation on exercise of authority.—The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:

“(1) A detailed description of officer requirements for officers within the competitive category.

“(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.

“(3) An estimate of the size of the promotion zone for each grade within the competitive category.

“(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.

§ 649b. Selection for promotion

“(a) In general.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.

“(b) No recommendation for promotion of officers below promotion zone.—Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).

“(c) Recommendation for officers To be excluded from future consideration for promotion.—In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.

§ 649c. Eligibility for consideration for promotion

“(a) In general.—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.

“(b) Inapplicability of certain time-in-grade requirements.—Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).

“(c) Inapplicability to officers above and below promotion zone.—The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):

“(1) The reference in paragraph (1) of that section to an officer above the promotion zone.

“(2) Paragraph (2)(A) of that section.

“(d) Ineligibility of certain officers.—The following officers are not eligible for promotion under this subchapter:

“(1) An officer described in section 619(d) of this title.

“(2) An officer not included within the promotion zone.

“(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.

“(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.

§ 649d. Opportunities for consideration for promotion

“(a) Specification of number of opportunities for consideration for promotion.—In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.

“(b) Limited authority of Secretary of military department to modify number of opportunities.—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.

“(c) Discretionary authority of Secretary of Defense to modify number of opportunities.—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.

“(d) Limitation on number of opportunities specified.—The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.

“(e) Effect of certain reduction in number of opportunities specified.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

§ 649e. Promotions

“Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.

§ 649f. Failure of selection for promotion

“(a) In general.—Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.

“(b) Inapplicability of failure of selection for promotion to officers above promotion zone.—The reference in section 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).

“(c) Special selection board matters.—The reference in section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).

“(d) Effect of failure of selection.—In the administration of this subchapter pursuant to subsection (a)—

“(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and

“(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.

§ 649g. Retirement: retirement for years of service; selective early retirement

“(a) Retirement for years of services.—Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.

“(b) Selective early retirement.—Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).

§ 649h. Continuation on active duty

“(a) In general.—An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title.

“(b) Identification of positions for officers continued on active duty.—

“(1) IN GENERAL.—Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.

“(2) IDENTIFICATION.—Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.

“(c) Recommendation for continuation.—A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.

“(d) Approval of Secretary of military department.—Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned.

“(e) Nonacceptance of continuation.—An officer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title.

“(f) Period of continuation.—

“(1) IN GENERAL.—An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three years afer the date of assignment to the position to which first so assigned.

“(2) ADDITIONAL CONTINUATION.—An officer whose continued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph.

“(g) Effect of expiration of continuation.—Each officer continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer's term of continued service shall, unless sooner discharged or retired under another provision of law—

“(1) be discharged upon the expiration of the term of continued service; or

“(2) if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service.

“(h) Treatment of discharge or retirement.—The discharge or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.

§ 649h-1. Continuation on active duty: officers in certain military specialties and career tracks

“In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a.

§ 649i. Other administrative authorities

“(a) In general.—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:

“(1) Section 638b, relating to voluntary retirement incentives.

“(2) Section 639, relating to continuation on active duty to complete disciplinary action.

“(3) Section 640, relating to deferment of retirement or separation for medical reasons.

§ 649j. Regulations

“The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provisions of this subchapter.”.

(2) CLERICAL AMENDMENT.—The table of subchapters at the beginning of chapter 36 of such title is amended by adding at the end the following new item:

“VI. Alternative Promotion Authority for Officers in Designated Competitive Categories 649a”.

(b) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the authorities in subchapter VI of chapter 36 of title 10, United States Code (as added by subsection (a)).

(2) ELEMENTS.—The report shall include the following:

(A) A detailed analysis and assessment of the manner in which the exercise of the authorities in subchapter VI of chapter 36 of title 10, United States Code (as so added), will effect the career progression of commissioned officers in the Armed Forces.

(B) A description of the competitive categories of officers that are anticipated to be designated as competitive categories of officers for purposes of such authorities.

(C) A plan for implementation of such authorities.

(D) Such recommendations for legislative or administrative action as the Secretary of Defense considers appropriate to improve or enhance such authorities.

SEC. 511. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

Section 637a(a) of title 10, United States Code, is amended—

(1) by striking “grade O–4” and inserting “grade O–2”; and

(2) by inserting “632,” before “633,”.

PART IIOther Matters

SEC. 516. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service.

(a) Conditional determinations of grade of satisfactory service.—

(1) IN GENERAL.—Subsection (a)(1) of section 1370 of title 10, United States Code, is amended by adding at the end the following new sentences: “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to reopening in accordance with subsection (f).”.

(2) OFFICERS IN O–9 AND O–10 GRADES.—Subsection (c) of such section is amended by adding at the end the following new paragraph:

“(4) The Secretary of Defense may make a conditional certification regarding satisfactory service in grade under paragraph (1) with respect to an officer under that paragraph notwithstanding the fact that there is pending the disposition of an adverse personnel action against the officer for alleged misconduct. The retired grade of an officer following such a conditional certification is subject to reopening in accordance with subsection (f).”.

(3) RESERVE OFFICERS.—Subsection (d)(1) of such section is amended by adding at the end the following new sentences: “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to reopening in accordance with subsection (f).”.

(b) Determinations of satisfactory service.—Such section is further amended—

(1) by redesignating subsection (e) as subsection (g); and

(2) by inserting after subsection (d) the following new subsection (e):

“(e) Determinations of satisfactory service in grade.—The determination whether an officer's service in grade is satisfactory for purposes of any provision of this section shall—

“(1) be based on quantative and qualitative considerations;

“(2) take into account both acts and omissions; and

“(3) take into account service in current grade and in any prior grade in which served (whether a lower or higher grade).”.

(c) Finality of retired grade determinations.—Such section is further amended by inserting after subsection (e), as amended by subsection (b) of this section, the following new subsection:

“(f) Finality of retired grade determinations.—(1) Except as otherwise provided by law, a determination or certification of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.

“(2) A determination or certification of the retired grade of an officer may be reopened as follows:

“(A) If the retirement or retired grade of the officer was procured by fraud.

“(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.

“(C) If a mistake of law or calculation was made in the determination of the retired grade.

“(D) In the case of a retired grade following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings.

“(E) If the Secretary concerned determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination or certification.

“(3) If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned—

“(A) shall notify the officer of the reopening; and

“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening.

“(4) If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening.

“(5) If the retired grade of an officer is reduced through the reopening of the officer's retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer's retired grade.”.

(d) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to officers who retire from the Armed Forces on or after that date.

SEC. 517. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer.

Section 5589(d) of title 10, United States Code, is amended by striking “10 years” and inserting “8 years”.

SEC. 518. Repeal of original appointment qualification requirement for warrant officers in the regular Army.

(a) In general.—Section 3310 of title 10, United States Code, is repealed.

(b) Clerical amendment.—The table of sections at the beginning of chapter 335 of such title is amended by striking the item relating to section 3310.

SEC. 519. Uniform grade of service of the Chiefs of Chaplains of the Armed Forces.

The grade of service as Chief of Chaplains of the Army, Chief of Chaplains of the Navy, and Chief of Chaplains of the Air Force of an officer serving in such position shall be such grade as the Secretary of Defense shall specify. The grade of service shall be the same for service in each such position.

SEC. 520. Written justification for appointment of Chiefs of Chaplains in grade below grade of major general or rear admiral.

(a) Chief of Chaplains of the Army.—Section 3036 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(h) If an individual is appointed Chief of Chaplains in a regular grade below the grade of major general, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.”.

(b) Chief of Chaplains of the Navy.—Section 5142(b) of such title is amended—

(1) by inserting “(1)” after “(b)”; and

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

“(2) If an individual is appointed Chief of Chaplains in a regular grade below the grade of rear admiral, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.”.

(c) Chief of Chaplains of the Air Force.—Section 8039(a) of such title is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

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

“(2) If an individual is appointed Chief of Chaplains in a regular grade below the grade of major general, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.”.

subtitle BReserve Component Management

SEC. 521. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion.

(a) In general.—Section 14308(f) of title 10, United States Code, is amended—

(1) by inserting “(1)” before “The effective date of promotion”; and

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

“(2) If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotions of officers whose State effective date is on or after that date.

SEC. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion.

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(j) Certain officers not to be considered for selection for promotion.—The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.”.

SEC. 523. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau.

Section 10508(b)(1) of title 10, United States Code, is amended by striking “sections 2103,” and all that follows through “of title 32,” and inserting “sections 2102, 2103, 2105, and 3101, and subchapter IV of chapter 53, of title 5, or sections 328 and 709 of title 32,”.

SEC. 524. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty.

Section 10302 of title 10, United States Code, is amended—

(1) in subsection (b), by striking “not on active duty” each place it appears; and

(2) in subsection (c)—

(A) by inserting “of the reserve components” after “among the members”; and

(B) by striking “not on active duty”.

subtitle CGeneral Service Authorities

SEC. 531. Assessment of Navy standard workweek and related adjustments.

(a) Assessment.—The Secretary of the Navy shall conduct a comprehensive assessment of the Navy standard workweek.

(b) Other requirements.—The Secretary shall—

(1) update Office of the Chief of Naval Operations Instruction 1000.16L in order to—

(A) obtain an examination of current in-port workloads; and

(B) identify the manpower necessary to execute in-port workload for all surface ship classes;

(2) update the criteria used in the Instruction referred to in paragraph (1) that are used to reassess the factors used to calculate manpower requirements periodically or when conditions change; and

(3) using the updates required by paragraphs (1) and (2), identify personnel needs and costs associated with the planned larger size of the Navy fleet.

(c) Added demands.—The Secretary shall identify and quantify added demands on Navy ship crews, including Ready Relevant Learning training periods and additional work that affects readiness and technical qualifications for Navy ship crews.

(d) Deadline.—The Secretary shall complete carrying out the requirements in this section by not later than 180 days after the date of the enactment of this Act.

SEC. 532. Manning of Forward Deployed Naval Forces.

Commencing not later than October 1, 2019, the Secretary of the Navy shall implement a policy to man ships homeported overseas (commonly referred to as “Forward Deployed Naval Forces”) at manning levels not less than the levels established for each ship class or type of unit, including any adjustments resulting from as a result of changes from actions in connection with section 531, relating to an assessment of the Navy standard workweek and related adjustments.

SEC. 533. Navy watchstander records.

(a) In general.—The Secretary of the Navy shall require that, commencing not later than 180 days after the date of the enactment of this Act, key watchstanders on Navy surface ships shall maintain a career record of watchstanding hours and specific operational evolutions.

(b) Key watchstander defined.—In this section, the term “key watchstander” means each of the following:

(1) Officer of the Deck.

(2) Any other officer specified by the Secretary for purposes of this section.

SEC. 534. Qualification experience requirements for certain Navy watchstations.

(a) In general.—Not later than 90 days after the date the of enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy of individual training for certain watchstations, including any planned or recommended changes in qualification standards for such watchstations.

(b) Watchstations.—The watchstations covered by the report required by subsection (a) are the following:

(1) Officer of the Deck.

(2) Combat Information Center Watch Officer.

(3) Tactical Action Officer.

SEC. 535. Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces.

(a) Repeal.—Section 1553(a) of title 10, United States Code, is amended by striking the second sentence.

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

SEC. 536. Treatment of claims relating to military sexual trauma in correction of military records and review of discharge or dismissal proceedings.

(a) Correction of military records.—

(1) IN GENERAL.—Subsection (h) of section 1552 of title 10, United States Code, is amended in paragraphs (1) and (2)(B), by striking “post-traumatic stress disorder or traumatic brain injury” and inserting “post-traumatic stress disorder, traumatic brain injury, or military sexual trauma”.

(2) QUARTERLY REPORTS.—Subsection (i)(1) of such section is amended by inserting “, or an experience of military sexual trauma,” after “traumatic brain injury”.

(b) Review of discharge or dismissal.—Section 1553(d) of such title is amended—

(1) by striking “or traumatic brain injury” each place it appears (other than the second place it appears in paragraph (3)(B)) and inserting “, traumatic brain injury, or military sexual trauma”; and

(2) in paragraph (3)(B), by inserting “and” before “whose” the second place it appears.

subtitle DMilitary Justice Matters

SEC. 541. Punitive article on domestic violence under the Uniform Code of Military Justice.

(a) Punitive article.—

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

§ 928b. Art. 128b. Domestic violence

“(a) In general.—Any person who—

“(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;

“(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—

“(A) commits an offense under this chapter against any person; or

“(B) commits an offense under this chapter against any property, including an animal;

“(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;

“(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or

“(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating;

shall be punished as a court-martial may direct.

“(b) Definitions.—In this section (article):

“(1) IMMEDIATE FAMILY.—The term ‘immediate family’, with respect to an accused, means a spouse, parent, brother or sister, child of the accused, a person to whom the accused stands in loco parentis, and any other person who lives in the household involved and is related by blood or marriage to the accused.

“(2) INTIMATE PARTNER.—The term ‘intimate partner’, with respect to an accused, means—

“(A) a former spouse of the accused;

“(B) a person who has a child in common with the accused;

“(C) a person who cohabits or has cohabited as a spouse with the accused; or

“(D) a person who is or has been in a social relationship of a romantic or intimate nature with the accused, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the person and the accused.

“(3) PROTECTION ORDER.—The term ‘protection order’ means—

“(A) a military protective order enforceable under section 890 of this title (article 90); or

“(B) a protection order, as defined in section 2266 of title 18 and, if issued by a State, Indian tribal, or territorial court, is in accordance with the standards specified in section 2265 of such title.

“(4) STRANGLING.—The term ‘strangling’ means intentionally or knowingly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether the impeding results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

“(5) SUFFOCATING.—The term ‘suffocating’ means intentionally or knowingly impeding the normal breathing of a person by covering the mouth or the nose, regardless of whether the impeding results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

“(6) VIOLENT OFFENSE.—The term ‘violent offense’ means a violation of any of the provisions of this chapter as follows:

“(A) Section 918 of this title (article 118).

“(B) Section 919(a) of this title (article 119(a)).

“(C) Section 919a of this title (article 119a).

“(D) Section 920 of this title (article 120).

“(E) Section 920b of this title (article 120b).

“(F) Section 922 of this title (article 122).

“(G) Section 925 of this title (article 125).

“(H) Section 926 of this title (article 126).

“(I) Section 928 of this title (article 128).

“(J) Section 928a of this title (article 128a).

“(K) Section 930 of this title (article 130).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 928a (article 128a) the following new item:

“928b. 128b. Domestic violence.”.

(b) Effective date.—The amendments made by this section shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).

SEC. 542. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice.

(a) In general.—Subsection (b) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended—

(1) in paragraph (1), by striking “or” at the end;

(2) in paragraph (2), by adding “or” after the semicolon; and

(3) by inserting after paragraph (2) the following new paragraph:

“(3) who commits an assault by strangulation or suffocation;”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2954) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).

SEC. 543. Authorities of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Section 546 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended—

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

“(d) Authorities.—

“(1) HEARINGS.—The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section.

“(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request by the chair of the Advisory Committee, a department or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section.”.

SEC. 544. Protective orders against individuals subject to the Uniform Code of Military Justice.

(a) Protective orders.—

(1) IN GENERAL.—Subchapter II of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 809 (article 9) the following new section (article):

§ 809a. Art. 9a. Protective orders

“(a) Issuance authorized.—

“(1) IN GENERAL.—In accordance with such regulations as the President may prescribe and subject to the provisions of this section, upon proper application therefor pursuant to subsection (b), a military judge or military magistrate may issue the following:

“(A) A protective order described in subsection (c) on an emergency basis against a person subject to this chapter.

“(B) A protective order described in subsection (c), other than a protective order on an emergency basis, against a person subject to this chapter.

“(2) OTHER PROTECTIVE ORDERS.—Nothing in this section may be construed as limiting or altering any authority of a military judge or military magistrate to issue a protective order, other than a protective order described in subsection (c), against a person subject to this chapter under any other provision of law or regulation.

“(b) Application.—

“(1) IN GENERAL.—Application for a protective order under this section shall be made in accordance with such requirements and procedures as the President shall prescribe. Such requirements and procedures shall, to the extent practicable, conform to the requirements and procedures generally applicable to applications for protective orders in civilian jurisdictions of the United States.

“(2) ELIGIBILITY.—Application for a protective order may be made by any individual. The regulations prescribed for purposes of this section may not limit eligibility for application to judge advocates or other attorneys or to military commanders or other members of the armed forces.

“(c) Protective orders.—

“(1) IN GENERAL.—A protective order described in this subsection is an order that—

“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with another person who stands in relation to the person as described in subsection (d)(8) or (g)(8) of section 922 of title 18, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person; and

“(B) by its terms, explicitly prohibits—

“(i) the use, attempted use, or threatened use of physical force by the person against another person who stands in relation to the person as described in subsection (d)(8) or (g)(8) of section 922 of title 18 that would reasonably be expected to cause bodily injury;

“(ii) the initiation by the person restrained of any contact or communication with such other person; or

“(iii) actions described by both clauses (i) and (ii).

“(2) DEFINITIONS.—In this subsection:

“(A) The term ‘contact’ includes contact in person or through a third party, or through gifts,

“(B) The term ‘communication’ includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.

“(d) Due process.—

“(1) PROTECTION OF DUE PROCESS.—Except as provided in paragraph (2), a protective order described in subsection (c) may only be issued after the person to be subject to the order has received such notice and opportunity to be heard on the order as the President shall prescribe.

“(2) EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe.

“(e) Nature and scope of protective orders.—The President shall prescribe any requirements or limitations applicable to nature and scope of protective orders described in subsection (c), including requirements and limitations relating to the following:

“(1) The duration of protective orders on an emergency basis, and of other protective orders.

“(2) The scope of protective orders on an emergency basis, and of other protective orders.

“(f) Command matters.—

“(1) DELIVERY TO COMMANDER.—A copy of a protective order described in subsection (c) against a member of the armed forces shall be provided to such commanding officer in the chain of command of the member as the President shall prescribe for purposes of this section.

“(2) INCLUSION IN PERSONNEL FILE.—Any protective order described in subsection (c) against a member shall be placed and retained in the military personnel file of the member.

“(3) NOTICE TO CIVILIAN LAW ENFORCEMENT OF ISSUANCE.—Any protective order described in subsection (c) against a member shall be treated as a military protective order for purposes of section 1567a of this title, including for purposes of mandatory notification of issuance to civilian law enforcement as required by that section.

“(4) AUTHORITY OF COMMANDING OFFICERS.—Nothing in this section may be construed as prohibiting a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order described in subsection (c) to or against members of the officer's command.

“(g) Delivery to certain persons.—A physical copy of any protective order described in subsection (c) shall be provided, as soon as practicable after issuance, to the following:

“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.

“(2) The person subject to the protective order.

“(h) Enforcement.—A protective order described in subsection (c) shall be enforceable by a military judge or military magistrate under such rules, and subject to such requirements and limitations, as the President shall prescribe.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 47 of such title is amended by inserting after the item relating to section 809 (article 9) the following new item:

(b) Authority of military magistrates.—

(1) IN GENERAL.—Section 826a(b) of title 10, United States Code (article 26a(b) of the Uniform Code of Military Justice), is amended by striking “819 or 830a of this title (article 19 or 30a)” and inserting “809a, 819, or 830 of this title (article 9a, 19, or 30a)”.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on January 1, 2019, immediately after the coming into effect pursuant to section 5542 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967; 10 U.S.C. 801 note) of the amendment made by section 5185 of the Military Justice Act of 2016 (130 Stat. 2902), to which the amendment made by paragraph (1) relates.

SEC. 545. Expansion of eligibility for Special Victims' Counsel services.

(a) In general.—Subsection (a) of section 1044e of title 10, United States Code, is amended by striking “alleged sex-related offense” each place it appears and inserting “alleged covered violence offense”.

(b) Types of legal assistance authorized.—Subsection (b) of such section is amended—

(1) by striking “the alleged sex-related offense” each place it appears and inserting “the alleged covered violence offense”; and

(2) in paragraph (3), by inserting “if and as applicable,” after “or domestic abuse advocate,”.

(c) Availability of SVCs.—Such section is further amended—

(1) in subsection (b)(10), by striking “subsection (h)” and inserting “subsection (j)”;

(2) by redesignating subsections (g) and (h) as subsections (i) and (j), respectively;

(3) in subsection (f)—

(A) by striking the subsection heading and inserting “Availability of SVCs in connection with sex-related offenses.—”; and

(B) in paragraph (1), by inserting “an alleged covered violence offense that is” before “an alleged sex-related offense” the first place it appears; and

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

“(g) Availability of SVCs in connection with domestic violence offenses.—(1) An individual described in subsection (a)(2) who is the victim of an alleged covered violence offense that is an alleged domestic violence offense shall be offered the option of receiving assistance from a Special Victims' Counsel upon report of an alleged domestic violence offense or at the time the victim seeks assistance from a Family Advocate, a domestic violence victim advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

“(2) Paragraphs (2) and (3) of subsection (f) shall apply to the availability of Special Victims' Counsel under this subsection to victims of an alleged domestic violence offense.

“(h) Availability of SVCs in connection with other covered violence offenses.—An individual described in subsection (a)(2) who is the victim of an alleged covered violence offense (other than an alleged offense covered by subsection (f) or (g)) shall be offered the option of receiving assistance from a Special Victims' Counsel upon report of such alleged covered violence offense or at the time the victim seeks assistance from a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.”.

(d) Definitions.—Subsection (i) of such section, as redesignated by subsection (c)(2) of this section, is further amended to read as follows:

“(i) Definitions.—In this section:

“(1) ALLEGED COVERED VIOLENCE OFFENSE.—The term ‘alleged covered violence offense’ means any allegation of the following:

“(A) A violation of section 918, 919, 919a, 920, 920b, 925, 928a, or 930 of this title (article 118, 119, 119a, 120, 120b, 125, 128a, or 130 of the Uniform Code of Military Justice).

“(B) A violation of subsection (b) of section 928 of this title (article 128 of the Uniform Code of Military Justice), if the offense was aggravated.

“(C) A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged covered violence offense for purposes of this section.

“(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(E) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(F) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

“(2) ALLEGED DOMESTIC VIOLENCE OFFENSE.—The term ‘alleged domestic violence offense’ means any allegation of the following:

“(A) A violation of section 919b of this title (article 119b of the Uniform Code of Military Justice).

“(B) A violation of section 920, 928 (if the offense was aggravated), or 930 of this title (article 120, 128, or 130 of the Uniform Code of Military Justice) in which the victim of the violation is a spouse or other intimate partner of the accused or a child of the spouse or other intimate partner of the accused and the accused.

“(C) A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged domestic violence offense for purposes of this section.

“(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(E) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(F) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

“(3) ALLEGED SEX-RELATED OFFENSE.—The term ‘alleged sex-related offense’ means any allegation of the following:

“(A) A violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).

“(B) A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged sex-related offense for purposes of this section.

“(C) An attempt to commit an offense specified in subparagraph (A) or (B) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(D) A conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(E) A solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).”.

(e) Conforming and clerical amendments.—

(1) HEADING AMENDMENT.—The heading of such section is amended to read as follows:

§ 1044e. Special Victims' Counsel: victims of sex-related offenses, domestic violence offenses, and other violence offenses”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1044e and inserting the following new item:

(f) Effective date.—

(1) IN GENERAL.—The amendments made by this section shall take effect on such date after January 1, 2019, as the President shall specify for purposes of this section.

(2) DATE SPECIFIED.—In specifying a date for purposes of paragraph (1), the President shall specify a date that permits the Secretaries concerned and the Armed Forces the opportunity to assess and properly allocate the personnel and other resources required to fully implement and carry out the amendments made by this section.

(3) IMPLEMENTATION ACTIVITIES.—During the period beginning on the date of the enactment of this Act and ending on the date specified for purposes of paragraph (1), the Secretaries concerned and the Armed Forces shall—

(A) establish mechanisms to ensure that a priority is afforded in the discharge of duties of Special Victims' Counsel under the amendments made by this section to serious cases of child abuse and other domestic violence (including cases involving aggravated assault and serious neglect that could result in serious injury or death); and

(B) strongly consider the advisability of employing civilians to perform duties of Special Victims' Counsel in the matters covered by the amendments in the event the number of military Special Victims' Counsel is insufficient for the full and effective discharge of such duties.

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

SEC. 546. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review.

(a) In general.—Section 950f(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3) shall expire on the earlier of the date on which—

“(A) the judge leaves active duty; or

“(B) the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.”.

(b) Applicability.—The amendment made by subsection (a) shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enactment of this Act and each judge assigned or appointed to that court on or after such date.

SEC. 547. Expansion of policies on expedited transfer of members of the Armed Forces who are victims of sexual assault.

(a) Eligibility of additional members for transfer.—The Secretary of Defense shall modify section 105.9 of title 32, Code of Federal Regulations, and any other regulations and policy of the Department of Defense applicable to the expedited transfer of members of the Armed Forces who allege they are a victim of sexual assault, in order to provide that a member of the Armed Forces described in subsection (b) is eligible for expedited transfer under such regulations and policy in connection with an allegation as described in that paragraph.

(b) Covered members.—A member of the Armed Forces described in this subsection is any member as follows:

(1) A member who is an alleged victim of sexual assault committed by the spouse or intimate partner of the member, which spouse or intimate partner is not a member of the Armed Forces.

(2) A member who is an alleged victim of physical domestic violence (other than sexual assault) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces.

(c) Physical domestic violence.—In carrying out subsection (a), the Secretary shall prescribe the offenses or other actions constituting physical domestic violence for purposes of subsection (b)(2).

SEC. 548. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces.

(a) Uniform form required.—The Secretary of Defense shall establish a uniform command action form, applicable across the Armed Forces, for reporting the final disposition of cases of sexual assault in which—

(1) the alleged offender is a member of the Armed Forces; and

(2) the victim files an unrestricted report on the alleged assault.

(b) Elements.—The form required by subsection (a) shall provide for the inclusion of information on the following:

(1) The final disposition of the case.

(2) Appropriate demographic information on the victim and the alleged offender.

(3) The status of the alleged offender as of final disposition of the case.

(4) Whether the victim received assistance from a Special Victims' Counsel in connection with the case.

(5) Whether the victim was disciplined for any collateral misconduct in connection with the case.

(6) The number of years working in a criminal justice litigation billet of any trial counsel who prosecuted or otherwise consulted on the case.

SEC. 549. Inclusion of information on certain collateral conduct of victims of sexual assault in annual reports on sexual assault involving members of the Armed Forces.

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

“(13) Information on the frequency with which individuals who were identified as victims of sexual assault in case files of military criminal investigative organizations were also accused of or punished for misconduct or crimes considered collateral to the sexual assault under investigation by such organizations, including the type of misconduct or crime and the punishment, if any, received.”.

subtitle EMember Education, Training, Transition, and Resilience

SEC. 551. Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations.

(a) In general.—Section 2007(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) Any active duty service obligation of a commissioned officer under this subsection shall be served consecutively with any other service obligation of the officer (whether active duty or otherwise) under any other provision of law.”.

(b) Effective date.—The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to agreements for the payment of tuition for off-duty training or education that are entered into on or after that date.

SEC. 552. Consecutive service of active service obligations for medical training with other service obligations for education or training.

(a) Uniformed Services University of the Health Sciences.—Section 2114(d) of title 10, United States Code, is amended—

(1) by inserting “(1)” after “(d)”; and

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

“(2) A commissioned service obligation incurred as a result of participation in a military intern, residency, or fellowship training program shall be served consecutively with the commissioned service obligation imposed by this section and by any other provision of this title for education or training.”.

(b) Health Professions Scholarship and Financial Assistance Program.—Section 2123(b) of such title is amended—

(1) by inserting “(1)” after “(b)”; and

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

“(2) A commissioned service obligation incurred as a result of participation in a military intern, residency, or fellowship training program shall be served consecutively with the active duty obligation imposed by this section and by any other provision of this title for education or training.”.

(c) Effective date.—The amendments made by this section shall apply to individuals beginning participation in a military intern, residency, or fellowship training program on or after January 1, 2020.

SEC. 553. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve.

(a) In general.—Paragraph (2)(B) of section 1154(d) of title 10, United States Code, is amended—

(1) by inserting “(A)(iii),” after “A(i),”;

(2) by inserting “transferred to the Retired Reserve, or” after “member is retired,”; and

(3) by striking “separated,” and inserting “separated”.

(b) Conforming amendments.—The second sentence of paragraph (3)(D) of such section is amended—

(1) by inserting “, the transfer of the member to the Retired Reserve,” after “retirement of the member”; and

(2) by inserting “transfer,” after “after the retirement,”.

SEC. 554. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

(a) Prohibition.—None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

(b) Senior level and intermediate level officer professional military education courses defined.—In this section, the term “senior level and intermediate level officer professional military education courses” means any course offered by a school specified in section 2151(b) of title 10, United States Code.

(c) Repeal of superseded limitation.—

(1) IN GENERAL.—Section 547 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is repealed.

(2) PRESERVATION OF CERTAIN REPORTING REQUIREMENT.—The repeal in paragraph (1) shall not be interpreted to terminate the requirement of the Comptroller General of the United States to submit the report required by subsection (c) of section 547 of the National Defense Authorization Act for Fiscal Year 2018.

SEC. 555. Repeal of program on encouragement of postseparation public and community service.

(a) Repeal.—

(1) IN GENERAL.—Section 1143a of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1143a.

(b) Conforming amendments.—Section 1144(b) of such title is amended—

(1) by striking paragraph (8); and

(2) by redesignating paragraphs (9), (10), and (11) as paragraphs (8), (9), and (10), respectively.

SEC. 556. Expansion of authority to assist members in obtaining professional credentials.

Section 2015 of title 10, United States Code, is amended—

(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

“(b) Professional credentials not related to military training and skills.—Under the program required by this section, the Secretary of Defense, and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may enable members of the armed forces to obtain, while serving in the armed forces, professional credentials for which such members are other otherwise qualified that do not relate to military training and skills if such Secretary determines that such action is in the best interests of the United States.”.

SEC. 557. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

(a) Flexibility in authorities for management of programs and units.—

(1) IN GENERAL.—Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2034. Flexibility in authorities for management of programs and units

“(a) Authority To convert otherwise closing units to National Defense Cadet Corps program units.—If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.

“(b) Flexibility in administration of instructors.—

“(1) IN GENERAL.—The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.

“(2) ELEMENTS.—The initiatives undertaken pursuant to this subsection may provide for one or more of the following:

“(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.

“(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.

“(C) Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.

“(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.

“(E) Such other actions as the Secretaries of the military departments consider appropriate.

“(c) Flexibility in allocation and use of travel funding.—The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.

“(d) Standardization of program data.—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:

(b) Authority for additional units.—The Secretaries of the military departments may, using amounts authorized to be appropriated by this Act and available in the funding tables in sections 4301 and 4401 for purposes of the Junior Reserve Officers' Training Corps programs, establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.

subtitle FDefense Dependents' Education and Military Family Readiness Matters

PART IDefense Dependents' Education Matters

SEC. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2019 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 562. Impact aid for children with severe disabilities.

(a) In general.—Of the amount authorized to be appropriated for fiscal year 2019 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

(b) Use of certain amount.—Of the amount available under subsection (a) for payments as described in that subsection, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.

SEC. 563. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools.

(a) Applicability of title IX protections.—The provisions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as “title IX”) with respect to education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA).

(b) Policies and procedures.—Not later than March 31, 2019, the Department of Defense Education Activity shall establish policies and procedures to protect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the protections afforded under title IX.

(c) Elements.—The policies and procedures required by subsection (b) shall include, at a minimum, the following:

(1) A policy addressing sexual harassment of students at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX.

(2) A procedure by which—

(A) a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and

(B) such a student or parent may appeal the decision of the school regarding such complaint.

(3) A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school.

(4) Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures.

(5) Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices.

(6) Reporting and recordkeeping requirements designed to ensure that—

(A) complaints of sexual harassment at schools of the Activity are handled—

(i) with professionalism and consistency; and

(ii) in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and

(B) appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.

PART IIMilitary Family Readiness Matters

SEC. 566. Improvement of authority to conduct family support programs for immediate family members of the Armed Forces assigned to special operations forces.

(a) Costs of participation of family members in programs.—Section 1788a of title 10, United States Code, is amended—

(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Costs of family member participation.—In carrying out family support programs under this section, the Commander may also pay, or reimburse immediate family members, for transportation, food, lodging, child care, supplies, fees, and training materials in connection with the participation of family members in such programs.”.

(b) Funding.—Subsection (d) of such section, as redesignated by subsection (a)(1) of this section, is amended—

(1) by striking “up to $5,000,000” and inserting “up to $10,000,000”; and

(2) by inserting before the period the following: “, including payment of costs of participation in such programs as authorized by subsection (c)”.

(c) Technical amendment.—Paragraph (3) of subsection (f) of such section, as so redesignated, is amended by striking “section 167(i)” and inserting “section 167(j)”.

SEC. 567. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.

(a) In general.—Under regulations prescribed by the Secretary of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date of the retirement, discharge, or release, as applicable, of such individual.

(b) Information to families.—The Secretary shall, in such manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program.

SEC. 568. Expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

(a) Expansion To include all spouses of members of the Armed Forces on active duty.—Section 3330d of title 5, United States Code, is amended—

(1) in subsection (a)—

(A) by striking paragraphs (3), (4), and (5); and

(B) by redesignating paragraph (6) as paragraph (3);

(2) by striking subsections (b) and (c) and inserting the following new subsection (b):

“(b) Appointment authority.—The head of an agency may appoint noncompetitively—

“(1) a spouse of a member of the Armed Forces on active duty; or

“(2) a spouse of a disabled or deceased member of the Armed Forces.”;

(3) by redesignating subsection (d) as subsection (c); and

(4) in subsection (c), as so redesignated, by striking “subsection (a)(6)” in paragraph (1) and inserting “subsection (a)(3)”.

(b) Heading amendment.—The heading of such section is amended to read as follows:

§ 3330d. Appointment of military spouses”.

(c) Clerical amendment.—The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3330d and inserting the following new item:

SEC. 569. Improvement of My Career Advancement Account program for military spouses.

(a) Outreach on availability of program.—

(1) IN GENERAL.—The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advancement Account (MyCAA) program of the Department of Defense are, to the extent practicable, made aware of the program.

(2) COMPTROLLER GENERAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding the following:

(A) Mechanisms to increase awareness of the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(B) Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(b) Training for installation career counselors on program.—The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses.

SEC. 570. Access to military installations for certain surviving spouses and other next of kin of members of the Armed Forces who die while on active duty or certain reserve duty.

(a) Procedures for access of surviving spouses required.—The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which an eligible surviving spouse may obtain unescorted access, as appropriate, to military installations in order to receive benefits to which the eligible surviving spouse may be entitled by law or policy.

(b) Eligible surviving spouse.—

(1) IN GENERAL.—In this section, the term “eligible surviving spouse” means an individual who—

(A) is a surviving spouse of a member of the Armed Forces who dies while serving—

(i) on active duty; or

(ii) on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section; and

(B) has guardianship of one or more dependent children of such member.

(2) STATUS NOT EFFECTED BY REMARRIAGE.—An individual is an eligible surviving spouse for purposes of this section without regard to whether the individual remarries after the death of the member concerned.

(c) Procedures for access of next of kin authorized.—

(1) IN GENERAL.—The Secretary of Defense, acting jointly with the Secretary of Homeland Security, may establish procedures by which the next of kin of a deceased member of the Armed Forces, in addition to an eligible surviving spouse, may obtain access to military installations for such purposes and under such conditions as the Secretaries jointly consider appropriate.

(2) NEXT OF KIN.—If the Secretaries establish procedures pursuant to paragraph (1), the Secretaries shall jointly specify the individuals who shall constitute next of kin for purposes of such procedures.

(d) Considerations.—Any procedures established under this section shall—

(1) be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;

(2) minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;

(3) take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and

(4) take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.

(e) Deadline.—The procedures required by subsection (a) shall be established by the date that is not later than one year after the date of the enactment of this Act.

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

(a) Member matters.—

(1) MEMBERSHIP.—Paragraph (1)(B) of subsection (b) of section 1781a of title 10, United States Code, is amended—

(A) in clause (i), by striking “a member of the armed force to be represented” and inserting “a member or civilian employee of the armed force to be represented”; and

(B) by striking clause (ii) and inserting the following new clause (ii):

“(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.”.

(2) TERMS.—Paragraph (2) of such subsection is amended—

(A) in subparagraph (A)—

(i) in the first sentence, by striking “clauses (i) and (iii) of”; and

(ii) by striking the second sentence; and

(B) in subparagraph (B), by striking “three years” and inserting “two years”.

(b) Duties.—Subsection (d) of such section is amended—

(1) in paragraph (2), by striking “military family readiness by the Department of Defense” and inserting “military family readiness programs and activities of the Department of Defense”; and

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

“(4) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries.”.

(c) Annual reports.—Subsection (e) of such section is amended by striking “February 1” and inserting “July 1”.

(d) Effective date.—

(1) IN GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this Act.

(2) APPLICABILITY OF MEMBERSHIP AND TERM AMENDMENTS.—The amendments made by subsection (a) shall apply to members of the Department of Defense Military Family Readiness Council appointed after the date of the enactment of this Act.

SEC. 572. Multidisciplinary teams for military installations on child abuse and other domestic violence.

(a) Multidisciplinary teams required.—

(1) IN GENERAL.—Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisciplinary teams on child abuse and other domestic violence for the purposes specified in subsection (b).

(2) SINGLE TEAM FOR PROXIMATE INSTALLATIONS.—A single multidiscipinary team described in paragraph (1) may be established and maintained under this subsection for two or more military installations in proximity with one another if the Secretary concerned determines, in consultation with the Secretary of Defense, that a single team for such installations suffices to carry out the purposes of such teams under subsection (b) for such installations.

(b) Purposes.—The purposes of each multidisciplinary team maintained pursuant to subsection (a) shall be as follows:

(1) To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installations.

(2) To provide for and enhance collaborative efforts among such team and other appropriate personnel of the installation or installations regarding investigations into and resolutions of such incidents.

(3) To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents

(4) To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appropriate for such purposes.

(c) Personnel.—

(1) IN GENERAL.—Each multidisciplinary team maintained pursuant to subsection (a) shall be composed of the following:

(A) One or more judge advocates.

(B) Appropriate personnel of one or more military criminal investigation services.

(C) Appropriate mental health professionals.

(D) Appropriate medical personnel.

(E) Family advocacy case workers.

(F) Such other personnel as the Secretary or Secretaries concerned consider appropriate.

(2) EXPERTISE AND TRAINING.—Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims' crimes, including child abuse and other domestic violence.

(d) Coordination and collaboration with non-military resources.—

(1) USE OF COMMUNITY RESOURCES SERVING INSTALLATIONS.—In providing under this section for a multidisciplinary team for a military installation or installations that benefit from services or resources on child abuse or other domestic violence that are provided by civilian entities in the vicinity of the installation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in providing for the composition and duties of the team.

(2) BEST PRACTICES.—The Secretaries concerned shall take appropriate actions to ensure that multidisciplinary teams maintained pursuant to subsection (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents.

(3) COLLABORATION.—In providing for the enhancement of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with appropriate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families.

(e) Annual reports.—Not later than March 1 of each of 2020 through 2022, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the jurisdiction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following:

(1) A summary description of the activities of the multidisciplinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achievements of such teams.

(2) A description of any impediments to the effectiveness of such teams.

(3) Such recommendations for legislative or administrative action as such Secretary considers appropriate in order to improve the effectiveness of such teams.

(4) Such other matters with respect to such teams as such Secretary considers appropriate.

(f) Secretary concerned.—

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

(2) USAGE WITH RESPECT TO MULTIPLE INSTALLATIONS.—For purposes of this section, any reference to “Secretary concerned” with respect to a single multidisciplinary team established and maintained pursuant to subsection (a) for two or more military installations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly.

SEC. 573. Provisional or interim clearances to provide childcare services at military childcare centers.

(a) In general.—The Secretary of Defense shall implement a policy to permit the issuance on a provisional or interim basis of clearances for the provision of childcare services at military childcare centers.

(b) Elements.—The policy required by subsection (a) shall provide for the following:

(1) Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis as the Secretary considers appropriate.

(2) Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance as the Secretary considers appropriate.

(c) Clearance defined.—In this section, the term “clearance”, with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate background checks and other review, to provide childcare services to children at a military childcare center of the Department of Defense.

SEC. 574. Pilot program on prevention of child abuse and training on safe childcare practices among military families.

(a) Pilot program.—

(1) IN GENERAL.—The Secretary of Defense shall, acting through the Defense Health Agency, carry out a pilot program on universal home visits for purposes of providing eligible covered beneficiaries and their families training on safe childcare practices aimed at reducing child abuse and fatalities due to abuse and neglect, assessments of risk factors for child abuse, and connections with community resources to meet identified needs.

(2) SCOPE.—The pilot program shall be designed to facilitate connections between covered beneficiaries and their families and community resources (including existing resources provided by the Armed Forces). The pilot program, including the practices covered by training pursuant to the pilot program, shall conform to evidence-based scientific criteria, including criteria available through publications in peer-reviewed scientific journals.

(3) ELEMENTS.—The pilot program shall include the following:

(A) Between one and three home visits, and not more than seven other contacts, except in unusual cases (such as deployments), with such home visits by a team led by a nurse, whenever practicable, to provide screening, community resource referral, and training to eligible covered beneficiaries and their families on the following:

(i) General maternal and infant health.

(ii) Safe sleeping environments.

(iii) Feeding and bathing.

(iv) Adequate supervision.

(v) Common hazards.

(vi) Self-care.

(vii) Recognition of post-partum depression, substance abuse, and domestic violence in a mother or her partner and community violence.

(viii) Skills for management of infant crying.

(ix) Other positive parenting skills and practices.

(x) The importance of participating in ongoing healthcare for an infant and in ongoing healthcare for post-partum depression.

(xi) Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, and parenting support.

(xii) Planning for parenting or guardianship of children during deployment.

(xiii) Such other matters as the Secretary considers appropriate.

(B) If a parent is deployed at the time of birth—

(i) the first home visit pursuant to subparagraph (A) shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic means (such as Skype or FaceTime) with the deployed parent; and

(ii) another such home visit shall be conducted upon the return of the parent from deployment, and shall include both parents.

(C) An electronic directory of community resources available to eligible covered beneficiaries and their families in order to assist teams described in subparagraph (A) in connecting beneficiaries and families with such resources.

(D) An electronic integrated data system to—

(i) support teams in referring beneficiaries to the services and resources to be offered under subsection (c)(3) and track beneficiary usage;

(ii) track interactions between teams described in subparagraph (A) and eligible beneficiaries and their families; and

(iii) otherwise evaluate the implementation and effectiveness of the pilot program.

(b) Mandatory participation.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall require all eligible covered beneficiaries at each installation at which the pilot program is being conducted to be contacted by the pilot program under this section.

(2) EXCEPTION.—The Secretary shall encourage participation by both parents of a child in the pilot program, but participation by one parent shall be sufficient to meet the requirement under paragraph (1).

(c) Available services and resources.—

(1) IN GENERAL.—In carrying out the pilot program under this section, the Secretary shall offer services and resources to an eligible covered beneficiary based on the particular needs of the beneficiary and the beneficiary's family.

(2) VOLUNTARY PARTICIPATION.—Participation by an eligible covered beneficiary and family in any service or resource offered under paragraph (1) shall be at the election of the beneficiary.

(3) ASSESSMENT OF ELIGIBLE COVERED BENEFICIARIES.—

(A) IN GENERAL.—In carrying out the pilot program, the Secretary shall conduct, or attempt to conduct, an assessment of every eligible covered beneficiary and beneficiary family participating in the pilot program, regardless of risk factors, to determine which services and resources to offer such beneficiary and family under paragraph (1).

(B) PARTICULAR NEEDS.—In conducting an assessment of an eligible covered beneficiary and family under subparagraph (A), the Secretary shall assess their needs and eligibility for particular services and resources and connect the beneficiary and family to services and resources for which they have a need and are eligible, either within the Department of Defense or elsewhere.

(d) Involvement of medical staff.—

(1) IN GENERAL.—The Secretary shall ensure that the pilot program under this section is conducted by licensed medical staff of the Department of Defense and not family advocacy staff.

(2) HOME VISITS.—

(A) IN GENERAL.—The Secretary shall ensure that the pilot program includes the following:

(i) An initial contact made prenatally (except when not possible, in which case the contact shall occur as soon after birth as possible) by a team described in subsection (a)(3)(A), which shall include screening for the matters specified in that subsection.

(ii) Home visits by a nurse or other licensed medical professional trained in the practices covered by the program at the birth of a child, which visits shall follow a research-based structured clinical protocol and include use of the electronic integrated data described in subsection (a)(3)(D).

(B) TIMING OF VISITS.—The first visits under subparagraph (A)(ii) shall occur between two and five weeks after hospital discharge with appropriate follow-up generally accomplished within two home visits.

(C) DURATION OF VISITS.—Visits under this paragraph shall have a duration between 90 minutes and 2 hours.

(D) FINAL VISIT.—Not later than 45 days after the last visit conducted by a nurse under subparagraph (A)(ii) with respect to an eligible covered beneficiary, appropriate staff shall follow-up with the beneficiary and the beneficiary's family to assess if they are using the services recommended under subsection (c).

(e) Implementation assessments.—

(1) IN GENERAL.—The Secretary shall carry out not fewer than five implementation assessments in accordance with this subsection in order to assess the effectiveness of the elements and requirements of the pilot program.

(2) SCHEDULE.—The implementation assessment required by this subsection shall be completed by not later than two years after the date of the enactment of this Act.

(3) LOCATIONS.—The implementation assessments shall be carried out at not less than five military installations selected by the Secretary for purposes of this subsection. In selecting such installations, the Secretary shall select installations representing a range of circumstances, including installations in an urban location and a rural location, installations with a large population and with a small population, installations currently experiencing high incidence of child abuse, neglect, or both and low incidence of child abuse, neglect, or both, installations with a hospital or clinic and without a hospital or clinic, joint installations, and installations serving only one Armed Force.

(4) ASSESSMENT.—In carrying out the implementation assessments, the Secretary shall seek to obtain an assessment of each of the following:

(A) The ability of nurses or other licensed medical professionals to contact families eligible for participation in the pilot program.

(B) The extent to which families eligible for participation in the program actually participate in the pilot program.

(C) The ability of medical personnel to adhere to the clinical protocols of the pilot program.

(D) The extent to which families participating in the pilot program are being connected to services and resources under the pilot program.

(E) The extent to which families participating in the pilot program are using services and resources under the pilot program.

(f) 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 to be carried out pursuant to this section. The report shall include a comprehensive description of each implementation assessment to be carried out pursuant to subsection (e), including—

(A) the installation at which such implementation assessment is being carried out;

(B) a justification for the selection of such installation for purposes of subsection (e); and

(C) the elements and requirements of the pilot program being carried out through such implementation assessment, including strategy and metrics for evaluating effectiveness.

(2) FINAL REPORT.—Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the committees specified in paragraph (1) a report on the pilot program. The report shall include the following:

(A) A comprehensive description and assessment of each of the implementation assessments under subsection (e).

(B) A comprehensive description and assessment of the pilot program.

(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of pilot program, including recommendations for modifications of the pilot program or extension of the pilot program on an permanent basis at additional locations.

(g) Implementation Defense-wide.—If the Secretary determines as a result of the pilot program that any element of the pilot program is effective, the Secretary shall take appropriate actions to implement the pilot program as a program throughout and across the military installations of the Department.

(h) Definitions.—In this section:

(1) The term “community”, with respect to a military installation, means the catchment area for community services of the installation, including services provided on the installation and services provided by State, county, and local jurisdictions in which the installation is located or in the vicinity of the installation.

(2) The term “eligible covered beneficiary” means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains pre-natal and obstetrical care in a military medical treatment facility in connection with a birth covered by the pilot program.

SEC. 575. Pilot program on participation of military spouses in Transition Assistance Program activities.

(a) Pilot program required.—The Secretary of Defense shall carry out a pilot program to assess the feasability and advisability of permitting military spouses to participate in activities under the Transition Assistance Program (TAP) under section 1144 of title 10, United States Code, on military installations.

(b) Locations.—The Secretary shall carry out the pilot program at not fewer than five military installations selected by the Secretary for purposes of the pilot program.

(c) Duration.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the enactment of this Act.

(d) Participation.—

(1) IN GENERAL.—Under the pilot program, the spouse of a member of the Armed Forces assigned to a military installation at which the pilot program is carried out who is participating in activities under the Transition Assistance Program may participate in such activities under the Program as the spouse considers appropriate, regardless of whether the member is also participating in such activities at the time of the spouse's participation.

(2) ADEQUATE FACILITIES.—The Secretary shall ensure that the facilities for the carrying out of activities under the Transition Assistance Program at each installation at which the pilot program is carried out are adequate to permit the participation in such activities of any spouse of a member of the Armed Forces at the installation who seeks to participate in such activities.

(e) Reports.—

(1) INITIAL REPORT.—Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program, including a comprehensive description of the pilot program.

(2) FINAL REPORT.—Not later than six months after the completion of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. The report shall include the following:

(A) A comprehensive description of the pilot program, including the installations at which the pilot program was carried out and the rates of participation of military spouses in activities under the Transition Assistance Program pursuant to the pilot program.

(B) Such recommendations for extension or expansion of the pilot program, including making the pilot program permanent, as the Secretary considers appropriate in light of the pilot program.

SEC. 576. Small business activities of military spouses on military installations in the United States.

(a) Assessment of small business activities.—The Secretary of Defense shall submit to Congress a report setting forth an assessment of the feasibility and advisability of permitting military spouses to engage in small business activities on military installations in the United States and in partnership with commissaries, exchange stores, and other morale, welfare, and recreation facilities of the Armed Forces in the United States.

(b) Elements.—The assessment shall—

(1) take into account the usage by military spouses of installation facilities, utilities, and other resources in the conduct of small business activities on military installations in the United States and such other matters in connection with the conduct of such business activities by military spouses as the Secretary considers appropriate; and

(2) seek to identify mechanisms to ensure that costs and fees associated with the usage by military spouses of such facilities, utilities, and other resources in connection with such business activities does not meaningfully curtail or eliminate the opportunity for military spouses to profit reasonably from such business activities.

subtitle GDecorations and Awards

SEC. 581. Authorization for award of the Distinguished Service Cross for Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

(a) Authorization.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 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 during Operation Enduring Freedom described in subsection (b).

(b) Action described.—The acts of valor referred to in subsection (a) are the actions of Justin T. Gallegos on October 3, 2009, while serving in the grade of Staff Sergeant in Afghanistan while serving with B Troop, 3d Squadron, 61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.

SEC. 582. Award of medals or other commendations to handlers of military working dogs.

(a) Program of award required.—Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(b) Medals and commendations.—Any medal or commendation awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(c) Presentation and acceptance.—Any medal or commendation awarded pursuant to a program under subsection (a) may be presented to and accepted by the handler concerned on behalf of the handler and the military working dog concerned.

(d) Regulations.—Medals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

subtitle HOther Matters

SEC. 591. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of military service.

(a) In general.—Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2568a. Damaged personal protective equipment: award to members separating from the armed forces and veterans

“The Secretary of a military department may award to a member of the armed forces under the jurisdiction of the Secretary who is separating from the armed forces, and to any veteran formerly under the jurisdiction of the Secretary, demilitarizied personal protective equipment (PPE) of the member or veteran that was damaged in combat or otherwise during the deployment of the member or veteran. The award of equipment under this section shall be without cost to the member or veteran concerned.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 152 of such title is amended by adding at the end the following new item:

SEC. 592. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies.

Section 9355 of title 10, United States Code, is amended by striking subsection (d) and inserting the following new subsection:

“(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.”.

SEC. 593. Redesignation of the Commandant of the United States Air Force Institute of Technology as the President of the United States Air Force Institute of Technology.

(a) Redesignation.—Section 9314b(a) of title 10, United States Code, is amended—

(1) in subsection heading, by striking “Commandant” and inserting “President”;

(2) by striking “Commandant” each place it appears and inserting “President”; and

(3) in the heading of paragraph (3), by striking “commandant” and inserting “president”.

(b) References.—Any reference in any law, regulation, map, document, paper, or other record of the United States to the Commandant of the United States Air Force Institute of Technology shall be deemed to be a reference to the President of the United States Air Force Institute of Technology.

SEC. 594. Limitation on justifications entered by military recruiters for enlistment or accession of individuals into the Armed Forces.

(a) In general.—In any case in which a database or system maintained by an Armed Force regarding the reasons why individuals elect to enlist or access into the Armed Force provides for military recruiters to select among pre-specified options for reasons for such election, military recruiters entering data into such database or system may select only among such pre-specified options as reasons for the enlistment or accession of any particular individual.

(b) Military recruiter defined.—In this section, the term “military recruiter” means a person who as the duty to recruit persons into the Armed Forces for military service.

SEC. 595. National Commission on Military, National, and Public Service matters.

(a) Definitions.—Section 551(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2130) is amended—

(1) in paragraph (1), by inserting after “United States Code)” the following: “or active status (as that term is defined in subsection (d)(4) of such section)”;

(2) in paragraph (2)—

(A) by striking “‘national service’” and inserting “‘public service’”; and

(B) by striking “or State Government” and inserting “, State, Tribal, or local government”;

(3) in paragraph (3)—

(A) by striking “‘public service’” and inserting “‘national service’”; and

(B) by striking “employment” and inserting “participation”; and

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

“(4) The term ‘establishment date’ means September 19, 2017.”.

(b) Exception to Paperwork Reduction Act.—Section 555(e) of that Act (130 Stat. 2134) is amended by adding at the end the following new paragraph:

“(4) PAPERWORK REDUCTION ACT.—For purposes of developing its recommendations, the information collection of the Commission may be treated as a pilot project under section 3505(a) of title 44, United States Code. In addition, the Commission shall not be subject to the requirements of section 3506(c)(2)(A) of such title.”.

SEC. 596. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.

Section 985 of title 10, United States Code, is amended—

(1) in subsection (b), by striking “A person who is ineligible” in the matter preceding paragraph (1) and inserting “Except as provided in subsection (c), a person who is ineligible”;

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

“(c) Unclaimed remains of military prisoners.—Subsection (b) shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38, who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains.”.

SEC. 597. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total.

(a) In general.—Subsection (c) of section 2641b of title 10, United States Code, is amended—

(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(2) by inserting after paragraph (3) the following new paragraph (4):

“(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.”.

(b) Conditions and limitations.—Such section is further amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

“(f) Veterans with service-connected disabilities rated as total.—(1) Travel may not be provided under this section to a veteran eligible for travel pursuant to subsection (c)(4) in priority over any member eligible for travel under subsection (c)(1) or any dependent of such a member eligible for travel under this section.

“(2) The authority in subsection (c)(4) may not be construed as affecting or in any way imposing on the Department of Defense, any armed force, or any commercial company with which they contract an obligation or expectation that they will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Department or such armed force to accommodate passengers provided travel under such authority on account of disability.

“(3) The authority in subsection (c)(4) may not be construed as preempting the authority of a flight commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.”.

TITLE VICompensation and Other Personnel Benefits

subtitle APay and Allowances

SEC. 601. Fiscal year 2019 increase in military basic pay.

(a) Waiver of section 1009 adjustment.—The adjustment to become effective during fiscal year 2019 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) Increase in Basic Pay.—Effective on January 1, 2019, the rates of monthly basic pay for members of the uniformed services are increased by 2.6 percent.

SEC. 602. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions.

(a) Repeal.—Section 414 of title 37, United States Code, is amended—

(1) by striking subsection (b); and

(2) by redesignating subsection (c) as subsection (b).

(b) Effective date.—The amendments made by subsection (a) shall take effect on December 31, 2018, and shall apply with respect to personal money allowances payable under section 414 of title 37, United States Code, for years beginning after that date.

SEC. 603. Department of Defense proposal for a pay table for members of the Armed Forces using steps in grade based on time in grade rather than time in service.

(a) Proposal required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a proposal for a pay table for members of the Armed Forces that uses steps in grade for each pay grade based on time of service within such pay grade rather than on time of service in the Armed Forces as a whole.

(b) Comptroller General assessment.—Not later than April 1, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment by the Comptroller General of the proposed pay table required pursuant to subsection (a), including an assessment of the effects of using the proposed pay table, rather than the current pay table for members of the Armed Forces, on recruitment and retention of members of the Armed Forces as a whole and on recruitment and retention of members of the Armed Forces with particular sets of skills (including cyber and other technical skills).

SEC. 604. Financial support for lessors under the Military Housing Privatization Initiative during 2019.

(a) Support authorized.—Subject to subsection (c), for each month during 2019, the Secretary of Defense may pay to a lessor of covered housing up to 2 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 for each member to whom such lessor leases covered housing for such month.

(b) Covered housing.—In this section, the term “covered housing” means a unit of housing—

(1) acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative);

(2) that is leased to a member of a uniformed service who resides in such unit; and

(3) for which the lessor charges such member rent that equals or exceeds the amount calculated under section 403(b)(3)(A) of title 37, United States Code.

(c) Support contingent on notice to Congress.—

(1) IN GENERAL.—The Secretary may not make payments to a lessor for particular covered housing in 2019 authorized by subsection (a) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice on such payments.

(2) ELEMENTS.—The notice on payments to a lessor for particular covered housing in 2019 for purposes of paragraph (1) shall include the following:

(A) A documented request from the lessor for additional funding in connection with such housing and endorsed by the commander of the military installation concerned.

(B) A description of the formula to be used by the Secretary to calculate the amount of such payments.

(C) A description of the current financial condition of the lessor in connection with such housing, including the following:

(i) The current debt coverage ratio of the lessor for such housing.

(ii) An assessment of the lessor’s ability to fund future sustainment costs for such housing in the absence of payments as described in subsection (a).

(iii) An assessment of whether any earnings for the lessor from other covered housing, if any, can offset predicted shortfalls in funding for such housing.

(D) An assessment of the effects, if any, of recent reductions in basic allowance for housing on the financial viability of such housing for the lessor.

(E) A plan to ensure the long-term financial stability of such housing.

(F) A recommendation whether the contract between the lessor and government for such housing area should be retained without modification, or modified, to ensure long-term financial viability of such housing.

SEC. 605. Modification of authority of President to determine alternative pay adjustment in annual basic pay of members of the uniformed services.

(a) Modification.—Section 1009(e) of title 37, United States Code, is amended—

(1) in paragraph (1), by striking “or serious economic conditions affecting the general welfare”;

(2) by striking paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and—

(1) if the date of the enactment of this Act occurs before September 1 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after such year; and

(2) if the date of the enactment of this Act occurs after August 31 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after the year following such year.

SEC. 606. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations.

Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting after “under” the first place it appears the following: “section 12304b of title 10 or”.

SEC. 607. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard.

Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after “under” the following: “section 12304b of title 10 or”.

SEC. 608. Temporary adjustment in rate of basic allowance for housing following identification of significant underdetermination of civilian housing costs for housing areas.

Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:

“(8)(A) Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or portion of a military housing area if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differ from such current rates of basic allowance for housing by an amount in excess of 20 percent of such current rates of basic allowance for housing.

“(B) Any temporary increase in rates of basic allowance for housing under this paragraph shall remain in effect only until the next annual adjustment in rates of basic allowance for housing under this subsection by law.

“(C) This paragraph shall cease to be effective on December 31, 2019.”.

subtitle BBonuses and Special and Incentive Pays

SEC. 611. One-year extension of certain expiring bonus and special pay authorities.

(a) 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.

(b) 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”.

(c) 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.

(d) 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”.

(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 CDisability Pay, Retired Pay, and Survivor Benefits

SEC. 621. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments.

(a) Months for which adjustment applicable.—Paragraph (2) of section 1450(m) of title 10, United States Code, is amended—

(1) in subparagraph (I), by striking “December” and inserting “November”; and

(2) in subparagraph (J), by striking “for months during any calendar year after 2018” and inserting “for months after November 2018”.

(b) Cost of living adjustment.—Paragraph (6) of such section is amended—

(1) in the paragraph heading, by striking “after 2018” and inserting “after November 2018”; and

(2) by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

“(A) IN GENERAL.—Whenever retired pay is increased for a month under section 1401a of this title (or any other provision of law), the amount of the allowance payable under paragraph (1) for that month shall also be increased.

“(B) AMOUNT OF INCREASE.—With respect to an eligible survivor of a member of the uniformed services, the increase for a month shall be—

“(i) the amount payable pursuant to paragraph (2) for months during the preceding 12-month period; plus

“(ii) an amount equal to a percentage of the amount determined pursuant to clause (i), which percentage is the percentage by which the retired pay of the member would have increased for the month, as described in subparagraph (A), if the member was alive (and otherwise entitled to such pay).

“(C) ROUNDING DOWN.—The monthly amount of an allowance payable under this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

“(D) PUBLIC NOTICE ON AMOUNT OF ALLOWANCE PAYABLE.—Whenever an increase in the amount of the allowance payable under paragraph (1) is made pursuant to this paragraph, the Secretary of Defense shall publish the amount of the allowance so payable by reason of such increase, including the months for which payable.”.

(c) Effective date.—The amendments made by this section shall take effect on December 1, 2018.

subtitle DOther Matters

SEC. 631. Rates of per diem for long-term temporary duty assignments.

(a) Report on cost-benefit analysis of November 2014 change of policy.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an analysis, conducted by the Secretary for purposes of the report, of the costs and benefits of the change in policy of the Department of Defense on rates of per diem for long-term temporary duty assignments that took effect on November 1, 2014. The study shall be consistent with the principles and requirements of Office of Management and Budget Circular A–94.

(2) ELEMENT ASSESSING COST-BENEFIT.—The report under paragraph (1) shall specify, in particular, whether or not the benefits of the change in policy described in that paragraph have outweighed and will continue to outweigh the costs of the change of policy.

(b) Contingent reversion to prior policy.—

(1) LACK OF REPORT.—If the report required by subsection (a)(1) is not submitted to the committees of Congress referred to in that subsection by the contingency date, effective as of the contingency date, the policy of the Department on rates of per diem for long-term temporary duty assignments shall be the policy as in effect as of October 31, 2014.

(2) FINDING OF COSTS OUTWEIGHING BENEFITS.—If the specification in the report as required by subsection (a)(2) is that the benefits of the change in policy described in subsection (a)(1) have not outweighed or will not continue to outweigh the costs of the change of policy, effective as of the date of the report, the policy of the Department on rates of per diem for long-term temporary duty assignments shall be the policy as in effect as of October 31, 2014.

(3) CONTINGENCY DATE DEFINED.—In this subsection, the term “contingency date” means the date that is 120 days after the date of the enactment of this Act.

SEC. 632. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

(a) Members.—Section 474(d)(3) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary.”.

(b) Civilian employees.—Section 5702(a)(2) of title 5, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.”.

(c) Repeals.—

(1) EXISTING POLICY AND REGULATIONS.—The policy, and any regulations issued pursuant to such policy, implemented by the Secretary of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect.

(2) ATTEMPTED STATUTORY FIX.—Section 672 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed.

TITLE VIIHealth Care Provisions

subtitle ATRICARE and Other Health Care Benefits

SEC. 701. Consolidation of cost-sharing requirements under TRICARE Select and TRICARE Prime.

(a) TRICARE Select.—

(1) IN GENERAL.—Section 1075 of title 10, United States Code, is amended—

(A) in subsection (c), by striking paragraphs (1) and (2) and inserting the following new paragraphs:

“(1) With respect to beneficiaries in the active-duty family member category or the retired category other than beneficiaries described in paragraph (2)(B), the cost-sharing requirements shall be calculated pursuant to subsection (d)(1).

“(2)(A) With respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category, the cost-sharing requirements shall be calculated as if the beneficiary were enrolled in TRICARE Extra or TRICARE Standard as if TRICARE Extra or TRICARE Standard, as the case may be, were still being carried out by the Secretary.

“(B) Beneficiaries described in this subparagraph are the following beneficiaries:

“(i) Retired members and the family members of such retired members covered by section 1086(c)(1) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a retired member.

“(ii) Survivors covered by section 1086(c)(2) of this title.”;

(B) by striking subsection (e); and

(C) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively.

(2) CONFORMING AMENDMENT.—Subsection (d)(2) of such section is amended by striking “, and the amounts specified under paragraphs (1) and (2) of subsection (e),”.

(b) TRICARE Prime.—Section 1075a(a) of title 10, United States Code, is amended—

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

“(2) With respect to beneficiaries in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title) other than beneficiaries described in paragraph (3)(B), the cost-sharing requirements shall be calculated pursuant to subsection (b)(1).”; and

(2) in paragraph (3), by striking subparagraph (B) and inserting the following new subparagraph:

“(B) Beneficiaries described in this subparagraph are the following beneficiaries:

“(i) Retired members and the family members of such retired members covered by section 1086(c)(1) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a retired member.

“(ii) Survivors covered by section 1086(c)(2) of this title.”.

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

SEC. 702. Administration of TRICARE dental plans through the Federal Employees Dental Insurance Program.

(a) Eligibility of additional beneficiaries under the Federal Employees Dental Insurance Program.—Section 8951(8) of title 5, United States Code, is amended by striking “1076c” and inserting “1076a or 1076c”.

(b) Administration of TRICARE dental plans.—Subsection (b) of section 1076a of title 10, United States Code, is amended to read as follows:

“(b) Administration of plans.—The plans established under this section shall be administered by the Secretary of Defense through an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (a) to enroll in an insurance plan under chapter 89A of title 5, in accordance with terms prescribed by the Secretary, including terms, to the extent practical, as defined by the Director through regulation, consistent with subsection (d) and, to the extent practicable in relation to such chapter 89A, other provisions of this section.”.

(c) Applicability.—The amendments made by this section shall apply with respect to the first contract year for chapter 89A of title 5, United States Code, that begins on or after January 1, 2022.

(d) Transition.—To ensure the successful transition of programs, in carrying out the TRICARE dental program under section 1076a of title 10, United States Code, the Secretary of Defense shall ensure that the contractor for such program provides claims information under such program to carriers providing dental coverage under chapter 89A of title 5, United States Code.

SEC. 703. Contraception coverage parity under the TRICARE program.

(a) In general.—Section 1074d(b)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “(including all methods of contraception approved by the Food and Drug Administration, contraceptive care (including with respect to insertion, removal, and follow up), sterilization procedures, and patient education and counseling in connection therewith)”.

(b) Prohibition on cost-sharing for certain services.—

(1) TRICARE SELECT.—Section 1075(c) of such title is amended by adding at the end the following new paragraph:

“(4) For all beneficiaries under this section, there is no cost-sharing for any method of contraception provided by a network provider.”.

(2) TRICARE PRIME.—Section 1075a(b) of such title is amended by adding at the end the following new paragraph:

“(5) For all beneficiaries under this section, there is no cost-sharing for any method of contraception provided by a network provider.”.

(3) PHARMACY BENEFITS PROGRAM.—Section 1074g(a)(6) of such title is amended by adding at the end the following new subparagraph:

“(D) Notwithstanding subparagraphs (A) and (B), there is no cost-sharing for any prescription contraceptive on the uniform formulary provided by a network retail pharmacy provider or the mail order pharmacy program.”.

(c) Effective date.—The amendments made by this section shall take effect on January 1, 2020.

SEC. 704. Pilot program on opioid management in the military health system.

(a) Pilot program.—

(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall implement a comprehensive pilot program to minimize early opioid exposure in beneficiaries under the TRICARE program and to prevent progression to misuse or abuse of opioid medications.

(2) OPIOID SAFETY ACROSS CONTINUUM OF CARE.—The pilot program shall include elements to maximize opioid safety across the entire continuum of care consisting of patient, physician or dentist, and pharmacist.

(b) Elements of pilot program.—The pilot program shall include the following:

(1) Identification of potential opioid misuse or abuse in pharmacies of military treatment facilities, retail network pharmacies, and the home delivery pharmacy and transmission of alerts regarding such potential mistreatment to opioid prescribing physicians or dentists.

(2) Direct engagement with, education for, and management of beneficiaries under the TRICARE program to help such beneficiaries avoid opioid misuse or abuse.

(3) Provision of in-home disposal kits to deactivate excess opioids and prevent unauthorized use.

(4) Proactive outreach by specialist pharmacists to such beneficiaries when identifying potential opioid misuse or abuse.

(5) Monitoring of such beneficiaries through the use of predictive analytics to identify the potential for abuse and addiction before such beneficiaries begin an opioid prescription.

(6) Detection of fraud, waste, and abuse.

(c) Report on pilot program.—

(1) IN GENERAL.—Not later than 180 days before completion of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that describes the conduct of the pilot program.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) A description of the pilot program, including outcome measures developed to determine the overall effectiveness of the pilot program.

(B) A description of the ability of the pilot program to identify opioid misuse and abuse among beneficiaries under the TRICARE program in each pharmacy venue of the pharmacy program of the military health system.

(C) A description of the impact of the use of predictive analytics to monitor such beneficiaries to identify the potential for opioid abuse and addiction before such beneficiaries begin an opioid prescription.

(D) A description of any reduction in the misuse or abuse of opioid medications among such beneficiaries as a result of the pilot program.

(d) Duration.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Director shall carry out the pilot program for a period of not more than three years.

(2) EXPANSION.—The Director may implement the pilot program on a permanent basis if the Director determines that the pilot program successfully reduces early opioid exposure in beneficiaries under the TRICARE program and prevents progression to misuse or abuse of opioid medications.

(e) TRICARE program defined.—In this section, the term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 705. 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 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.

subtitle BHealth Care Administration

SEC. 711. Improvement of administration of Defense Health Agency and military medical treatment facilities.

(a) In general.—Subsection (a) of section 1073c of title 10, United States Code, is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

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

“(2) In addition to the responsibilities set forth in paragraph (1), the Director of the Defense Health Agency shall have the authority—

“(A) to direct, control, and serve as the primary rater of the performance of commanders or directors of military medical treatment facilities;

“(B) to direct and control any intermediary organizations between the Defense Health Agency and military medical treatment facilities;

“(C) to determine the scope of medical care provided at each military medical treatment facility to meet the military personnel readiness requirements of the senior military operational commander of the military installation;

“(D) to determine total workforce requirements at each military medical treatment facility;

“(E) to direct joint manning at military medical treatment facilities and intermediary organizations;

“(F) to establish training and skills sustainment venues for military medical personnel;

“(G) to address personnel staffing shortages at military medical treatment facilities; and

“(H) to approve service nominations for commanders or directors of military medical treatment facilities.”.

(b) Combat support responsibilities.—Subsection (d)(2) of such section is amended by adding at the end the following new subparagraph:

“(C) Ensuring that the Defense Health Agency meets the military personnel readiness requirements of the senior military operational commanders of the military installations.”.

SEC. 712. Organizational framework of the military healthcare system to support medical requirements of the combatant commands.

(a) Organizational framework required.—The Secretary of Defense shall, acting through the Director of the Defense Health Agency, implement an organizational framework for the military healthcare system that most effectively implements chapter 55 of title 10, United States Code, in a manner that maximizes interoperability and fully integrates medical capabilities of the Armed Forces in order to enhance joint military medical operations in support of requirements of the combatant commands.

(b) Implementation.—

(1) COMMENCEMENT.—Implementation of the organizational framework required by subsection (a) shall commence not later than October 1, 2018.

(2) PHASED IMPLEMENTATION.—Implementation of the organizational framework may occur in phases, as considered appropriate by the Director.

(3) COMPLETION.—The organizational framework shall be fully implemented by not later than October 1, 2020.

(4) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The organizational framework, as implemented, shall comply with all requirements of section 1073c of title 10, United States Code, except for the October 1, 2018, implementation date specified in such section.

(c) Health-readiness regions in CONUS required.—The organizational framework required by subsection (a) shall meet the requirements as follows:

(1) HEALTH-READINESS REGIONS.—There shall be not more than three health-readiness regions established in the continental United States.

(2) LEADER.—Each region under paragraph (1) shall be led by a commander or director who is a member of the Armed Forces serving in a grade not higher than major general or rear admiral and who shall be—

(A) selected by the Director from among members of the Armed Forces recommended by the military departments for service in such position; and

(B) under the authority, direction, and control of the Director while serving in such position.

(3) REGIONAL HUBS.—

(A) IN GENERAL.—Each region under paragraph (1) shall include a major military medical center designated by the Director to serve as the regional hub for the provision of specialized medical services in such region.

(B) CAPABILITIES.—A major medical center may not be designated as a regional hub unless the center—

(i) includes one or more large graduate medical education training platforms; and

(ii) provides, at a minimum, role 4 medical care.

(C) LOCATION.—Any major medical center designated as a regional hub of a region shall be geographically located so as to maximize the support provided by uniformed medical resources in the region to the combatant commands. In designating major medical centers as a regional hub, the Director shall give consideration to the collocation of such centers with major aerial debarkation points of patients in the medical evacuation system of the United States Transportation Command.

(D) MAJOR HEALTH CARE DELIVERY PLATFORM.—A major medical center designated as a regional hub of a region shall serve as the major health care delivery platform for the provision of complex specialized medical care in the region, whether through patient referrals from other military medical treatment facilities in the region or through referrals from other regions in the case of certain specialized medical services (such as treatment for severe burns) which may only be available at a military medical treatment facility within the region.

(4) ADDITIONAL MILITARY MEDICAL CENTERS.—Consistent with section 1073d of title 10, United States Code, each region under paragraph (1) may include one or more additional military medical centers, whether established or maintained by the Director for purposes of this section, in order to serve locations in the region, if any, as follows:

(A) Locations with large beneficiary populations.

(B) Locations that serve as the primary readiness platforms of the Armed Forces.

(5) PATIENT REFERRALS AND COORDINATION.—The Director shall ensure effective and efficient medical care referrals and coordination among military medical treatment facilities in each region under paragraph (1), and among local or regional high-performing health systems in the region, through local or regional partnerships with institutional or individual civilian providers.

(d) Health-readiness regions OCONUS required.—The organizational framework required by subsection (a) shall meet the requirements as follows:

(1) HEALTH-READINESS REGIONS.—There shall be established not more than two health-readiness regions outside the continental United States—

(A) to enhance joint military medical operations in support of the requirements of the combatant commands in such region or regions, with a specific focus on existing and future contingency and operational plans;

(B) to ensure the provision of high-quality healthcare services to beneficiaries; and

(C) to improve the interoperability of healthcare delivery systems in regions (whether under this subsection, subsection (c), or both).

(2) PATIENT REFERRALS AND COORDINATION.—The Director shall ensure effective and efficient medical care referrals and coordination among military medical treatment facilities in any region under paragraph (1), and among local or regional high-performing health systems in such region.

(e) Planning and coordination.—

(1) SUSTAINMENT OF CLINICAL COMPETENCIES AND STAFFING.—The Director shall—

(A) provide in each health-readiness region under this section healthcare delivery venues for uniformed medical and dental personnel to obtain operational clinical competencies; and

(B) coordinate with the military departments to ensure that staffing at military medical treatment facilities in each region supports readiness requirements for members of the Armed Forces and military medical personnel.

(2) OVERSIGHT AND ALLOCATION OF RESOURCES.—

(A) IN GENERAL.—The Director shall, consistent with section 193 of title 10, United States Code, coordinate with the Chairman of the Joint Chiefs of Staff, through the Joint Staff Surgeon, to conduct oversight and direct resources to support requirements related to readiness or operational medicine support that are validated by the Joint Staff.

(B) SUPPLY AND DEMAND FOR MEDICAL SERVICES.—Based on operational medical force readiness requirements of the combatant commands validated by the Joint Staff, the Director shall—

(i) validate supply and demand requirements for medical and dental services at each military medical treatment facility;

(ii) in coordination with the operational medical force readiness organizations required by subsection (f)(1), provide currency workload for uniformed medical and dental personnel at each facility to maintain skills proficiency; and

(iii) if workload is insufficient to meet requirements, identify alternative training and clinical practice sites for uniformed medical and dental personnel, and establish military-civilian training partnerships, to provide such workload.

(f) Operational medical force readiness organizations of the Armed Forces.—

(1) ESTABLISHMENT.—Not later than October 1, 2019, the Secretary of Defense shall, acting through the Secretary of the military department concerned, establish in each military department an operational medical force readiness organization in accordance with this subsection.

(2) LEADER.—

(A) IN GENERAL.—Each operational medical force readiness organization established under paragraph (1) shall be led by the Surgeon General of an Armed Force.

(B) CONSTRUCTION OF DUTIES.—The duties of a Surgeon General under this paragraph as leader of an operational medical force readiness organization are in addition to the duties of such Surgeon General under section 3036, 5137, or 8036 of title 10, United States Code, as applicable.

(3) RESPONSIBILITIES.—The responsibilities of an operational medical force readiness organization are limited to the responsibilities as follows:

(A) To recruit, organize, train, and equip uniformed medical and dental personnel of the military department concerned.

(B) To assign uniformed medical and dental personnel of the military department concerned to military medical treatment facilities for training activities specific to such military department and for operational and training missions, during which assignment such personnel shall be under the operational control of the commander or director of the military medical treatment facility concerned, subject to the authority, direction, and control of the Director.

(C) To ensure the readiness for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.

(D) To provide logistical support for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.

(E) To oversee the mobilization and demobilization in connection with operational deployment of medical and dental personnel of the Armed Force or Armed Forces concerned.

(F) To carry out operational medical and dental force development for the military department concerned.

(G) In coordination with the Secretary concerned, to ensure that the operational medical force readiness organizations of the Armed Forces support the medical and dental readiness responsibilities of the Director and the Secretary concerned.

(4) MEDICAL FORCE REQUIREMENTS OF COMBATANT COMMANDS.—

(A) IN GENERAL.—Each operational medical force readiness organization shall ensure that the uniformed medical and dental personnel serving in the military department concerned receive training and clinical practice opportunities necessary to ensure that such personnel are capable of meeting the operational medical force requirements of the combatant commands applicable to such personnel. Such training and practice opportunities shall be provided through programs and activities of the Defense Health Agency and by such other mechanisms as the Secretary shall designate for purposes of this paragraph.

(B) REQUIREMENTS.—The commanders of the combatant commands shall apprise operational medical force readiness organizations of the operational medical force requirements of the combatant commands through the Joint Staff.

(5) NO COMMAND AUTHORITY.—An operational medical force readiness organization established under paragraph (1) shall have no command authority.

(g) Disestablishment of superseded medical organizations.—

(1) IN GENERAL.—Not later than the date on which the Secretary of Defense establishes an operational medical force readiness organization within a military department pursuant to subsection (f), the Secretary of Defense shall, acting through the Secretary of such military department concerned, disestablish the following:

(A) In the case of the Army, the Army Medical Command, and any associated subordinate command or organization.

(B) In the case of the Navy, the Bureau of Medicine and Surgery of the Navy, and any associated subordinate command or organization.

(C) In the case of the Air Force, the Air Force Medical Service, and any associated subordinate command or organization.

(2) TRANSFER OF PERSONNEL AUTHORIZATIONS.—Any personnel authorization of a command or organization disestablished pursuant to paragraph (1) as of the date of disestablishment may be transferred by the Secretary to the Defense Health Agency or any other organization of the Department of Defense considered appropriate by the Secretary, including an operational medical force readiness organization under subsection (f).

SEC. 713. Streamlining of TRICARE Prime beneficiary referral process.

(a) In general.—The Secretary of Defense shall streamline the process under section 1095f of title 10, United States Code, by which beneficiaries enrolled in TRICARE Prime are referred to the civilian provider network for inpatient or outpatient care under the TRICARE program.

(b) Objectives.—In carrying out the requirement in subsection (a), the Secretary shall meet the following objectives:

(1) The referral process shall model best industry practices for referrals from primary care managers to specialty care providers.

(2) The process shall strictly limit administrative requirements for enrolled beneficiaries, relying instead on communications among providers and care coordinators to arrange appointments within applicable access to care scheduling time standards.

(3) Beneficiary preferences for communications relating to appointment referrals using state-of-the-art information technology shall be used to expedite the process.

(4) There shall be effective and efficient processes to determine the availability of appointments at military medical treatment facilities and, when unavailable, to make prompt referrals to network providers under the TRICARE program.

(5) There shall be no right-of-first refusal requirement under the process.

(c) Deadline for implementation.—The requirement in subsection (a) shall be implemented for referrals under TRICARE Prime in calendar year 2019.

(d) Evaluation and improvement.—After 2019, the Secretary shall—

(1) evaluate the process described in subsection (a) not less often annually; and

(2) make appropriate improvements to the process in light of such evaluation.

(e) Definitions.—In this section, the terms “TRICARE program” and “TRICARE Prime” have the meaning given such terms in section 1072 of title 10, United States Code.

SEC. 714. Sharing of information with State prescription drug monitoring programs.

(a) In general.—Section 1074g of title 10, United States Code, is amended—

(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

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

“(g) Sharing of information with State prescription drug monitoring programs.—(1) The Secretary of Defense shall establish and maintain a program (to be known as the ‘Military Health System Prescription Drug Monitoring Program’) in accordance with this subsection. The program shall include a special emphasis on drugs provided through facilities of the uniformed services.

“(2) The program shall be—

“(A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and

“(B) applicable to designated controlled substance prescriptions under the pharmacy benefits program.

“(3)(A) The Secretary shall establish appropriate procedures for the bi-directional sharing of patient-specific information regarding prescriptions for designated controlled substances between the program and State prescription drug monitoring programs.

“(B) The purpose of sharing of information under this paragraph shall be to prevent misuse and diversion of opioid medications and other designated controlled substances.

“(C) Any disclosure of patient-specific information by the Secretary under this paragraph is an authorized disclosure for purposes of the health information privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).

“(4)(A) Any procedures developed pursuant to paragraph (3)(A) shall include appropriate safeguards, as determined by the Secretary, concerning cyber security of Department of Defense systems and operational security of Department personnel.

“(B) To the extent the Secretary considers appropriate, the program may be treated as comparable to a State program for purposes of bi-directional sharing of controlled substance prescription information.

“(5) For purposes of this subsection, any reference to a program operated by a State includes any program operated by a county, municipality, or other subdivision within that State.”.

(b) Conforming amendment.—Section 1079(q) of such title is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

SEC. 715. Improvement of reimbursement by Department of Defense of entities carrying out State vaccination programs in connection with vaccines provided to covered beneficiaries under the TRICARE Program.

Section 719(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074g note) is amended—

(1) in paragraph (1), by striking “for the cost of vaccines provided to covered beneficiaries through such program”; and

(2) in paragraph (2)—

(A) in subparagraph (A), by striking “to purchase vaccines provided” and inserting “in making vaccines available”;

(B) in subparagraph (B), by striking “to provide vaccines” and all that follows through the period at the end and inserting “with respect to a State vaccination program may not exceed the amount the Department would reimburse an entity for making vaccines available to the number of covered beneficiaries who reside in the State concerned.”; and

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

“(C) INAPPLICABILITY OF LIMITATION.—Subparagraph (B) shall not apply to amounts assessed by entities that provide independent verification that the assessments of such entities are below the costs of the private sector in making vaccines available.”.

subtitle CReports and Other Matters

SEC. 721. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as amended by section 722 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), section 723 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), section 741(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), and section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “September 30, 2019” and inserting “September 30, 2020”.

SEC. 722. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Section 178(c)(1)(C) of title 10, United States Code, is amended by striking “four members” and inserting “six members”.

SEC. 723. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces.

Section 1074m of title 10, United States Code, is amended—

(1) in subsection (a)(1)(C), by striking “Once” and inserting “Subject to subsection (d), once”; and

(2) in subsection (d), by striking “subsection (a)(1)(D)” and inserting “subparagraph (C) or (D) of subsection (a)(1)”.

SEC. 724. Pilot program on earning by special operations forces medics of credits towards a physician assistant degree.

(a) In general.—The Assistant Secretary of Defense for Health Affairs shall conduct a pilot program to assess the feasibility and advisability of partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Assistant Secretary for purposes of the pilot program, through which special operations forces medics earn credit toward the master's degree of physician assistant for military operational work and training performed by the medics.

(b) Duration.—The Assistant Secretary shall conduct the pilot program for a period not to exceed five years.

(c) Clinical training.—Partnerships under subsection (a) shall permit medics participating in the pilot program to conduct clinical training at medical facilities of the Department of Defense and the civilian sector.

(d) Evaluation.—The evaluation of work and training performed by medics for which credits are earned under the pilot program shall comply with civilian clinical evaluation standards applicable to the awarding of master's degrees of physician assistant.

(e) Reports.—

(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report that shall include the following:

(A) A comprehensive framework for the military education to be provided to special operations forces medics under the pilot program, including courses of instruction at institutions of higher education and any health care systems participating in the pilot program.

(B) Metrics to be used to assess the effectiveness of the pilot program.

(C) A description of the mechanisms to be used by the Department, medics, or both to cover the costs of education received by medics under the pilot program through institutions of higher education or health care systems, including payment by the Department in return for a military service commitment, tuition or other educational assistance by the Department, use by medics of post-9/11 educational assistance available through the Department of Veterans Affairs, and any other mechanisms the Secretary considers appropriate for purposes of the pilot program.

(2) FINAL REPORT.—Not later than 180 days after completion of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The report shall include the following:

(A) An evaluation of the pilot program using the metrics of assessment set forth pursuant to paragraph (1)(B).

(B) An assessment of the utility of the funding mechanisms set forth pursuant to paragraph (1)(C).

(C) An assessment of the effects of the pilot program on recruitment and retention of medics for special operations forces.

(D) An assessment of the feasibility and advisability of extending one or more authorities for joint professional military education under chapter 107 of title 10, United States Code, to warrant officers or enlisted personnel, and if the Secretary considers the extension of any such authorities feasible and advisable, recommendations for legislative or administrative action to so extend such authorities.

(f) Construction of authorities.—Nothing in this section may be construed to—

(1) authorize an officer or employee of the Federal Government to create, endorse, or otherwise incentivize a particular curriculum or degree track; or

(2) require, direct, review, or control a State or educational institution, or the instructional content, curriculum, and related activities of a State or educational institution.

SEC. 725. Pilot program on partnerships with civilian organizations for specialized medical training.

(a) In general.—The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of establishing partnerships with public, private, and non-profit organizations and institutions to provide short-term specialized medical training to advance the medical skills and capabilities of military medical providers.

(b) Duration.—The Secretary may carry out the pilot program under subsection (a) for a period of not more than three years.

(c) Evaluation metrics.—Before commencing the pilot program under subsection (a), the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program.

(d) Reports.—

(1) INITIAL REPORT.—

(A) IN GENERAL.—Not later than 180 days before the commencement of the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program.

(B) ELEMENTS.—The report required by subparagraph (A) shall include a description of the pilot program, the evaluation metrics established under subsection (c), and such other matters relating to the pilot program as the Secretary considers appropriate.

(2) FINAL REPORT.—

(A) IN GENERAL.—Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program.

(B) ELEMENTS.—The report required by subparagraph (A) shall include the following:

(i) A description of the pilot program, including the partnerships established under the pilot program as described in subsection (a).

(ii) An assessment of the effectiveness of the pilot program.

(iii) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extending or making permanent the authority for the pilot program.

(e) Funding.—

(1) IN GENERAL.—The amount authorized to be appropriated for fiscal year 2019 for the Department of Defense for the Defense Health Program for education and training shall be increased by $2,500,000.

(2) AVAILABILITY.—The amount of the increase of the authorization under paragraph (1) shall be available to carry out this section and shall remain available for obligation until the completion of the pilot program under this section.

SEC. 726. Registry of individuals exposed to per- and polyfluoroalkyl substances on military installations.

(a) Establishment of registry.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—

(A) establish and maintain a registry for eligible individuals who may have been exposed to per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) due to the environmental release of aqueous film-forming foam (in this section referred to as “AFFF”) on military installations to meet the requirements of military specification MIL-F-24385F;

(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to PFAS associated with AFFF;

(C) develop a public information campaign to inform eligible individuals about the registry, including how to register and the benefits of registering; and

(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to PFAS.

(2) COORDINATION.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

(b) Reports.—

(1) INITIAL REPORT.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress an initial report containing the following:

(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information on the health effects of exposure to PFAS.

(B) Recommendations to improve the collection and maintenance of such information.

(C) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to exposure to PFAS.

(2) FOLLOW-UP REPORT.—Not later than five years after submitting the initial report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress a follow-up report containing the following:

(A) An update to the initial report submitted under paragraph (1).

(B) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.

(3) INDEPENDENT SCIENTIFIC ORGANIZATION.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare the reports under paragraphs (1) and (2).

(c) Recommendations for additional exposures to be included.—Not later than five years after the date of the enactment of this Act, and every five years thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Administrator of the Environmental Protection Agency, shall submit to Congress recommendations for additional chemicals with respect to which individuals exposed to such chemicals should be included in the registry established under subsection (a).

(d) Eligible individual defined.—In this section, the term “eligible individual” means any individual who, on or after a date specified by the Secretary of Veterans Affairs through regulations, served or is serving in the Armed Forces at a military installation where AFFF was used or at another location of the Department of Defense where AFFF was used.

SEC. 727. Inclusion of gambling disorder in health assessments for members of the Armed Forces and related research efforts.

(a) Annual Periodic Health Assessment.—The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into the Annual Periodic Health Assessment 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 and the Health Related Behaviors Survey of Reserve Component Personnel.

(c) Report.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on efforts undertaken pursuant to subsections (a) and (b) and the findings of the assessments and surveys described in those subsections with respect to the prevalence of gambling disorder among members of the Armed Forces.

SEC. 728. Comptroller General review of Defense Health Agency oversight of TRICARE managed care support contractors.

(a) Review.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a review of the oversight conducted by the Defense Health Agency with respect to the transition of managed care support contractors for the TRICARE program.

(b) Matters included.—The review conducted under subsection (a) shall include the following:

(1) The extent to which the Defense Health Agency provided guidance and oversight to the outgoing and incoming managed care support contractors during the transition period prior to the start of health care delivery.

(2) The extent to which there were any issues with health care delivery, and if so—

(A) the effect, if any, of the guidance and oversight by the Defense Health Agency during the transition period on those issues; and

(B) the solutions of the Defense Health Agency for remediating any deficiencies of managed care support contractors.

(3) The extent to which the Defense Health Agency has reviewed any lessons learned from prior transitions and incorporated those lessons into the current transition.

(c) Ongoing requirement.—The Comptroller General shall review any transition of managed care support contractors for the TRICARE program occurring after the date of the review under subsection (a) and submit to the congressional defense committees a similar review for each such transition.

(d) TRICARE program defined.—In this section, the term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

TITLE VIIIAcquisition policy, acquisition management, and related matters

subtitle AAcquisition policy and management

SEC. 801. Permanent Supply Chain Risk Management Authority.

(a) Permanent extension of authority.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2339a. Requirements for information relating to supply chain risk

“(a) Authority.—Subject to subsection (b), the head of a covered agency may—

“(1) carry out a covered procurement action; and

“(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.

“(b) Determination and notification.—The head of a covered agency may exercise the authority provided in subsection (a) only after—

“(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system;

“(2) making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, that—

“(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;

“(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and

“(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and

“(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—

“(A) the information required by section 2304(f)(3) of this title;

“(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as specified in paragraph (1);

“(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and

“(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.

“(c) Delegation.—The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.

“(d) Limitation on disclosure.—If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—

“(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and

“(2) the agency head shall—

“(A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;

“(B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and

“(C) ensure the confidentiality of any such notifications.

“(e) Definitions.—In this section:

“(1) HEAD OF A COVERED AGENCY.—The term ‘head of a covered agency’ means each of the following:

“(A) The Secretary of Defense.

“(B) The Secretary of the Army.

“(C) The Secretary of the Navy.

“(D) The Secretary of the Air Force.

“(2) COVERED PROCUREMENT ACTION.—The term ‘covered procurement action’ means any of the following actions, if the action takes place in the course of conducting a covered procurement:

“(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems.

“(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.

“(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.

“(3) COVERED PROCUREMENT.—The term ‘covered procurement’ means—

“(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of this title, or an evaluation factor, as provided in section 2305(a)(2)(A) of this title, relating to supply chain risk;

“(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or

“(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.

“(4) SUPPLY CHAIN RISK.—The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.

“(5) COVERED SYSTEM.—The term ‘covered system’ means a national security system, as that term is defined in section 3542(b) of title 44.

“(6) COVERED ITEM OF SUPPLY.—The term ‘covered item of supply’ means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.

“(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means—

“(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and

“(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339 the following new item:

“2339a. Requirements for information relating to supply chain risk.”.

(b) Repeal of obsolete authority.—Section 806(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2304 note) is hereby repealed.

SEC. 802. Commercially available market research.

(a) In general.—Subsection (e) of section 2431a of title 10, United States code, is amended by adding at the end the following new paragraph:

“(10) The term ‘market research’ includes—

“(A) government market research directly with prospective vendors, including—

“(i) contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements;

“(ii) reviewing the results of recent market research undertaken to meet similar or identical requirements;

“(iii) publishing formal requests for information in appropriate technical or scientific journals or business publications;

“(iv) querying the governmentwide database of contracts and other procurement instruments intended for use by multiple agencies;

“(v) participating in interactive, on-line communication among industry, acquisition personnel, and customers;

“(vi) obtaining source lists of similar items from other contracting activities or agencies, trade associations, or other sources;

“(vii) reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available online;

“(viii) conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process; and

“(ix) ensuring that any conflicts of interest presented by vendors providing government capability statements are both disclosed and mitigated; and

“(B) commercially available third-party market research.”.

(b) Review.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense for Research and Engineering, shall review the guidance of the Department of Defense with regard to those portions of the Federal Acquisition Regulation regarding commercially available market research, including sections 10.001(a)(2)(vi) and 10.002(b). The review shall, at a minimum—

(1) assess the impact that conducting market research has on the Department’s resources; and

(2) ensure that commercially available market research is considered among other sources of research, as appropriate, and reviewed prior to developing new requirements documents for an acquisition by the Department.

SEC. 803. Comptroller General assessment of acquisition programs and related initiatives.

(a) In general.—Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2229b. Comptroller General assessment on acquisition programs and initiatives

“(a) Assessment required.—The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year, beginning in 2020.

“(b) Analyses To be included.—The assessment required under subsection (a) shall include—

“(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance;

“(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and oversight of programs and initiatives; and

“(3) specific analyses of individual acquisition programs and initiatives.

“(c) Acquisition programs and initiatives to be considered.—The assessment required under subsection (a) shall consider the following programs and initiatives:

“(1) Selected weapon systems, as determined appropriate by the Comptroller General.

“(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.

“(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2229a the following new item:

“2229b. Comptroller General assessment on acquisition programs and related initiatives.”.

(c) Repeal of superseded authority.—Section 883(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2222 note) is amended by striking paragraph (1).

subtitle BAmendments to general contracting authorities, procedures, and limitations

SEC. 811. Department of Defense contracting dispute matters.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall carry out a study of the frequency and effects of bid protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the United States Court of Federal Claims. The study shall cover Department of Defense contracts and include, at a minimum—

(1) the number of protests that have been filed with both tribunals and results;

(2) the number of such protests where the tribunals differed in denying or sustaining the action;

(3) the length of time, in average time and median time—

(A) from initial filing at the Government Accountability Office to decision in the United States Court of Federal Claims;

(B) from filing with each tribunal to decision by such tribunal;

(C) from the time at which the basis of the protest is known to the time of filing in each tribunal; and

(D) in the case of an appeal from a decision of the United States Court of Federal Claims, from the date of the initial filing of the appeal to decision in the appeal;

(4) the number of protests where performance was stayed or enjoined and for how long;

(5) if performance was stayed or enjoined, whether the requirement was obtained in the interim through another vehicle or in-house, or whether during the period of the stay or enjoining the requirement went unfulfilled;

(6) separately for each tribunal, the number of protests where performance was stayed or enjoined and monetary damages were awarded, which shall include for how long performance was stayed or enjoined and the amount of monetary damages;

(7) whether the protestor was a large or small business; and

(8) whether the protestor was the incumbent in a prior contract for the same or similar product or service.

(b) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the results of the study, along with related recommendations for improving the expediency of the bid protest process. In preparing the report, the Secretary shall consult with the Attorney General of the United States, the Comptroller General of the United States, and the United States Court of Federal Claims.

(c) Ongoing data collection.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall establish and continuously maintain a data repository to collect on an ongoing basis the information described in subsection (a) and any additional relevant bid protest data the Secretary determines necessary and appropriate to allow the Department of Defense, the Government Accountability Office, and the United States Court of Federal Claims to assess and review bid protests over time.

(d) Establishment of expedited process for small value contracts.—

(1) IN GENERAL.—Not later than December 1, 2019, the Secretary of Defense shall develop a plan and schedule for an expedited bid protest process for Department of Defense contracts with a value of less than $100,000.

(2) CONSULTATION.—In carrying out paragraph (1), the Secretary of Defense may consult with the Government Accountability Office and the United States Court of Federal Claims to the extent such entities may establish a similar process at their election.

(3) REPORT.—Not later than May 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the plan and schedule for implementation of the expedited bid protest process, which shall include a request for any additional authorities the Secretary determines appropriate for such efforts.

SEC. 812. Continuation of technical data rights during challenges.

(a) Exercise of rights in technical data before final disposition of a challenge.—Section 2321(i) of title 10, United States Code, is amended—

(1) in the subsection heading, by inserting “prior to and” after “Rights and liability”;

(2) by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively; and

(3) by inserting before paragraph (3), as so redesignated, the following new paragraphs:

“(1) Upon issuance of a challenge to a use or release restriction asserted by a contractor or subcontractor under the contract made pursuant to subsection (d) or made under procedures established by the Department of Defense for challenges to asserted use or release restrictions in connection with noncommercial computer software, and until final disposition of such a challenge, the Department of Defense may exercise rights in the technical data or noncommercial computer software rights consistent with the grounds identified in the challenge pursuant to subsection (d)(3), (or the grounds identified under corresponding Department of Defense procedures in the case of noncommercial computer software) in order to meet Department of Defense mission requirements.

“(2) In the event that the challenge made by the government is not sustained upon final disposition, the contractor or subcontractor shall have only a right to damages against the United States if the United States was found to have not acted in good faith and as otherwise provided by law arising from the exercise of rights described in paragraph (1) during the time period described in such paragraph.”.

(b) Revision of the defense Federal Acquisition Regulation Supplement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement, by interim or final rule, to implement the amendments made by subsection (a).

(c) Effective date.—The amendments made by subsection (a) and the revision required by subsection (b) shall become effective on the date of publication of the interim or final rule (whichever is earlier) required by subsection (b) and shall apply to solicitations issued by Department of Defense contracting activities after that date unless the senior procurement executive of the agency concerned grants a waiver on a case-by-case basis.

(d) Guidance on technical data right negotiation.—The Secretary of Defense shall develop policies on the negotiation of technical data rights for noncommercial software that reflects the Department of Defense’s needs for technical data rights in the event of a protest or replacement of incumbent contractor to meet defense requirements in the most cost effective manner.

SEC. 813. Increased micro-purchase threshold.

(a) In general.—Section 2338 of title 10, United States Code, is amended by striking “Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $5,000” and inserting “The micro-purchase threshold for the Department of Defense is $10,000”.

(b) Conforming amendment.—Section 1902(a)(1) of title 41, United States Code, is amended by striking “sections 2338 and 2339 of title 10 and”.

(c) Repeal of obsolete authority.—

(1) IN GENERAL.—Section 2339 of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by striking the item relating to section 2339.

SEC. 814. Modification of limitations on single source task or delivery order contracts.

Section 2304a(d)(3)(A) of title 10, United States Code, is amended by striking “reasonably perform the work” and inserting “efficiently perform the work”.

SEC. 815. Preliminary cost analysis requirement for exercise of multiyear contract authority.

Section 2306b(i)(2)(B) of title 10, United States Code, is amended—

(1) by striking “made after the completion of a cost analysis” and inserting “supported by a preliminary cost analysis”; and

(2) by striking “for the purpose of section 2334(e)(1) of this title, and that the analysis supports those preliminary findings”.

SEC. 816. Inclusion of best available information regarding past performance of subcontractors and joint venture partners.

(a) Requirements for performance of subcontractors and joint venture partners.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Acquisition Regulatory Council and the Administrator for Federal Procurement Policy, shall develop policies for the Department of Defense to ensure the best information regarding past performance of certain subcontractors and joint venture partners is available when awarding Department of Defense contracts. The policies shall include proposed revisions to the Defense Federal Acquisition Regulation Supplement as follows:

(1) Required performance evaluations, as part of a government-wide evaluation reporting tool, for first-tier subcontractors performing a portion of the contract valued at not less than 20 percent of the value of the prime contract, provided—

(A) the information included in rating the subcontractor is not inconsistent with the information included in the rating for the prime contractor;

(B) the subcontractor evaluation is conducted consistent with the provisions of section 42.15 of the Federal Acquisition Regulation;

(C) negative evaluations of a subcontractor in no way obviate the prime contractor’s responsibility for successful completion of the contract and management of its subcontractors; and

(D) that in the judgment of the contracting officer, the overall execution of the work is impacted by the performance of the subcontractor or subcontractors.

(2) Required performance evaluations, as part of a government-wide evaluation reporting tool, of individual partners of joint venture-awarded, to ensure that past performance on joint venture projects is considered in future awards to individual joint venture partners, provided—

(A) at a minimum, the rating for joint ventures includes an identification that allows the evaluation to be retrieved for each partner of the joint venture;

(B) each partner, through the joint venture, is given the same opportunity to submit comments, rebutting statements, or additional information, consistent with the provisions of section 42.15 of the Federal Acquisition Regulation; and

(C) the rating clearly identifies the responsibilities of joint venture partners for discrete elements of the work where the partners are not jointly and severally responsible for the project.

(3) Processes to request exceptions from the annual evaluation requirement under section 42.1502(a) of the Federal Acquisition Regulation where submission of the annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners, including—

(A) where no severable element of the work has been completed;

(B) where the contracting officer determines that—

(i) an insubstantial portion of the contract work has been completed in the preceding year; and

(ii) the lack of performance is at non-fault to the contractor; or

(C) where the contracting officer determines that there is an issue in dispute which, until resolved, would likely cause the annual rating to inaccurately reflect the past performance of the contractor.

(b) Report on contractor performance appeals.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the defense committees a report on contractor and subcontractor past performance evaluations and appeals, including—

(1) data on the number of performance evaluation appeals filed by contractors and subcontractors within the previous five years;

(2) the frequency that an appeal was successful and the performance evaluation was changed favorably for the contractor;

(3) the time it takes for an appeal to make its way through the process from filing to adjudication; and

(4) what impact the appeals process has on the tracking of information in the performance database system and consideration of contractor and subcontractor performance on future contracts.

(c) Agency progress on performance evaluations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a scorecard that compares the timeliness, completeness, and accuracy of contractor performance evaluations among the Department’s components. This scorecard shall be reported annually to Congress and made publicly available not later than December 31 for the prior fiscal year until 2024.

(d) Congressional access to performance data.—

(1) IN GENERAL.—At the written request of a Chairman or Ranking Member of one of the appropriate congressional committees, the Secretary of Defense shall make all contractor performance evaluations available through electronic access to data systems or in another manner specified by the request for designated staff members of the appropriate congressional committees.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C) the Committee on Oversight and Government Reform of the House of Representatives.

SEC. 817. Modification of criteria for waivers of requirement for certified cost and price data.

Section 817(b)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking “; and” and inserting “; or”.

SEC. 818. Subcontracting price and approved purchasing systems.

(a) Amendment.—Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) is amended—

(1) in subsection (g), by adding at the end the following new paragraph:

“(5) The term ‘approved purchasing system’ has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).”; and

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

“(i) Consent to subcontract.—If the contractor on a Department of Defense contract requiring a contracting officer's written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.”.

(b) Conforming regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to conform with the amendments to section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) made by this section.

SEC. 819. Comptroller General of the United States report on progress payment financing of Department of Defense contracts.

(a) Report required.—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 on the results of an analysis, conducted by the Comptroller General, of the effects of current financing levels of Department of Defense contracts on contractors of the Department and the budgets of the Department.

(b) Elements.—

(1) IN GENERAL.—The report required by subsection (a) shall include an analysis and assessment of the impact of the matters specified in paragraph (2), for both government and business, on—

(A) the relationship between financing amounts and contractor profit; and

(B) the willingness of contractors to pursue contracts with the Department.

(2) COVERED MATTERS.—The matters specified in this paragraph are each of the following under Department contracts:

(A) Past changes to progress payment rates and conditions.

(B) Progress payment rates and limitations on progressing for undefinitized contract actions.

SEC. 820. Authorization to limit foreign access to technology through contracts.

The Under Secretary of Defense for Research and Engineering, or a designee of the Under Secretary, may include in the terms of any contract that the Under Secretary enters into a provision that—

(1) limits access by select persons or organizations to technology that is the subject of the contract under terms defined by the Under Secretary, including by limiting such access to specific periods of time; and

(2) if the person or organization violates the requirement described in paragraph (1), the Under Secretary may require the person or organization to forfeit intellectual property rights associated with the contract.

SEC. 821. Briefing requirement on services contracts.

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the requirements of section 2329(b) of title 10, United States Code, are met, the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on the progress of Department of Defense efforts to meet the requirements of such section, including relevant information on the methodology and implementation plans for future compliance.

SEC. 822. Sense of Congress on awarding of contracts to responsible companies that primarily employ American workers and do not actively transfer American jobs to potential adversaries.

It is the sense of Congress that the Department of Defense should award contracts to responsible companies that primarily employ United States workers or are partners in the national technology and industrial base and do not actively transfer United States jobs to potential adversaries.

subtitle CProvisions relating to major defense acquisition programs

SEC. 831. Program cost, fielding, and performance goals in planning major acquisition programs.

Section 2448a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “Secretary of Defense” and inserting “designated milestone decision authority for the major defense acquisition program”; and

(B) by striking “the milestone decision authority for the major defense acquisition program approves a program that” and inserting “the program”; and

(2) by striking subsection (b).

SEC. 832. Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle.

(a) Implementation required.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the independent assessment produced under section 844 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2290).

(b) Exceptions.—

(1) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation.

(2) NONIMPLEMENTATION.—The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees—

(A) the reasons for the decision not to implement the recommendation; and

(B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation.

(c) Implementation plans.—For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees—

(1) a summary of actions that have been taken to implement the recommendation; and

(2) a schedule, with specific milestones, for completing the implementation of the recommendation.

SEC. 833. Pilot program to accelerate major weapons system programs.

(a) In general.—The Secretary of Defense shall establish a pilot program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—

(1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and

(2) reducing the cost and pricing data to be submitted in accordance with section 2306a of title 10, United States Code.

(b) Sunset.—The authority to carry out the pilot program under this section shall expire on January 2, 2021.

subtitle DProvisions relating to acquisition workforce

SEC. 841. Permanent authority for demonstration projects relating to acquisition personnel management policies and procedures.

(a) Permanent authority.—Section 1762 of title 10, United States Code, is amended by striking subsections (g) and (h).

(b) Scope of authority.—Subsection (a) of such section is amended by striking “Commencement.—” and all that follows through “a demonstration project,” and inserting “In general.—The Secretary of Defense may carry out demonstration projects”.

SEC. 842. Establishment of integrated review team on defense acquisition industry-government exchange.

(a) Study.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Business Board to convene an integrated review team (in this section referred to as the “exchange team”) to undertake a study on facilitating the exchange of defense industry personnel on term assignments within the Department of Defense.

(2) MEMBER PARTICIPATION.—

(A) DEFENSE BUSINESS BOARD.—The Chairman of the Defense Business Board shall select six members from the membership of the Board to participate on the exchange team, including one member to lead the team.

(B) DEFENSE INNOVATION BOARD.—The Chairman of the Defense Innovation Board shall select five appropriate members from the membership of their Board to participate on the exchange team.

(C) DEFENSE SCIENCE BOARD.—The Chairman of the Defense Science Board shall select five appropriate members from the membership of their Board to participate on the exchange team.

(D) REQUIRED EXPERIENCE.—The Chairmen referred to in subparagraphs (a) through (C) shall ensure that members have significant legislative or regulatory expertise and reflect diverse experiences in the public and private sector.

(3) SCOPE.—The study conducted pursuant to paragraph (1) shall—

(A) review legal, ethical, and financial disclosure requirements for industry-government exchanges;

(B) review existing or previous industry-government exchange programs such as the Department of State’s Franklin Fellows Program and the Information Technology Exchange Program;

(C) review how the military departments address legal, ethical, and financial requirements for members of the reserve components who also maintain civilian employment in the defense industry;

(D) produce specific and detailed recommendations for any legislation, including the amendment or repeal of regulations, as well as non-legislative approaches, that the members of the exchange team conducting the study determine necessary to—

(i) reduce barriers to industry-government exchange to encourage the flow of acquisition best practices;

(ii) ensure continuing financial and ethical integrity; and

(iii) protect the best interests of the Department of Defense; and

(E) produce such additional recommendations for legislation as the members consider appropriate.

(4) ACCESS TO INFORMATION.—The Secretary of Defense shall provide the exchange team with timely access to appropriate information, data, resources, and analysis so that the exchange team may conduct a thorough and independent analysis as required under this subsection.

(b) Briefing.—Not later than December 31, 2018, the exchange team shall provide an interim briefing to the congressional defense committees on the study conducted under subsection (a)

(c) Final report.—Not later than March 1, 2019, the exchange team shall submit a final report on the study to the Under Secretary of Defense for Acquisition and Sustainment and the congressional defense committees.

SEC. 843. Exchange program for acquisition workforce employees.

(a) Program authorized.—The Secretary of Defense shall establish an exchange program under which the Under Secretary of Defense for Acquisition and Sustainment shall arrange for the temporary assignment of civilian personnel in the Department of Defense acquisition workforce.

(b) Purposes.—The purposes of the exchange program established pursuant to subsection (a) are—

(1) to familiarize personnel from the acquisition workforce with the equities, priorities, processes, culture, and workforce of the acquisition-related defense agencies;

(2) to enable participants in the exchange program to return the expertise gained through their exchanges to their original organizations; and

(3) to improve communication between and integration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships.

(c) Participants.—

(1) NUMBER OF PARTICIPANTS.—The Under Secretary shall select not less than 10 and no more than 20 participants per year for participation in the exchange program established under subsection (a).

(2) CRITERIA FOR SELECTION.—The Under Secretary shall select participants for the exchange program established under subsection (a) from among mid-career employees and based on—

(A) the qualifications and desire to participate in the program of the employee; and

(B) the technical needs and capacities of the acquisition workforce, as applicable.

(d) Terms.—Exchanges pursuant to the exchange program established under subsection (a) shall be for terms of one to two years, as determined and negotiated by the Under Secretary. The terms may begin and end on a rolling basis.

(e) Guidance and implementation.—

(1) GUIDANCE.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall develop and submit to the congressional defense committees interim guidance on the form and contours of the exchange program established under subsection (a).

(2) IMPLEMENTATION.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall implement the guidance developed under paragraph (1).

subtitle EProvisions relating to commercial items

SEC. 851. Report on commercial item procurement reform.

(a) Report required.—Not later than March 1, 2020, the Assistant Secretary of Defense for Acquisition, in consultation with members of the Defense Business Board as appropriate, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on reforms for commercial item procurement.

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

(1) A review of recommendations by the independent panel created under section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 112 Public Law 889) pertaining to commercial items.

(2) A review of commercial item provisions from the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), and other relevant legislation.

(3) An analysis of the extent to which the Department of Defense should treat commercial service contracts and commercial products in a similar manner.

(4) Such other matters with respect to commercial item procurement as the Assistant Secretary considers appropriate.

subtitle FIndustrial base matters

SEC. 861. National technology and industrial base application process.

(a) In general.—Subchapter II of chapter 148 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2509. National technology and industrial base application process

“(a) In general.—The Secretary of Defense shall administer a national technology and industrial base application process.

“(b) Elements.—The application process required under subsection (a) shall include the following elements:

“(1) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the national technology and industrial base application process and associated policy.

“(2) A person or organization that meets the definition of national technology and industrial base under section 2500(1) of this title shall have the opportunity to apply for an item to be covered under the national technology and industrial base. The application shall include, at a minimum, the following information:

“(A) Information demonstrating the applicant meets such definition.

“(B) The section or sections of this chapter, related to the national technology and industrial base, that the applicant seeks to modify.

“(C) The applicant’s proposed modifications to the section or sections identified under subparagraph (B).

“(D) For each item the applicant seeks to include in the national technology and industrial base, the applicant shall include the following information:

“(i) The extent to which such item has commercial applications.

“(ii) The number of such items to be procured by current programs of record.

“(iii) The criticality of such item to a military unit’s mission accomplishment.

“(iv) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the national technology and industrial base.

“(v) National security regulations or restrictions imposed on such item that may not be imposed on a non-national technology and industrial base competitor.

“(vi) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non-national technology and industrial base competitor.

“(vii) The extent to which such item is fielded in current programs of record.

“(viii) The extent to which cost and pricing data for such item has been deemed fair and reasonable.

“(c) Consideration of applications.—

“(1) RESPONSIBILITY OF DESIGNATED OFFICIAL.—The official designated pursuant to subsection (b)(1) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application.

“(2) REVIEW.—Not later than 60 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to subsection (b)(1).

“(3) ELEMENTS OF DETERMINATION.—The determination required under paragraph (2) shall—

“(A) recommend the modification to this chapter proposed pursuant to subsection (b)(2)(C);

“(B) recommend the modification to this chapter proposed pursuant to subsection (b)(2)(C) with further modifications; or

“(C) not recommend the modification to this chapter proposed pursuant to subsection (b)(2)(C).

“(4) JUSTIFICATION.—The determination required under paragraph (2) shall also include the rationale and justification for the determination.

“(d) Recommendations for legislation.—For applications recommended under subsection (c), the official designated pursuant to subsection (b)(1) shall be responsible for preparing a legislative proposal for consideration by the Secretary.”.

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

(c) Effective date.—Section 2509 of title 10, United States Code, as added by subsection (a), shall take effect 60 days after the date of the enactment of this Act.

SEC. 862. Report on defense electronics industrial base.

(a) In general.—Not later than January 31, 2019, the Secretary of Defense, in consultation with the Executive Agent for Printed Circuit Board and Interconnect Technology and the Director of the Office of Management and Budget, shall submit to Congress a report examining the health of the defense electronics industrial base, including analog and passive electronic parts, substrates, printed boards, assemblies, connectors, cabling, and related areas, both domestically and within the national technology and industrial base.

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

(1) An examination of current and planned partnerships with the commercial industry.

(2) Analysis of the current and future defense electronics industrial base.

(3) Threat assessment related to system security.

(4) An assessment of the health of the engineering and production workforce.

(5) A description of the electronics supply chain requirements of defense systems integral to meeting the goals of the 2018 National Defense Strategy.

(6) Recommended actions to address areas deemed deficient or vulnerable, and a plan to formalize long-term resourcing for the Executive Agent.

(7) Any other areas matters determined relevant by the Secretary.

SEC. 863. Support for defense manufacturing communities to support the defense industrial base.

(a) Program authorized.—

(1) IN GENERAL.—The Secretary of Defense may, in coordination with the Secretary of Commerce and working in coordination with the defense manufacturing institutes, establish within the Department of Defense a program to make long-term investments in critical skills, infrastructure, research and development, and small business support in order to strengthen the national security innovation base by designating and supporting consortiums as defense manufacturing communities.

(2) DESIGNATION.—The program authorized by this section shall be known as the “Defense Manufacturing Community Support Program” (in this section referred to as the “Program”).

(b) Designation of defense manufacturing communities complementary to defense manufacturing institutes.—

(1) IN GENERAL.—The Secretary of Defense may designate eligible consortiums as defense manufacturing communities through a competitive process, and in coordination with the defense manufacturing institutes.

(2) ELIGIBLE CONSORTIUMS.—The Secretary may establish eligibility criteria for a consortium to participate in the Program. In developing such criteria, the Secretary may consider the merits of—

(A) including members from academia, defense industry, commercial industry, and State and local government organizations;

(B) supporting efforts in geographical regions that have capabilities in key technologies or industrial base supply chains that are determined critical to national security;

(C) optimal consortium composition and size to promote effectiveness, collaboration, and efficiency; and

(D) complementarity with defense manufacturing institutes.

(3) DURATION.—Each designation under paragraph (1) shall be for a period designated by the Secretary.

(4) RENEWAL.—

(A) IN GENERAL.—The Secretary may renew a designation made under paragraph (1) for up to two additional two-year periods. Any designation as a defense manufacturing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph.

(B) EVALUATION FOR RENEWAL.—The Secretary shall establish criteria for the renewal of a consortium. In establishing such criteria, the Secretary may consider—

(i) the performance of the consortium in meeting the established goals of the Program;

(ii) the progress the consortium has made with respect to project-specific metrics, particularly with respect to those metrics that were designed to help communities track their own progress;

(iii) whether any changes to the composition of the eligible consortium or revisions of the plan for the consortium would improve the capabilities of the defense industrial base;

(iv) the effectiveness of coordination with defense manufacturing institutes; and

(v) such other criteria as the Secretary considers appropriate.

(5) APPLICATION FOR DESIGNATION.—An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. In developing such procedures, the Secretary may consider the inclusion of—

(A) a description of the regional boundaries of the consortium, and the defense manufacturing capacity of the region;

(B) an evidence-based plan for enhancing the defense industrial base through the efforts of the consortium;

(C) the investments the consortium proposes and the strategy of the consortium to address gaps in the defense industrial base;

(D) a description of the outcome-based metrics, benchmarks, and milestones that will track and the evaluation methods that will be used to gauge performance of the consortium;

(E) how the initiatives will complement defense manufacturing institutes; and

(F) such other matters as the Secretary considers appropriate.

(c) Financial and technical assistance.—

(1) IN GENERAL.—Under the Program, the Secretary of Defense may award financial or technical assistance to a member of a consortium designated as a defense manufacturing community under the Program as appropriate for purposes of the Program.

(2) USE OF FUNDS.—A recipient of financial or technical assistance under the Program may use such financial or technical assistance to support an investment that will improve the defense industrial base.

(3) INVESTMENTS SUPPORTED.—Investments supported under this subsection may include activities not already provided for by defense manufacturing institutes on—

(A) infrastructure;

(B) access to capital;

(C) promotion of exports and foreign direct investment;

(D) equipment or facility upgrades;

(E) workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities;

(F) energy or process efficiency;

(G) business incubators;

(H) site preparation;

(I) advanced research and commercialization, including with Federal laboratories and depots;

(J) supply chain development; and

(K) small business assistance.

(d) Receipt of transferred funds.—The Secretary of Defense may accept amounts transferred to the Secretary from the head of another agency or a State or local governmental organization to carry out this section.

subtitle GOther transactions

SEC. 871. Change to notification requirement for other transactions.

Section 2371b(f)(1) of title 10, United States Code, is amended by inserting after the first sentence the following: “The cost of any such option shall be considered for purposes of subsection (a)(2) as part of the cost to the Department of Defense of a transaction (for a prototype).”.

SEC. 872. Data and policy on the use of other transactions.

(a) Collection and storage.—The Service Acquisition Executives of the military departments shall collect data on the use of other transactions by their respective departments, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department of Defense of other transactions, including use by the Defense Agencies. The data shall be stored in a manner that allows the Assistant Secretary of Defense for Acquisition access at any time.

(b) Use of data.—The Assistant Secretary of Defense for Acquisition shall analyze and leverage the data collected under subsection (a) to update policy and guidance related to the use of other transactions.

subtitle HDevelopment and acquisition of software intensive and digital products and services

SEC. 881. Clarifications regarding proprietary and technical data.

(a) Validation of proprietary data restrictions.—Section 2321(f) of title 10, United States Code, is amended—

(1) by striking “(1) Except as provided in paragraph (2), in” and inserting “In”; and

(2) by striking paragraph (2).

(b) Rights in technical data.—Section 2320 of title 10, United States Code, is amended—

(1) by striking subsection (f); and

(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

SEC. 882. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems.

(a) Implementation required.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems.

(b) Exceptions.—

(1) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation.

(2) NONIMPLEMENTATION.—The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees—

(A) the reasons for the decision not to implement the recommendation; and

(B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation.

(c) Implementation plans.—For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees—

(1) a summary of actions that have been taken to implement the recommendation; and

(2) a schedule, with specific milestones, for completing the implementation of the recommendation.

SEC. 883. Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018.

(a) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall include the following systems for realignment under the pilot program to use agile or iterative development methods pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91):

(1) Global Positioning System Next Generation Operational Control System (GPS OCX).

(2) Integrated Air and Missile Defense Battle Command System (IBCS).

(3) Command Control Battle Management and Communications (C2BMC).

(4) The family of Distributed Common Ground Systems.

(5) The family of Global Command and Control Systems.

(6) Joint Space Operations Center Mission Systems (JMS).

(7) Joint Strike Fighter Autonomic Logistics Information System (ALIS).

(8) Electronic Procurement System (ePS).

(9) Air Force Integrated Personnel and Pay System (AFIPPS).

(10) Navy Personnel and Pay (NP2).

(11) Integrated Personnel and Pay-Army (IPPS-A).

(12) Maintenance, Repair, and Overhaul (MROI).

(13) Defense Enterprise Accounting Management System (DEAMS).

(14) Army Contract Writing System.

(15) Contracting IT System.

(16) Defense-wide Electronic Procurement Capabilities.

(b) Revisions to list.—The Secretary of Defense shall notify the congressional defense committees of any revisions to the list of systems included for realignment under subsection (a).

SEC. 884. Enabling and other activities of the Cloud Executive Steering Group.

(a) Activities required.—Commencing not later than 90 days after the date of the enactment of this Act, the Cloud Executive Steering Group (CESG) established by the Deputy Secretary of Defense in a directive memorandum dated September 13, 2017, in order to support its Joint Enterprise Defense Infrastructure (JEDI) initiative to procure commercial cloud services, shall conduct certain key enabling activities as follows:

(1) ADVANCED COMMERCIAL NETWORK CAPABILITIES.—Develop an approach to rapidly acquire advanced commercial network capabilities, including software-defined networking, on-demand bandwidth, and aggregated cloud access gateways, through commercial service providers in order—

(A) to support the migration of applications and systems to commercial cloud platforms;

(B) to increase visibility of end-to-end performance to enable and enforce service level agreements for cloud services;

(C) to ensure efficient and common cloud access;

(D) to facilitate shifting data and applications from one cloud platform to another;

(E) to improve cybersecurity; and

(F) to consolidate networks and achieve efficiencies and improved performance;

(2) WORKLOAD AND MIGRATION ANALYSIS.—Conduct an analysis of existing workloads that would be migrated to the Joint Enterprise Defense Infrastructure, including—

(A) identifying all of the cloud initiatives across the Department of Defense, and determining the objectives of such initiatives in connection with the intended scope of the Infrastructure;

(B) identifying all the systems and applications that the Department would intend to migrate to the Infrastructure;

(C) conducting rationalization of applications to identify applications and systems that may duplicate the processing of workloads in connection with the Infrastructure; and

(D) as result of such actions, arriving at dispositions about migration or termination of systems and applications in connection with the Infrastructure.

(b) Limitation on new systems and applications.—The Deputy Secretary shall require that no new system or application will be approved for development or modernization without an assessment that such system or application is already, or can and would be, cloud-hosted.

(c) Integration and support.—The Deputy Secretary shall ensure that the activities conducted under subsection (a) are integrated with and support the plan of the Department to acquire and migrate to commercial cloud services.

(d) Transparency and competition.—The Deputy Secretary shall ensure that the acquisition approach of the Department continues to follow the Federal Acquisition Regulation, including part 16.504(c) of such regulation, regarding procedures relating to the preference for multiple awards.

subtitle IOther matters

SEC. 891. Prohibition on certain telecommunications services or equipment.

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

(1) In its 2011 “Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China”, the Department of Defense stated, “China’s defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. Progress within individual defense sectors appears linked to the relative integration of each, through China’s civilian economy, into the global production and R&D chain … Information technology companies in particular, including Huawei, Datang, and Zhongxing, maintain close ties to the PLA.”.

(2) In a 2011 report titled “The National Security Implications of Investments and Products from the People’s Republic of China in the Telecommunications Sector”, the United States China Commission stated that “[n]ational security concerns have accompanied the dramatic growth of China’s telecom sector. … Additionally, large Chinese companies—particularly those ‘national champions’ prominent in China’s ‘going out’ strategy of overseas expansion—are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.”.

(3) The Commission further stated in its report that “[f]rom this point of view, the clear economic benefits of foreign investment in the U.S. must be weighed against the potential security concerns related to infrastructure components coming under the control of foreign entities. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.”.

(4) In its 2011 Annual Report to Congress, the United States China Commission stated that “[t]he extent of the state’s control of the Chinese economy is difficult to quantify … There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.”.

(5) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had “shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with”.

(6) The Federal Bureau of Investigation, in a February 2015 Counterintelligence Strategy Partnership Intelligence Note stated that, “[w]ith the expanded use of Huawei Technologies Inc. equipment and services in U.S. telecommunications service provider networks, the Chinese Government’s potential access to U.S. business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on U.S. networks may be exploited through Chinese cyber activity, with China’s intelligence services operating as an advanced persistent threat to U.S. networks.”.

(7) The FBI further stated in its February 2015 counterintelligence note that “China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure”.

(8) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, “In the Office of the Secretary of Defense, absolutely not. And I know of no other—I don't believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.”.

(9) At that hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, “As we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.”.

(10) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping U.S.-origin items to Iran, paying the United States Government a penalty of $892,360,064 for activity between January 2010 and January 2016.

(11) The Department of the Treasury’s Office of Foreign Assets Control issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, Sudan, and Syria.

(12) In the bipartisan “Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE” released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that “U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. Similarly, government contractors—particularly those working on contracts for sensitive U.S. programs—should exclude ZTE or Huawei equipment in their systems.”.

(b) Prohibition on use or procurement.—The Secretary of Defense may not—

(1) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

(2) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Effective dates.—The prohibition under subsection (b)(1) shall take effect 180 days after the date of the enactment of this Act and the prohibition under subsection (b)(2) shall take effect three years after the date of the enactment of this Act.

(d) Rule of construction.—Nothing in this section shall be construed to—

(1) prohibit the Secretary of Defense from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles

(e) Definitions.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means the People’s Republic of China.

(2) COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES.—The term “covered telecommunications equipment or services” means any of the following:

(A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(B) Telecommunications services provided by such entities or using such equipment.

(C) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

SEC. 892. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

(a) Report required.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the recommendations contained in the audit of the Army Audit Agency of the Army’s Marketing and Advertising Program concerning contract oversight and return on investment.

(2) ELEMENTS.—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 (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 50 percent of the amounts authorized to be appropriated by this Act or otherwise made available 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 under subsection (a).

(c) Comptroller General review.—Not later than 90 days after the date of the submittal of the report required under 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. The 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. 893. Permanent SBIR and STTR authority for the Department of Defense.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended—

(1) in subsection (m), by inserting “, except with respect to the Department of Defense” after “September 30, 2022”; and

(2) in subsection (n)(1)(A)—

(A) by inserting “(or, with respect to the Department of Defense, any fiscal year)” after “2022”; and

(B) by inserting “(or, with respect to the Department of Defense, for any fiscal year)” after “for that fiscal year”.

SEC. 894. Procurement of telecommunications supplies for experimental purposes.

Section 2373 of title 10, United States Code, is amended by inserting “telecommunications,” after “space flight,”.

SEC. 895. Access by developmental and operational testing activities to data regarding modeling and simulation activity.

(a) In general.—Section 139(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.”.

(b) Additional testing data.—Developmental Test and Evaluation activities under the leadership of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of developmental test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.

TITLE IXDepartment of Defense Organization and Management

subtitle AOffice of the Secretary of Defense and Related Matters

SEC. 901. Powers and duties of the Under Secretary of Defense for Research and Engineering in connection with priority emerging technologies.

(a) In general.—In carrying out duties under section 133a of title 10, United States Code, in connection with the National Defense Strategy of the Department of Defense of 2018, the Under Secretary of Defense for Research and Engineering shall have the authority to direct the Secretaries of the military departments, and the heads of all other elements of the Department of Defense with regard to matters for which the Under Secretary has responsibility, with respect to programs, projects, and activities in connection with technology areas given priority, including technology areas as follows:

(1) Directed energy.

(2) Hypersonics.

(3) Artificial intelligence.

(4) Future space satellite architectures.

(b) Direction of Secretary of Defense.—

(1) IN GENERAL.—The Under Secretary shall carry out any powers and duties under this section under the authority, direction, and control of the Secretary.

(2) CONSTRUCTION OF AUTHORITY.—Nothing in this section may be construed as altering or revising the authority, direction, and control of the Under Secretary by the Secretary of Defense and the Deputy Secretary of Defense.

(c) Satellite architectures.—

(1) NO DIRECTIONAL AUTHORITY FOR SPACE LAUNCH VEHICLES.—The authority in subsection (a) with respect to future space satellite architectures does not include the following:

(A) Authority for space launch vehicles.

(B) Authority for direction of the Evolved Expendable Launch Vehicle program, including any program, project, or activity relating to the Next Generation Launch System.

(2) FINAL DECISIONAL AUTHORITY ON ARCHITECTURES.—The Deputy Secretary of Defense shall have final decisional authority over any decision on future space satellite architecture under the authority in subsection (a). The Deputy Secretary shall exercise such final decisional authority in consultation with the Secretaries of the military departments.

(d) Coordination.—In executing powers and duties under this section, the Under Secretary shall consult with appropriate officials of the military departments and the Defense Agencies in order to maximize support of effective and efficient execution of the National Defense Strategy referred to in subsection (a).

(e) Expiration.—The authority of the Under Secretary under this section shall expire on the date that is one year after the date of the enactment of this Act.

SEC. 902. Redesignation and modification of responsibilities of Under Secretary of Defense for Personnel and Readiness.

(a) Redesignation and responsibilities as Under Secretary of Defense for Personnel.—

(1) IN GENERAL.—Section 136 of title 10, United States Code, is amended—

(A) by striking “and Readiness” each place it appears; and

(B) by striking subsection (d).

(2) HEADING AMENDMENT.—The heading of such section is amended to read as follows:

§ 136. Under Secretary of Defense for Personnel”.

(b) Designation as Chief Human Capital Officer.—Such section is further amended—

(1) by inserting “(1)” after “(b)”; and

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

“(2) The Under Secretary is the Chief Human Capital Officer of the Department of Defense for purposes of chapter 14 of title 5.”.

(c) Clerical amendment.—The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 136 and inserting the following new item:

(d) Other conforming amendments.—

(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is further amended as follows:

(A) In section 131(b)(3), by striking subparagraph (E) and inserting the following new subparagraph (E):

“(D) The Undersecretary of Defense for Personnel.”.

(B) In section 137(c), by striking “and Readiness”.

(2) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 of title 5, United States Code, is amended by striking the item relating to the Under Secretary of Defense for Personnel and Readiness and inserting the following new item:

“ Under Secretary of Defense for Personnel.”.

(e) References.—Any reference to the Under Secretary of Defense for Personnel and Readiness in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Under Secretary of Defense for Personnel.

SEC. 903. Modification of responsibilities of the Under Secretary of Defense for Policy.

(a) In general.—Paragraph (2) of section 134(b) of title 10, United States Code, is amended to read as follows:

“(2) The Under Secretary shall assist the Secretary of Defense in the following:

“(A) Preparing the National Defense Strategy, as required by section 113 of this title.

“(B) Preparing policy guidance for the preparation of campaign and contingency plans by the commanders of the combatant commands, and in reviewing such plans.

“(C) Preparing policy guidance for the development of the global force posture.

“(D) Preparing policy guidance to direct the formulation of program and budget requests by the military departments and other elements of the Department of Defense, and reviewing such requests in the anual planning, programming, and budget process.

“(E) Developing planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness.

“(F) Developing specific outcomes that the joint force should be ready to achieve and conducting assessments of the readiness of the joint force to achieve such outcomes.

“(G) Devising specific criteria to direct reviews by the Director of Cost Assessment and Program Evaluation of the implementation of the capability and readiness priorities of the Secretary.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on February 1, 2019.

SEC. 904. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics.

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 setting forth the following:

(1) A list of each provision of law, whether within or outside title 10, United States Code, in force as of the date of the report that, as of that date, assigns a duty, responsibility, or other requirement to the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(2) For each duty, responsibility, or other requirement specified in a provision of law listed pursuant to paragraph (1), the allocation of such duty, responsibility, or requirement within the Department of Defense, including—

(A) solely to the Under Secretary of Defense for Research and Engineering;

(B) solely to the Under Secretary of Defense for Acquisition and Sustainment;

(C) on a shared basis between the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment;

(D) solely to another official or organization of the Department;

(E) on a shared basis between other officials and organizations of the Department; or

(F) not allocated.

SEC. 905. Assistant Secretary of Defense for Strategy, Plans, Assessments, Readiness, and Capabilities.

(a) In general.—Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5)(A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Strategy, Plans, Assessments, Readiness and Capabilities.

“(B) The principal duty of the Assistant Secretary shall be to support the Secretary of Defense in developing the National Defense Strategy (as required by section 113 of this title) and related policy guidance for the campaign and contingency plans, force development and defense posture priorities, and readiness objectives required to execute the Strategy.

“(C) Subject to the authority, direction, and control of the Secretary and the Under Secretary of Defense for Policy, the Assistant Secretary shall be responsible for the following:

“(i) In matters relating to strategy and force planning, the following:

“(I) Supporting the Secretary and the Under Secretary in preparing the National Defense Strategy.

“(II) Producing policy guidance to direct the formulation of program and budget requests by the military departments and other elements of the Department, including the Defense Planning Guidance as required by section 113 of this title, and review such program and budget requests.

“(III) Proposing alternative force sizes and structures, joint capabilities and concepts, and roles and missions for the armed forces to inform the development of annual program and budget requests.

“(ii) In matters relating to plans and force posture, the following:

“(I) Supporting the Secretary and the Under Secretary in producing policy guidance to inform the development of campaign and contingency plans by the commanders of the combatant commands, including the Contingency Planning Guidance for Employment of the Force and the Global Defense Posture Report as required by section 113 of this title, and reviewing such plans.

“(II) Advising the Secretary and the Under Secretary on alternative concepts for the employment and posture of the joint force to align with the National Defense Strategy and other approved policy guidance of the Secretary.

“(iii) In matters relating to assessments, the following:

“(I) Developing planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness.

“(II) Producing detailed assessments at the strategic, campaign, and mission levels (including through war games) to evaluate the present and future capability and readiness of the armed forces to conduct joint military campaigns or competitions that are prioritized in approved policy guidance of the Secretary.

“(III) Devising specific criteria to direct reviews by the Director of Cost Assessment and Program Evaluation of the implementation of the capability and readiness priorities established in approved policy guidance of the Secretary.

“(iv) In matters relating to readiness, the following:

“(I) Describing the strategic, campaign, and mission outcomes that the joint force should be ready to achieve and by which joint force readiness will be assessed, in accordance with approved strategic guidance of the Secretary.

“(II) Conducting assessments of the readiness of the joint force to perform the missions prioritized in the National Defense Strategy and other approved policy guidance of the Secretary, including through the observation of military training and exercises.

“(v) In matters relating to strategic capabilities, developing and supervising policy, program planning and execution, and allocation and use of resources for any strategic capabilities designated by the Under Secretary.”.

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

SEC. 906. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense.

Section 142(b)(1) of title 10, United States Code, is amended—

(1) in subparagraph (A), by inserting “(other than with respect to business systems and management)” after “sections 3506(a)(2)”;

(2) in subparagraph (B), by striking “section 11315 of title 40” and inserting “sections 11315 and 11319 of title 40 (other than with respect to business systems and management)”; and

(3) in subparagraph (C), by striking “sections 2222, 2223(a), and 2224 of this title” and inserting “sections 2223(a) (other than with respect to business systems and management) and 2224 of this title”.

SEC. 907. Specification of certain duties of the Defense Technical Information Center.

(a) In general.—In addition to any other duties specified for the Defense Technical Information Center by law, regulation, or Department of Defense directive or instruction, the duties of the Center shall include the following:

(1) To execute the Global Research Watch Program under section 2365 of title 10, United States Code.

(2) To develop and maintain datasets and other data repositories on research and engineering activities being conducted within the Department.

(b) Action plan.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan of action for the commencement by the Defense Technical Information Center of the duties specified in subsection (a).

SEC. 908. Limitation on termination of, and transfer of functions, responsibilities, and activities of, the Strategic Capabilities Office.

(a) Limitation.—The Secretary of Defense may not terminate the Strategic Capabilities Office or transfer the functions or responsibilities of such office to another entity or organization until the Secretary—

(1) certifies to the congressional defense committees that the key functions, responsibilities, and activities of the office will be replicated and managed elsewhere after such office has been terminated or its functions, responsibilities, or activities have been transferred;

(2) submits to the congressional defense committees—

(A) a plan to replicate and manage such functions, responsibilities, and activities elsewhere; and

(B) if the Secretary decides that the Strategic Capabilities Office, or subsequent entity, should report to an official other than the Under Secretary for Research and Engineering, a justification for such decision.

(b) Key functions.—The key functions of the office referred to in subsection (a)(1) are the following:

(1) Repurposing existing Government and commercial systems for new technological advantage.

(2) Developing novel concepts of operation that are lower cost, more effective, and more responsive to changing threats than traditional concepts of operation.

(3) Developing joint systems and concepts of operations to meet emerging threats and military requirements based on partnerships with the military services and combatant commanders.

(4) Developing prototypes and new concepts of operations that can inform the development of requirements and the establishment of acquisition programs.

(5) Such other functions as the Secretary considers appropriate.

SEC. 909. Technical corrections to Department of Defense Test Resource Management Center authority.

Section 196 of title 10, United States Code, is amended in subsections (c)(1)(B) and (g) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.

subtitle BOrganization and Management of Other Department of Defense Offices and Elements

SEC. 921. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development.

Subparagraph (D) of section 153(a)(6) of title 10, United States Code, is amended to read as follows:

“(D) formulating policies for development and experimentation on both urgent and long-term concepts for the joint employment of the armed forces, including establishment of a process within the Joint Staff for—

“(i) analyzing and prioritizing gaps in capabilities that could potentially be addressed by joint concept development using existing or modified joint force capabilities; and

“(ii) ensuring that such joint concepts are tested, assessed and, if appropriate, fielded to support the joint force;”.

SEC. 922. Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict review of United States Special Operations Command.

(a) Review required.—The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall, in coordination with the Commander of the United States Special Operations Command, conduct a comprehensive review of the United States Special Operations Command for purposes of ensuring that the institutional and operational capabilities of special operations forces are appropriate to counter anticipated future threats across the spectrum of conflict.

(b) Scope of review.—The review required by subsection (a) shall include, at a minimum, the following:

(1) An assessment of the adequacy of special operations forces doctrine, organization, training, materiel, education, personnel, and facilities to implement the 2018 National Defense Strategy, and recommendations, if any, for modifications for that purpose.

(2) An assessment of the roles and responsibilities of special operations forces as assigned by law, Department of Defense guidance, or other formal designation and recommendations, if any, for additions to or divestitures of such roles or responsibilities.

(3) An assessment of the adequacy of the processes through which the United States Special Operations Command evaluates and prioritizes the requirements at the geographic combatant commands for special operations forces and special operations-unique capabilities and makes recommendations on the allocation of special operations forces and special operations-unique capabilities to meet such requirements, and recommendations, if any, for modifications of such processes.

(4) Any other matters the Assistant Secretary considers appropriate.

(c) Deadlines.—

(1) COMPLETION OF REVIEW.—The review required by subsection (a) shall be completed by not later than 270 days after the date of the enactment of this Act.

(2) REPORT.—Not later than 30 days after completion of the review, the Assistant Secretary shall submit to the congressional defense committees a report on the review, including the findings and any recommendations of the Assistant Secretary as a result of the review.

SEC. 923. Qualifications for appointment as Deputy Chief Management Officer of a military department.

(a) Department of the Army.—An individual may not be appointed as Deputy Chief Management Officer of the Department of the Army unless the individual—

(1) has significant experience in business operations or management in the public sector; or

(2) has significant experience managing an enterprise in the private sector.

(b) Department of the Navy.—An individual may not be appointed as Deputy Chief Management Officer of the Department of the Navy unless the individual—

(1) has significant experience in business operations or management in the public sector; or

(2) has significant experience managing an enterprise in the private sector.

(c) Department of the Air Force.—An individual may not be appointed as Deputy Chief Management Officer of the Department of the Air Force unless the individual—

(1) has significant experience in business operations or management in the public sector; or

(2) has significant experience managing an enterprise in the private sector.

SEC. 924. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition.

Section 5016(b)(4)(A) of title 10, United States Code, is amended by striking “and acquisition matters” and inserting “acquisition, and sustainment (including maintenance) matters”.

SEC. 925. Cross-functional teams in the Department of Defense.

(a) Establishment of certain teams.—

(1) IN GENERAL.—Among the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on each matter as follows:

(A) Electronic warfare.

(B) Personnel security.

(C) Close combat lethality.

(2) ESTABLISHMENT AND ACTIVITIES.—Each cross-functional team established pursuant to paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c).

(3) DEADLINE FOR ESTABLISHMENT.—The cross-functional teams required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act.

(b) Additional cross-functional teams matters.—

(1) CRITERIA FOR DISTINGUISHING AMONG CROSS-FUNCTIONAL TEAMS.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue criteria that distinguish cross-functional teams under section 911 of the National Defense Authorization Act for Fiscal Year 2017 from other types of cross-functional working groups, committees, integrated product teams, and task forces of the Department.

(2) PRIMARY RESPONSIBILITY FOR IMPLEMENTATION OF TEAMS.—The Deputy Secretary of Defense shall establish or designate an office within the Department that shall have primary responsibility for implementing section 911 of the National Defense Authorization Act for Fiscal Year 2017.

SEC. 926. Deadline for completion of full implementation of requirements in connection with organization of the Department of Defense for management of special operations forces and special operations.

The Secretary of Defense shall ensure that the implementation of section 922 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2354) and the amendments made by that section is fully complete by not later than 90 days after the date of the enactment of this Act.

subtitle COrganization and Management of the Department of Defense Generally

SEC. 931. Limitation on availability of funds for major headquarters activities of the Department of Defense.

(a) In general.—Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section:

§ 118. Major headquarters activities: limitation on funds available

“(a) Overall limitation.—In any fiscal year after fiscal year 2020, the aggregate amount that may be obligated and expended on major headquarters activities may not exceed an amount equal to 1.6 percent of the average amount authorized to be appropriated for the Department of Defense (including for overseas contingency operations) over the 10 fiscal years ending with the preceding fiscal year.

“(b) Limitations on availability for particular activities.—Within the amount available for a fiscal year pursuant to subsection (a), amounts shall be available as follows:

“(1) For the Office of the Secretary of Defense, not more than an amount equal to 0.4 percent of the average amount authorized to be appropriated for the Department of Defense (including for overseas contingency operations) over the 10 fiscal years ending with the preceding fiscal year.

“(2) For the major headquarters activities of a military department, not more than an amount equal to 1 percent of the average amount authorized to be appropriated for the Department of Defense (including for overseas contingency operations) for such military department over the 10 fiscal years ending with the preceding fiscal year.

“(c) Distribution of remaining funds.—Any funds available in a fiscal year for major headquarters activities under subsection (a) after the operation of subsection (b) in connection with such fiscal year may be distributed for availability by the Secretary of Defense among any major headquarters activities other than the Office of the Secretary of Defense.

“(d) Definitions.—In this section:

“(1) The term ‘major headquarters activities’ has the meaning given the term ‘major Department of Defense headquarters activities’ in section 346(b)(3) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note).

“(2) The term ‘major headquarters activities of a military department’ means the following:

“(A) In the case of the Army, the Office of the Secretary of the Army and the Army Staff.

“(B) In the case of the Navy, the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps.

“(C) In the case of the Air Force, the Office of the Secretary of the Air Force and the Air Staff.

“(3) The term ‘Office of the Secretary of Defense’ includes the Joint Staff.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 2 of such title is amended by inserting after the item relating to section 117 the following new item:

SEC. 932. Responsibility for policy on civilian casualty matters.

(a) Designation of senior civilian official.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense at or above the level of Assistant Secretary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations.

(b) Responsibilities.—The senior civilian official designated under subsection (a) shall ensure that the policy referred to in that subsection provides for—

(1) uniform processes and standards across the combatant commands for accurately recording kinetic strikes by the United States military;

(2) the development and dissemination of best practices for reducing the likelihood of civilian casualties from United States military operations;

(3) the development of a publicly available Internet portal for the submittal of allegations of civilian casualties resulting from United States military operations;

(4) uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the consideration of relevant information from all available sources;

(5) uniform processes and standards across the combatant commands for—

(A) acknowledging the responsibility of the United States military for civilian casualties resulting from United States military operations; and

(B) offering ex gratia payments to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations, as determined to be necessary by the designated senior civilian official;

(6) regular engagement with relevant intergovernmental and nongovernmental organizations; and

(7) public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military operations; and

(8) such other matters with respect to civilian casualties resulting from United States military operations as the designated senior civilian official considers appropriate.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the senior civilian official designated under subsection (a) shall submit to the congressional defense committees a report that describes—

(1) the policy developed by the senior civilian official under that subsection; and

(2) the efforts of the Department to implement such policy.

SEC. 933. Additional matters in connection with background and security investigations for Department of Defense personnel.

(a) Additional matter for annual reports.—Subsection (k)(3) of section 925 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) by redesignating subparagraphs (H) through (L) as subparagraphs (I) through (M), respectively; and

(2) by inserting after subparagraph (G) the following new subparagraph (H):

“(H) The number of denials or revocations of a security clearance by each authorized adjudicative agency that occurred separately from a periodic reinvestigation.”.

(b) Sense of Congress.—Such section is further amended—

(1) by redesignating subsection (l) as subsection (m); and

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

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

“(1) personnel security investigations, and continuous evaluation, form an integral part of the security posture of the Department of Defense; and

“(2) to the extent practicable, the Department should coordinate with the security executive agent to ensure that the results of adjudication decisions, either within initial investigations or reinvestigations, are communicated in a transparent manner to ensure public trust in the adjudication process.”.

SEC. 934. Program of expedited security clearances for mission-critical positions.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall establish a program for the expedited processing of security clearances for mission-critical positions, fulfilled by either Government or contract employees. Under such program, the Security Executive Agent shall complete the processing of applications for security clearances—

(1) at the secret level in 15 or fewer days; and

(2) at the top secret level in 45 days or fewer.

(b) Security Executive Agent.—In this section, the term “Security Executive Agent” means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

SEC. 935. Information sharing program for positions of trust.

(a) Program required.—Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall establish a program to share between and among Federal Government agencies and industry partners of the Federal Government information regarding individuals applying for and in positions of trust, including derogatory and suitability information.

(b) Privacy safeguards.—The Security Executive Agent shall ensure that the program required by subsection (a) includes such safeguards for privacy as the Security Executive Agent considers appropriate.

(c) Provision of information to the private sector.—The Security Executive Agent shall ensure that under the program required by subsection (a) sufficient information is provided to the private sector so that employers in the private sector can make informed decisions about hiring and retention in positions of trust, while safeguarding personnel privacy.

(d) Implementation plan.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to Congress a plan for the implementation of the program required by subsection (a).

(2) CONTENTS.—The plan required by paragraph (1) shall include the following:

(A) Matters that address privacy, security, and human resources processes.

(B) Such recommendations as the Security Executive Agent may have for legislative or administrative action to carry out or improve the program.

(e) Security Executive Agent.—In this section, the term “Security Executive Agent” means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

SEC. 936. Report on clearance in person concept.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to congressional defense and intelligence committees a report on the requirements, feasibility, and advisability of implementing a clearance in person concept as described in subsection (b) for maintaining access to classified information.

(b) Clearance in person concept.—

(1) IN GENERAL.—Implementation of a clearance in person concept as described in this subsection would permit an individual who has been granted a national security clearance to maintain eligibility for access to classified information, networks, and facilities after the individual has separated from service to the Federal Government or transferred to a position that no longer requires access to classified information.

(2) RECOGNITION AS CURRENT.—The concept described in paragraph (1) would also ensure that, unless otherwise directed by the Security Executive Agent, the individual's security clearance would be recognized as current, regardless of employment status, with no further need for investigation or revalidation until the individual obtains a position requiring access to classified information.

(c) Contents.—The report required by subsection (a) shall address the following:

(1) Requirements for continuous vetting.

(2) Appropriate safeguards for privacy.

(3) An appropriate funding model.

(4) Fairness to small business concerns and independent contractors.

(d) Security Executive Agent.—In this section, the term “Security Executive Agent” means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

SEC. 937. Strategic Defense Fellows Program.

(a) Fellowship program.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a civilian fellowship program designed to provide leadership development and the commencement of a career track toward senior leadership in the Department.

(2) DESIGNATION.—The fellowship program shall be known as the “Strategic Defense Fellows Program” (in this section referred to as the “fellows program”).

(b) Eligibility.—An individual is eligible for participation in the fellows program if the individual—

(1) is a citizen of the United States or a lawful permanent resident of the United States in the year in which the individual applies for participation in the fellows program; and

(2) either—

(A) possesses a graduate degree from an accredited institution of higher education in the United States that was awarded not later than two years before the date of the acceptance of the individual into the fellows program; or

(B) will be awarded a graduate degree from an accredited institution of higher education in the United States not later than six months after the date of the acceptance of the individual into the fellows program.

(c) Application.—

(1) APPLICATION REQUIRED.—Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify.

(2) ELEMENTS.—Each application of an individual under this subsection shall include the following:

(A) Transcripts of educational achievement at the undergraduate and graduate level.

(B) A resume.

(C) Proof of citizenship or lawful permanent residence.

(D) An endorsement from the applicant’s graduate institution of higher education.

(E) An academic writing sample.

(F) Letters of recommendation addressing the applicant’s character, academic ability, and any extracurricular activities.

(G) A personal statement by the applicant explaining career areas of interest and motivations for service in the Department.

(H) Such other information as the Secretary considers appropriate.

(d) Selection.—

(1) IN GENERAL.—Each year, the Secretary shall select participants in the fellows program from among applicants for the fellows program for such year who qualify for participation in the fellows program based on character, commitment to public service, academic achievement, extracurricular activities, and such other qualifications for participation in the fellows program as the Secretary considers appropriate.

(2) NUMBER.—The number of individuals selected to participate in the fellows program in any year may not exceed the numbers as follows:

(A) Ten individuals from each geographic region of the United States as follows:

(i) The Northeast.

(ii) The Southeast.

(iii) The Midwest.

(iv) The Southwest.

(v) The West.

(B) Ten additional individuals.

(3) BACKGROUND INVESTIGATION.—An individual selected to participate in the fellows program may not participate in the program unless the individual successfully undergoes a background investigation applicable to the position to which the individual will be assigned under the fellows program and otherwise meets such requirements applicable to assignment to a sensitive position within the Department that the Secretary considers appropriate.

(e) Assignment.—

(1) IN GENERAL.—Each individual who participates in the fellows program shall be assigned to a position in the Office of the Secretary of Defense.

(2) POSITION REQUIREMENTS.—Each Under Secretary of Defense and each Director of a Defense Agency who reports directly to the Secretary shall submit to the Secretary each year the qualifications and skills to be demonstrated by participants in the fellows program to qualify for assignment under this subsection for service in a position of the office of such Under Secretary or Director.

(3) ASSIGNMENT TO POSITIONS.—The Secretary shall each year assign participants in the fellows program to positions in the offices of the Under Secretaries and Directors described in paragraph (2). In making such assignments, the Secretary shall seek to best match the qualifications and skills of participants in the fellows program with the requirements of positions available for assignment. Each participant so assigned shall serve as a special assistant to the Under Secretary or Director to whom assigned.

(4) TERM.—The term of each assignment under the fellows program shall be one year.

(5) PAY AND BENEFITS.—An individual assigned to a position under the fellows program shall be compensated at the rate of compensation for employees at level GS–10 of the General Schedule, and shall be treated as an employee of the United States during the term of assignment, including for purposes of eligibility for health care benefits and retirement benefits available to employees of the United States.

(6) EDUCATION LOAN REPAYMENT.—To the extent that funds are provided in advance in appropriations Acts, the Secretary may repay any loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of loans under this paragraph shall be on a first-come, first-served basis.

(f) Career development.—

(1) IN GENERAL.—The Secretary shall ensure that participants in the fellows program—

(A) receive opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department such as the Defense Business Board and the Defense Innovation Board; and

(B) are provided appropriate opportunities for employment and advancement within the Department upon successful completion of the fellows program.

(2) RESERVATION OF POSITIONS.—In carrying out paragraph (1)(B), the Secretary shall reserve for participants who successfully complete the fellows program not fewer than 30 positions in the excepted service within the Department that are suitable for the commencement of a career track toward senior leadership within the Department. Any position so reserved shall not be subject to or covered by any reduction in headquarters personnel required under any other provision of law.

(3) NONCOMPETITIVE APPOINTMENT.—Upon the successful completion of the assignment of a participant in the fellows program in a position pursuant to subsection (e), the Secretary may, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, appoint the participant to a position reserved pursuant to paragraph (2) if the Secretary determines that such appointment will contribute to the development of highly qualified future senior leaders for the Department.

(4) PUBLICATION OF SELECTION.—The Secretary shall publish on an Internet website of the Department available to the public the names of the individuals selected to participate in the fellows program.

(g) Outreach.—The Secretary shall undertake appropriate outreach to inform potential participants in the fellows program of the nature and benefits of participation in the fellows program.

(h) Regulations.—The Secretary shall carry out this section in accordance with such regulations as the Secretary may prescribe for purposes of this section.

(i) Funding.—Of the amounts authorized to be appropriated for each fiscal year for the Department of Defense for operation and maintenance, Defense-wide, $10,000,000 may be available to carry out the fellows program in such fiscal year.

subtitle DOther Matters

SEC. 941. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies.

(a) In general.—The Chief Management Officer of the Department of Defense shall develop a policy on analysis of Department of Defense datasets on business management and business operations by the public for purposes of accessing data analysis capabilities that would promote savings and efficiencies and otherwise enhance the utility of such datasets to the Department.

(b) Initial discharge of policy.—

(1) IN GENERAL.—The Chief Management Officer shall commence the discharge of the policy required pursuant to subsection (a) by—

(A) identifying one or more matters—

(i) that are of significance to the Department of Defense;

(ii) that are currently unresolved; and

(iii) whose resolution from a business management or business operations dataset of the Department could benefit from a method or technique of analysis not currently familiar to the Department;

(B) identifying between three and five business management or business operations datasets of the Department not currently available to the public whose evaluation could result in novel data analysis solutions toward management or operations problems of the Department identified by the Chief Management Officer; and

(C) encouraging, whether by competition or other mechanisms, the evaluation of the datasets described in subparagraph (B) by appropriate persons and entities in the public or private sector (including academia).

(2) PROTECTION OF SECURITY AND CONFIDENTIALITY.—In providing for the evaluation of datasets pursuant to this subsection, the Chief Management Officer shall take appropriate actions to protect the security and confidentiality of any information contained in the dataset, including through special precautions to ensure that any personally identifiable information is not included and no release of information will adversely affect national security missions.

SEC. 942. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security.

(a) Plan required.—The Under Secretary of Defense for Intelligence shall develop a plan on research and development activities to advance the capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security activities of the Department. The plan shall, to the extent practicable, provide for the leveraging of the capabilities of other government entities, institutions of higher education, and private sector entities with advanced, leading-edge expertise in data integration and analytics applicable to the challenges faced by the Department in connection with personnel security.

(b) Coordination.—Any activities under the plan may be carried out in coordination with the Defense Digital Service and the Defense Innovation Board.

(c) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall provide to the appropriate committees of Congress a briefing on the plan.

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

(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

TITLE XGeneral Provisions

subtitle AFinancial Matters

SEC. 1001. General transfer authority.

(a) Authority To transfer authorizations.—

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,500,000,000.

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to Congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. Inclusion of funds for Air Force pass-through items in Defense-wide budget for the Department of Defense.

(a) In general.—In any budget of the President submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for a fiscal year after fiscal year 2019, any funds for an Air Force pass-through item shall be requested in the Defense-wide budget of the Department of Defense rather than the budget of the Air Force.

(b) Air Force pass-through item defined.—In this section, the term “Air Force pass-through item” means a program, project, or activity for which—

(1) funds would otherwise be requested for the Air Force; and

(2) funds made available for execution will be executed by another department, agency, or element of the Department of Defense.

SEC. 1003. Report on shift in requests for funds for Department of Defense activities from funds for overseas contingency operations to funds through the base budget.

(a) Report required.—Not later than 14 days after the submittal to Congress of the budget of the President for fiscal year 2020 pursuant to section 1105 of title 31, United States Code, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on any shift during fiscal year 2020 from requests for funds for Department of Defense activities for overseas contingency operations to requests for funds for such activities for the Department generally (commonly referred to as the “base budget”).

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

(1) A description of the assumptions used by the Department of Defense and the Armed Forces in determining the programs, projects, and activities for which funds were requested for fiscal year 2019 for overseas contingency operations for which funds are requested for fiscal year 2020 for the Department generally, including any changes to the criteria for overseas contingency operations funding requests issued in 2010 and used by the Office of Management and Budget in identifying the programs, projects, and activities for which funds are so requested for fiscal year 2020.

(2) The programs, projects, and activities of the Department for which funds were requested for fiscal year 2019 for overseas contingency operations that are requested in the budget for fiscal year 2020 to be funded for the Department generally, and the amount for such programs, projects, and activities, set forth at the level of detail as follows:

(A) For procurement, by line item.

(B) For research, development, test, and evaluation, by program element (PE) number.

(C) For operation and maintenance, by sub-activity group (SAG).

(D) For military personnel, by sub-activity group.

(E) For revolving and management funds, by sub-activity group.

(F) For military construction, by project.

SEC. 1004. Ranking of auditability of financial statements of the organizations and elements of the Department of Defense.

(a) Report on ranking.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense (Comptroller), submit to the congressional defense committees a report setting forth a ranking of the auditability of the financial statements of the departments, agencies, organizations, and elements of the Department of Defense according to the progress made toward achieving auditability as required by law.

(b) Criteria for ranking.—The criteria to be used for ranking for purposes of the report under this section shall be—

(1) the criteria developed by the Under Secretary pursuant to section 1104 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) for a similar report under that section;

(2) other criteria developed by the Under Secretary for purposes of the report under this section; or

(3) a combination of the criteria described in paragraphs (1) and (2).

(c) Construction.—The report required by this section is in addition to the report required by section 1104 of the National Defense Authorization Act for Fiscal Year 2018.

SEC. 1005. Transparency of accounting firms used to support Department of Defense audit.

The Secretary of Defense shall require any accounting firm under contract or under consideration for a contract or for the renewal of an existing contract with the Department of Defense in support of the audit required under section 3521 of title 31, United States Code, to provide a statement setting forth the details of any disciplinary proceedings with respect to the accounting firm or its associated persons before any entity with the authority to enforce compliance with rules or laws applying to audit services offered by accounting firms.

subtitle BNaval Vessels and Shipyards

SEC. 1011. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures.

(a) In general.—Section 7301 of title 10, United States Code, is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Listing as battle force ship in Naval Vessel Register.—A covered vessel may not be listed in the Naval Vessel Register or other fleet inventory measures as a battle force ship until the delivery date specified in subsection (a).”.

(b) Definitions.—Such section is further amended by striking subsection (d), as redesignated by subsection (a)(1) of this section, and inserting the following new subsection:

“(d) Definitions.—In this section:

“(1) The term ‘covered vessel’ means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy.

“(2) The term ‘battle force ship’ means the following:

“(A) A commissioned United States Ship warship capable of contributing to combat operations.

“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.”.

SEC. 1012. Annual reports on examination of Navy vessels.

Section 7304 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(d) Annual report.—

“(1) IN GENERAL.—Not later than March 1 each year, the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the following:

“(A) An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards.

“(B) The overall number and types of vessels inspected during the preceding fiscal year.

“(C) For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years.

“(2) FORM.—Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction.

“(3) TERMINATION.—No report shall be required under this subsection after October 1, 2021.”.

SEC. 1013. Limitation on duration of homeporting of certain vessels in foreign locations.

(a) Limitation.—

(1) IN GENERAL.—Chapter 633 of title 10, United States Code, is amended by inserting after section 7310 the following new section:

§ 7310a. Homeporting of certain vessels in overseas locations: limitation on duration

“(a) In general.—A vessel specified in subsection (b) that is listed in the Naval Vessel Register may not be homeported in a location other than in the United States or Guam for a period of more than 10 consecutive years.

“(b) Specified vessels.—The vessels specified in this subsection are the following:

“(1) Aircraft carrier.

“(2) Amphibious ship.

“(3) Cruiser.

“(4) Destroyer.

“(5) Frigate.

“(c) Waiver.—

“(1) IN GENERAL.—The Chief of Naval Operations may waive the applicability of subsection (a) to a ship.

“(2) EFFECTIVENESS CONTINGENT ON REPORT.—A waiver under paragraph (1) with respect to a ship shall go into effect on the date on which the Chief of Naval Operations submits to the congressional defense committees a report on the waiver setting forth the following:

“(A) The ship covered by the waiver.

“(B) The duration of the waiver for such ship

“(C) The justification of the Chief of Naval Operations for the waiver.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 633 of such title is amended by inserting after the item relating to section 7310 the following new item:

(b) Effective date.—The amendments made by this section shall take effect on October 1, 2020, and shall apply with respect to the homeporting of vessels after that date, regardless of whether the continuous period of homeporting concerned commenced before that date.

SEC. 1014. Specific authorization requirement for nuclear refueling of aircraft carriers.

(a) In general.—Chapter 633 of title 10, United States Code, is amended by inserting after section 7314 the following new section:

§ 7314a. Nuclear refueling of aircraft carriers: specific authorization required

“Funds may not be obligated or expended for the procurement of a naval nuclear reactor power unit or associated reactor components for the nuclear refueling of an aircraft carrier unless such refueling is specifically authorized, by ship name and hull number, by statute.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 633 of such title is amended by inserting after the item relating to section 7314 the following new item:

SEC. 1015. Dismantlement and disposal of nuclear-powered aircraft carriers.

(a) In general.—Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

§ 7320. Nuclear-powered aircraft carriers: dismantlement and disposal

“(a) In general.—Not less than 90 days before the award of a contract for the dismantlement and disposal of a nuclear-powered aircraft carrier, or the provision of funds to a naval shipyard for the dismantlement and disposal of a nuclear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following:

“(1) A cost and schedule baseline for the dismantlement and disposal approved by the service acquisition executive of the Department of the Navy and the Chief of Naval Operations.

“(2) An independent cost estimate of the dismantlement and disposal prepared by the Office of Cost Analysis and Program Evaluation.

“(3) A description of the regulatory framework applicable to the management of radioactive materials in connection with the dismantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory enforcement authority—

“(A) a certification from that entity of its agreement to serve as the regulatory enforcement authority; and

“(B) a description of the legal basis for the authority of that entity to serve as the regulatory enforcement authority.

“(b) Supplemental information with budgets.—In the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for a fiscal year (as submitted to Congress under section 1105(a) of title 31), the Secretary of the Navy shall include information on each dismantlement and disposal of a nuclear-powered aircraft carrier occurring or planned to occur during the period of the future-years defense program submitted to Congress with that budget. Such information shall include, by ship concerned, the following:

“(1) A summary of activities and significant developments in connection with such dismantlement and disposal.

“(2) If applicable, a detailed description of cost and schedule performance against the baseline for such dismantlement and disposal established pursuant to subsection (a), including a description of and explanation for any variance from such baseline.

“(3) A description of the amounts requested, or intended or estimated to be requested, for such dismantlement and disposal for each of the following:

“(A) Each fiscal year covered by the future-years defense program.

“(B) Any fiscal years before the fiscal years covered by the future-years defense program.

“(C) Any fiscal years after the end of the period of the future-years defense program.

“(c) Future-years defense program defined.—In this section, the term ‘future-years defense program’ means the future-years defense program required by section 221 of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 633 of such title is amended by adding at the end the following new item:

SEC. 1016. National Defense Sealift Fund.

Section 2218(f)(3)(C) of title 10, United States Code, is amended by striking “two foreign constructed ships” and inserting “seven foreign constructed ships during the period beginning with fiscal year 2019 and ending with fiscal year 2030”.

SEC. 1017. Limitation on use of funds for retirement of hospital ships.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Navy may be obligated or expended to retire, prepare to retire, transfer, or place in storage any hospital ship.

(b) Waiver.—The Secretary of the Navy may waive the limitation in subsection (a) with respect to a hospital ship if the Secretary certifies to the congressional defense committees that the Secretary has—

(1) identified a replacement capability, and the necessary quantity of systems, to meet all hospital ship requirements of the combatant commands that are currently being met by such hospital ship;

(2) achieved initial operational capability of all systems described in paragraph (1); and

(3) deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability in order to continue to meet or exceed all requirements of the combatant commands that are currently being met by such hospital ship.

subtitle CCounterterrorism

SEC. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

Section 1033 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

SEC. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Section 1034(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

SEC. 1023. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Section 1035 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

SEC. 1024. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended inserting “or 2019” after “fiscal year 2018”.

SEC. 1025. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.

(a) Temporary transfer for medical treatment.—Notwithstanding section 1033 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), as amended by section 1021 of this Act, or any similar provision of law enacted after September 30, 2015, the Secretary of Defense may, after consultation with the Secretary of Homeland Security, temporarily transfer an individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary of Defense determines that—

(1) the medical treatment of the individual is necessary to prevent death or imminent significant injury or harm to the health of the individual;

(2) the necessary medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and

(3) the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this section.

(b) Limitation on exercise of authority.—The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or another official of the Department of Defense at the level of Under Secretary of Defense or higher.

(c) Conditions of transfer.—An individual who is temporarily transferred under the authority in subsection (a) shall—

(1) while in the United States, remain in the custody and control of the Secretary of Defense at all times; and

(2) be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines, in consultation with the Commander, Joint Task Force-Guantanamo Bay, Cuba, that any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay.

(d) Status while in United States.—An individual who is temporarily transferred under the authority in subsection (a), while in the United States—

(1) shall be deemed at all times and in all respects to be in the uninterrupted custody of the Secretary of Defense, as though the individual remained physically at United States Naval Station, Guantanamo Bay, Cuba;

(2) shall not at any time be subject to, and may not apply for or obtain, or be deemed to enjoy, any right, privilege, status, benefit, or eligibility for any benefit under any provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), or any other law or regulation;

(3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay; and

(4) shall not, as a result of such transfer, have a change in any designation that may have attached to that detainee while detained at United States Naval Station, Guantanamo Bay, pursuant to the Authorization for Use of Military Force (Public Law 107–40), as determined in accordance with applicable law and regulations.

(e) No cause of action.—Any decision to transfer or not to transfer an individual made under the authority in subsection (a) shall not give rise to any claim or cause of action.

(f) Limitation on judicial review.—

(1) LIMITATION.—Except as provided in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any claim or action against the United States or its departments, agencies, officers, employees, or agents arising from or relating to any aspect of the detention, transfer, treatment, or conditions of confinement of an individual transferred under this section.

(2) EXCEPTION FOR HABEAS CORPUS.—The United States District Court for the District of Columbia shall have exclusive jurisdiction to consider an application for writ of habeas corpus seeking release from custody filed by or on behalf of an individual who is in the United States pursuant to a temporary transfer under the authority in subsection (a). Such jurisdiction shall be limited to that required by the Constitution, and relief shall be only as provided in paragraph (3). In such a proceeding the court may not review, halt, or stay the return of the individual who is the object of the application to United States Naval Station, Guantanamo Bay, Cuba, pursuant to subsection (c).

(3) RELIEF.—A court order in a proceeding covered by paragraph (2)—

(A) may not order the release of the individual within the United States; and

(B) shall be limited to an order of release from custody which, when final, the Secretary of Defense shall implement in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 801 note).

(g) Notification.—Whenever a temporary transfer of an individual detained at Guantanamo is made under the authority of subsection (a), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of the transfer not later than five days after the date on which the transfer is made.

(h) Individual detained at Guantanamo defined.—In this section, the term “individual detained at Guantanamo” means an individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—

(1) is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or a member of the Armed Forces of the United States; and

(2) is—

(A) in the custody or under the control of the Department of Defense; or

(B) otherwise detained at United States Naval Station, Guantanamo Bay.

(i) Applicability.—This section shall apply to an individual temporarily transferred under the authority in subsection (a) regardless of the status of any pending or completed proceeding or detention on the date of the enactment of this Act.

subtitle DMiscellaneous Authorities and Limitations

SEC. 1031. Strategic guidance documents within the Department of Defense.

Section 113(g) of title 10, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following new paragraphs (2) through (4):

“(2)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A), and submit to the congressional defense committees, written guidance (to be known as ‘Defense Planning Guidance’) establishing goals, priorities, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—

“(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;

“(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);

“(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and

“(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).

“(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. The guidance shall be submitted to the congressional defense committees together with the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is submitted.

“(3)(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A), and submit to the congressional defense committees, written guidance (to be known as ‘Contingency Planning Guidance’ or ‘Guidance for Employment of the Force’) on the preparation and review of contingency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities.

“(B) The guidance required by this paragraph shall include the following:

“(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1).

“(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective.

“(C) The guidance required by this paragraph shall include the following:

“(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios.

“(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners.

“(iii) Guidance on global posture and global force management.

“(iv) Security cooperation priorities.

“(v) Specific guidance on United States and Department nuclear policy.

“(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in—

“(i) executing the global military integration responsibilities described in section 153 of this title; and

“(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant commands.

“(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed.

“(F) The guidance required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) in February of each year in which produced, and shall be accompanied by any written implementation documentation produced by the Chairman of the Joint Chiefs of Staff for purposes of such guidance.

“(4)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committee, a report (to be known as the ‘Global Defense Posture Report’) that shall include the following:

“(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department.

“(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Department.

“(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security locations.

“(iv) A description of the status of treaty, access, cost-sharing, and status-protection agreements with foreign nations.

“(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands.

“(vi) For each military department, a summary of the implications for overseas posture of any force structure changes.

“(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infrastructure, or transportation.

“(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year.

“(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year.

“(C) In this paragraph, the term ‘United States’, when used in a geographic sense, includes the territories and possessions of the United States”.

SEC. 1032. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations.

(a) Processes and procedures for integration.—The Secretary of Defense shall—

(1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and

(2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.

(b) Designated senior official.—

(1) IN GENERAL.—The Secretary shall designate a senior official of the Department of Defense (in this section referred to as the “designated senior official”) who shall implement and oversee the processes and procedures established under subsection (a). The designated senior official shall be designated by the Secretary from among individuals serving in the Department at or below the level of Under Secretary of Defense. The designated senior official shall oversee and chair the cross-functional team established pursuant to subsection (c) and the Electronic Warfare Executive Committee established in March 2015.

(2) RESPONSIBILITIES.—The designated senior official shall have, with respect to the implementation and oversight of the processes and procedures established under subsection (a), the following responsibilities:

(A) Development of a strategic framework for the conduct and execution of the electronic warfare mission area and joint electromagnetic spectrum operations by the Department, coordinated across all relevant elements of the Department, including both near-term and long-term guidance for the conduct of such operations.

(B) Oversight of resource management for the development and integration of electronic warfare capabilities of the Department.

(3) ANNUAL CERTIFICATION ON BUDGETING FOR CERTAIN CAPABILITIES.—Each budget for fiscal years 2020 through 2024 submitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code, shall include a certification by the senior designated official, as chair of the Electronic Warfare Executive Committee, whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following:

(A) The development of an Electromagnetic Battle Management capability for joint electromagnetic spectrum operations.

(B) The establishment and operation of associated Joint Electromagnetic Spectrum Operations cells.

(c) Cross-functional team for electronic warfare.—

(1) ESTABLISHMENT REQUIRED.—The Secretary shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional team for electronic warfare in order to identify gaps in electronic warfare capabilities and capacities within the Department across personnel, procedural, and equipment areas.

(2) SPECIFIC DUTIES.—The cross-functional team established pursuant to paragraph (1) shall provide recommendations to address gaps identified as described in that paragraph to the senior designated official.

(d) Plans and requirements for electronic warfare.—

(1) IN GENERAL.—The Secretary shall require the designated senior official to task the cross-functional team established pursuant to subsection (c) to develop requirements and specific plans for addressing personnel and capability gaps in the electronic warfare mission area, and plans for future warfare in that domain (including a roadmap for the next five years).

(2) UPDATE OF STRATEGY.—Not later than 180 days after the date of the enactment of this Act, the cross-functional team shall—

(A) update the strategy of the Department of Defense titled “The DOD Electronic Warfare Strategy” and dated June 2017 to include the roadmap referred to in paragraph (1); and

(B) submit the updated strategy to the designated senior official for transmittal to the congressional defense committees.

(3) ELEMENTS.—The requirements and plans developed by the cross-functional team pursuant to paragraph (1) shall include the following:

(A) An accounting of the efforts undertaken in support of the strategy referred to in paragraph (2)(A) since its issuance in June 2017.

(B) A description of any updates or changes to the strategy since its issuance, and a description of any anticipated updates or changes to the strategy as a result of the designation of the designated senior official.

(C) An assessment of vulnerabilities identified in the May 2015 Electronic Warfare assessment by the Defense Science Board.

(D) An assessment of the capability of joint forces to conduct joint electromagnetic spectrum operations against near-peer adversaries and any capability or capacity gaps in such capability that need to be addressed, including an assessment of the ability of joint forces to conduct coordinated military operations to exploit, attack, protect, and manage the electromagnetic environment in the Signals Intelligence, Electronic Warfare, and Spectrum Management mission areas.

(E) A review of the roles of offices within the Joint Staff, the Office of the Secretary of Defense, and the combatant commands with primary responsibility for joint electromagnetic spectrum policy and operations.

(F) A description of any assumptions about the roles and contributions of the Department, in coordination with other departments and agencies of the United States Government, with respect to the strategy.

(G) A description of actions, performance metrics, and projected timelines for achieving key capabilities for electronic warfare and joint electromagnetic spectrum operations to correspond to the four thematic goals identified in the strategy and as addressed by the roadmap.

(H) An analysis of any personnel, resourcing, capability, authority, or other gaps to be addressed in order to ensure effective implementation of the strategy across all relevant elements of the Department, including an update on each of the following:

(i) The development of an Electromagnetic Battle Management capability for joint electromagnetic spectrum operations.

(ii) The establishment and operation of Joint Electromagnetic Spectrum Operations cells at critical combatant command locations.

(I) An investment framework and projected timeline for addressing any gaps described by subparagraph (H).

(J) In consultation with the Director of the Defense Intelligence Agency—

(i) a comprehensive assessment of the electronic warfare capabilities of the Russian Federation and People's Republic of China;

(ii) a review of vulnerabilities with respect to electronic systems, such as the Global Positioning System, and in Department-wide abilities to conduct countermeasures in response to electronic warfare attacks; and

(iii) a holistic study of all aspects of the manner in which the Russian Federation and the People's Republic of China develop electronic warfare doctrine, with order of battle across multiple domains, and long-term research trends of each country in connection with such warfare.

(K) Such other matters as the Secretary considers appropriate.

(4) PERIODIC STATUS REPORTS.—Not later than 90 days after the requirements and plans required by paragraph (1) are submitted in accordance with paragraph (2), and every 90 days thereafter during the three-year period beginning on the date such plans and requirements are first submitted in accordance with paragraph (2), the designated senior official shall submit to the congressional defense committees a report describing the status of the efforts of the Department in accomplishing the tasks specified in subparagraphs (B) and (G) of paragraph (3).

(e) Training and education.—Consistent with the elements under subsection (d)(3) of the plans and requirements required by subsection (d)(1), the cross-functional team established pursuant to subsection (c) shall provide the senior designated official recommendations for programs to provide training and education to such members of the Armed Forces and civilian employees of the Department as the Secretary considers appropriate in order to ensure that such members and employees understand the roles and vulnerabilities associated with electronic warfare and dependence on the electromagnetic spectrum.

SEC. 1033. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform.

None of the funds authorized to be appropriated by this Act may be used for United States Special Operations Command’s Global Messaging and Counter-Messaging platform until the Secretary of Defense submits to the congressional defense committees a report containing the following elements:

(1) A review of the doctrine, organization, training, materiel, leadership and education, personnel and facilities applicable to military information support personnel, including, at a minimum—

(A) an assessment of current doctrine, organization, training, materiel, leadership and education, personnel and facilities; and

(B) recommended changes for enhancing the ability of military information support personnel to operate effectively in the current and future information environment.

(2) An implementation plan for the establishment of the platform, including a timeline for achieving initial and full operational capability.

(3) A description of the budget requirements for the platform to reach full operational capability, including an identification and cost of any infrastructure and equipment requirements.

(4) A summary of costs to operate and sustain the platform across the future year’s defense plan.

(5) An explanation of the Secretary’s guidance to the combatant commands to ensure unity of effort and prevent the proliferation of messaging and counter-messaging platforms.

(6) A detailed description of the processes for deconfliction and, where possible, integration of platform planning and activities with those of relevant departments and agencies of the United States Government, including the Department of State's Global Engagement Center.

(7) An identification of any additional authorities that may be required for achieving full operational capability of the platform.

(8) Any other matters deemed relevant by the Secretary.

SEC. 1034. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.

(a) Finding.—Congress finds that the Department of Defense is continuing its process of permanently stationing KC–46A aircraft at installations in the continental United States (CONUS) and forward-basing outside the continental United States (OCONUS).

(b) Sense of Congress.—It is the sense of Congress that the Secretary of the Air Force, as part of the strategic basing process for KC–46A aircraft, should continue to place emphasis on and consider the benefits derived from locations outside the continental United States that—

(1) support day-to-day air refueling operations, operations plans of the combatant commands, and flexibility for contingency operations, and have—

(A) a strategic location that is essential to the defense of the United States and its interests;

(B) receivers for boom or probe-and-drogue training opportunities with joint and international partners; and

(C) sufficient airfield and airspace availability and capacity to meet requirements; and

(2) possess facilities that—

(A) take full advantage of existing infrastructure to provide—

(i) runway, hangars, and aircrew and maintenance operations; and

(ii) sufficient fuels receipt, storage, and distribution capacities for a 5-day peacetime operating stock; and

(B) minimize overall construction and operational costs.

SEC. 1035. Relinquishment of legislative jurisdiction of criminal offenses committed by juveniles on military installations.

(a) In general.—In the case of any military installation or portion of a military installation of which exclusive legislative jurisdiction of criminal offenses committed by juveniles is retained by the United States as of the date of the enactment of this Act, the Secretary concerned shall seek to relinquish to the State, Commonwealth, territory, or possession concerned legislative jurisdiction of such offenses such that the United States and the State, Commonwealth, territory, or possession, as the case may be, have concurrent legislative jurisdiction of such offenses.

(b) Manner of relinquishment.—Legislative jurisdiction shall be relinquished pursuant to subsection (a) in the manner provided in section 2683(a) of title 10, United States Code.

(c) Deadline.—The Secretaries concerned shall, to the extent practicable, complete relinquishment of legislative jurisdiction pursuant to subsection (a) by not later than one year after the date of the enactment of this Act.

(d) Reports.—

(1) IN GENERAL.—Not later than 15 months after the date of the enactment of this Act, each Secretary concerned shall submit to Congress a report on the relinquishment of legislative jurisdiction pursuant to subsection (a).

(2) ELEMENTS.—The report of a Secretary under this subsection shall include the following:

(A) A list of the installations or portions of installations under the jurisdiction of the Secretary of which exclusive legislative jurisdiction of criminal offenses committed by juveniles is retained by the United States as of the date of the enactment of this Act.

(B) A list of the installations or portions of installations listed pursuant to subparagraph (A) for which legislative jurisdiction was relinquished pursuant to subsection (a) as of the date that is one year after the date of the enactment of this Act.

(C) A list of the installations or portions of installations listed pursuant to subparagraph (A) for which legislative jurisdiction was not relinquished pursuant to subsection (a) as of the date that is one year after the date of the enactment of this Act, and, for each such installation or portion of installation, the reasons why such legislative jurisdiction was not so relinquished.

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

SEC. 1036. Policy on response to juvenile-on-juvenile abuse committed on military installations.

(a) In general.—The Secretary of Defense shall establish a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), on the response of the Department to allegations of juvenile-on-juvenile abuse on military installations. The policy shall be designed to ensure a consistent, standardized response to such allegations across the Department.

(b) Elements.—The policy required by this section shall provide for the following:

(1) Any report or other allegation of juvenile-on-juvenile abuse on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a chid development center, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation.

(2) Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles.

(3) Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents.

(4) Each review shall be conducted—

(A) with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and

(B) to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families.

(5) The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity.

(6) There shall be established and maintained a centralized database of information on each incident of abuse that is reviewed by a Family Advocacy Program under this section, with—

(A) the information in such database kept strictly confidential; and

(B) because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information.

(7) There shall be entered into the database, for each substantiated or unsubstantiated incident of abuse, appropriate information on the incident, including—

(A) a description of the allegation;

(B) whether or not the review is completed;

(C) whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and

(D) whether or not action was taken in response to the incident, and the nature of the action, if any, so taken.

subtitle EStudies and Reports

SEC. 1041. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces.

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

(1) the National Defense Strategy correctly characterizes the leading strategic challenges facing the United States as the reemergence of great power competition, the erosion of the United States military technological advantage, enduring violent extremism and instability in the broader Middle East and Africa, and continued uncertainty in the United States about the availability of sufficient resources for national defense;

(2) the National Defense Strategy correctly prioritizes the development of a more lethal joint force that is ready to deter and, if necessary, defeat aggression by great power competitors with advanced military capabilities, while conducting counterterrorism operations in a more sustainable manner, together with allies and partners;

(3) the National Defense Strategy, and the implications of the Strategy for the size, structure, shape, roles, missions, and employment of the joint force, was not completed in time to inform fully the budget of the President for national defense for fiscal year 2019;

(4) many Department of Defense programs of record are upgraded replacements of legacy systems that were not premised on the assumption that future conflict could occur in highly-contested environments against militarily advanced near-peer rivals;

(5) considerable growth in the size of the military will not be possible without growth in the budget, because the current future-years defense program assumes that defense spending after fiscal year 2019 will only increase at the rate of inflation, while costs for two of the largest drivers of costs for the Department, namely military personnel and operation and maintenance, continue to grow faster than the rate of inflation;

(6) the Senate strongly supports the pursuit by the Department of budgetary savings through internal reform and efficiencies, but notes that previous attempts to generate additional resources through such mechanisms did not generate resources as planned;

(7) increased force modernization investments must be based on a rigorous reassessment of whether current programs will meet present and future warfighting requirements against near-peer rivals that are making rapid military technological advancements;

(8) the Department must conduct further analytical work in order—

(A) to facilitate the implementation of the National Defense Strategy, as recommended by the Commission on the National Defense Strategy; and

(B) to provide Congress with a more rigorous understanding of, and justification for, future requests for resources to organize, train and equip, and employ the Armed Forces; and

(9) the Senate encourages the Secretary of Defense to refine the National Defense Strategy into more specific operational tasks and force planning scenarios that the joint force must be ready and able to perform in order to facilitate a better understanding of joint force development priorities and the roles and missions of each Armed Force.

(b) Report on roles and missions.—

(1) REPORT REQUIRED.—Not later than February 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a re-evaluation of the highest priority missions of the Department of Defense, and of the roles of the Armed Forces in the performance of such missions.

(2) GOALS.—The goals of the re-evaluation required for purposes of the report shall be as follows:

(A) To support implementation of the National Defense Strategy.

(B) To optimize the effectiveness of the joint force.

(C) To inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.

(c) Elements.—The report required by subsection (b) shall include the following:

(1) A detailed description of the pacing threats for each Armed Force, and for special operations forces, and an assessment of the manner in which such pacing threats determine the primary role of each Armed Force, and special operations forces, including the connection between key operational tasks required by contingency plans.

(2) A specific requirement for the size and composition of each Armed Force, including the following:

(A) The required total end strength and force structure by type for the Army.

(B) The required fleet size of the Navy, identified by class of ships and the corresponding total end strength requirement once that fleet size is achieved.

(C) The required number of operational Air Force squadrons, identified by function and the corresponding total end strength requirement once that number of squadrons is achieved.

(D) The required total end strength and force structure by type for the Marine Corps.

(E) The force sizing construct used to determine the end strength requirements covered by subparagraphs (A) through (D), the year-by-year plan for achieving such requirements, relevant force posture assumptions, and the associated military personnel costs of such plan.

(3) A re-evaluation of the roles of the Armed Forces in performing low-intensity missions, such as counterterrorism and security force assistance, including the following:

(A) An assessment whether the joint force would benefit from having one Armed Force dedicated primarily to low-intensity missions, thereby enabling the other Armed Forces to focus more exclusively on advanced peer competitors.

(B) A detailed description of, and accompanying justification for, the total amount of forces required to perform the security force assistance mission and the planned geographic employment of such forces.

(C) A revalidation of the Army plan to construct six Security Force Assistant Brigades, and an assessment of the impact, if any, of such plan on the capability of the Army to perform its primary roles under the National Defense Strategy.

(D) An assessment whether the security force assistance mission would be better performed by the Marine Corps, and an assessment of the end strength and force composition changes, if any, required for the Marine Corps to assume such mission.

(4) A reassessment of the roles and missions of the total ground forces, both Army and Marine Corps, to execute the National Defense Strategy, including the following:

(A) A detailed description of the allocation of roles for the Army and Marine Corps in deterring and waging war against advanced peer competitors that can complement the activities and investments of each such Armed Force and optimize the capabilities of each such Armed Force.

(B) A detailed description of the appropriate balance and mix of Army force structure, including light infantry, mechanized infantry, armor, air defense, fires, engineers, aviation, signals, and logistics, that is required to perform the roles and missions of the Army against its pacing threats.

(C) A detailed description of the modernized capabilities and concepts to be developed by the Army to contribute to joint force operations against advanced peer competitors, including the manner in which Army aviation will evolve in light of unmanned aerial vehicle technology.

(D) A revalidation of the requirement for ground force modernization efforts, including the Joint Light Tactical Vehicle, Future Vertical Lift, and Mobile Protected Fires, that are not optimized for conflict between the United States and advanced peer competitors.

(E) A detailed description of requirements for Army forces needed to support theater operations.

(5) An assessment, based on operational plans, of the ability of power projection platforms to survive and effectively perform the highest priority operational missions described in the National Defense Strategy, including the following:

(A) An assessment of the feasibility of the current plans and investments by the Navy and Marine Corps to operate and defend their sea bases in contested environments.

(B) An assessment whether amphibious forced entry operations against advanced peer competitors should remain an enduring mission for the joint force considering the stressing operational nature and significant resource requirements of such mission.

(C) An assessment whether a transition from large-deck amphibious ships to small aircraft carriers would result in a more lethal and survivable Marine Corps sea base that could accommodate larger numbers of more diverse strike aircraft.

(D) An assessment of the manner in which an acceleration of development and fielding of longer-range, unmanned, carrier-suitable strike aircraft could better meet operational requirements and alter the requirement for shorter-range, manned tactical fighter aircraft.

(E) An assessment of the manner in which the emerging technology to operate large numbers of low-cost, autonomous, attributable systems in the air, on and under the sea, on land, and in space could change the manner in which the joint force projects power globally.

(6) An assessment, based on operational plans, of the ability of manned, stealthy, penetrating strike platforms to survive and perform effectively the highest priority operational missions described in the National Defense Strategy, including the following:

(A) An assessment whether anticipated advances in stealth technology and the employment of such technology on existing or developmental systems, such as the F–35 and B–21 aircraft, can be expected to outpace and overmatch adversary capabilities to detect and target such systems.

(B) An assessment of the ability of fourth generation aircraft with advanced sensors and weapons to perform certain missions equally or more effectively than the missions assigned to, or envisioned for, fifth-generation penetrating strike platforms.

(C) An assessment of the manner in which the emerging technology to operate large numbers of low-cost, autonomous, attributable systems in the air, on and under the sea, on land, and in space could obviate or reduce the requirement for penetrating strike platforms.

(7) A re-evaluation of the most effective and efficient means for the joint force to perform the air superiority mission in both contested and uncontested environments, including the following:

(A) An assessment of the ability to achieve air superiority from other domains, including with land-based systems, naval systems, undersea systems, space-based systems, electronic warfare systems, or cyber capabilities.

(B) A validation of the envisioned operational and cost effectiveness of the Penetrating Counter-Air platform, and of the requirement for developing this system as part of the Air Force Next Generation Air Dominance program.

(C) A detailed description of the optimal mix across the joint force of fourth-generation and fifth-generation fighter aircraft, bomber aircraft, and Next Generation Air Dominance systems to fulfill operational demands for air superiority.

(D) A detailed description of the manner in which the joint force will perform the mission of light aerial attack in uncontested environments to support counterterrorism and security force assistance missions, and the mission of countering violent extremism operations, at the lowest cost to the readiness of advanced, multirole combat aircraft.

(E) A determination of what Armed Force, in addition to the Air Force, should have a role in the mission of light air attack in uncontested environments.

(8) A reevaluation of the roles and missions of the joint special operations enterprise, including the following:

(A) A detailed assessment whether the joint special operations enterprise is currently performing too many missions worldwide, and whether any such missions could be performed adequately and more economically by conventional units.

(B) A detailed assessment whether the global allocation of special operations forces, and especially the most capable units, is aligned to the pacing threats and priority missions of the National Defense Strategy.

(C) A detailed description of the changes required to align the joint special operations enterprise more effectively with the National Defense Strategy.

(9) An assessment of the manner in which increased use of the space domain should revise or reallocate the requirements of the joint force, including the following:

(A) A detailed description of the missions, including joint moving target indication, air battle management, and missile and aircraft tracking and targeting, that could be performed more effectively from space-based platforms due to emerging technology and operational requirements.

(B) An assessment of the manner in which the joint force can take advantage of the development and deployment of disaggregated commercial satellite Internet constellations to replace legacy tactical communications networks and devices and achieve multi-domain command and control more effectively and at lower cost.

(C) An assessment of the manner in which to ensure that the joint force has access to technologies that deliver superior offensive space capabilities and a maneuver advantage to and within the space domain, including reusable launch systems and spacecraft, on-orbit refueling and manufacturing, on-orbit power generation, and exploitation of space minerals and propellants.

(D) A detailed description of the actions to be taken by components of the Department to promote and protect the development of a licit space economy, including the following:

(i) Defense of commercial activities, facilities, and claims.

(ii) Safety of navigation.

(iii) Rescue and recovery.

(iv) Construction and maintenance of public works in Cis-Lunar Space.

(v) Active debris remediation.

(vi) Establishment of an on-orbit national strategic reserve of space minerals and propellants.

(10) A reassessment of the manner in which the joint force will perform the mission of logistics in contested environments, including the following:

(A) A revalidation of the requirement for the KC–46 tanker aircraft, including an assessment of the aerial refueling requirements in contested environments and a greater reliance on distributed systems of systems.

(B) A detailed assessment whether the mission of logistics in contested environments could be better performed by larger numbers of lower-cost, autonomous systems capable of dispersed operations on land, at sea, and in the air.

(C) A detailed assessment whether greater forward stationing of joint force capabilities and personnel would be more operationally effective in performing the contact and blunt missions of the National Defense Strategy.

(d) Form.—The report required in subsection (b) shall be submitted in classified form, and shall include an unclassified summary.

SEC. 1042. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers.

(a) Reports required.—Chapter 9 of title 10, United States Code, is amended by inserting after section 222a the following new section:

§ 222b. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers

“(a) Annual reports.—At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (b):

“(1) The Out-Year Unconstrained Total Munitions Requirement.

“(2) The Out-Year inventory numbers.

“(b) Presentation.—The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of munitions with respect to each of the following:

“(1) Combat Requirement, broken out by operation plan (OPLAN).

“(2) Current Operation/Forward Presence Requirement.

“(3) Strategic Readiness Requirement.

“(4) Homeland Defense.

“(5) Training and Testing Requirement.

“(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (c).

“(7) Out-year worldwide inventory.

“(c) Implementation guidance used.—In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year.

“(d) Definitions.—In this section:

“(1) The term ‘chief of staff’, with respect to the Marine Corps, means the Commandant of the Marine Corps.

“(2) The term ‘Out-Year Unconstrained Total Munitions Requirement’ has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222a the following new item:

SEC. 1043. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy.

(a) In general.—The Secretary