This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2019”.

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

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

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

(4) Division D—Coast Guard Authorization Act of 2017.

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

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

(7) Division G—Funding Tables.

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

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
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.

Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 7101.

(a) In general.—Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(10) A joint assessment by the Chief of Staff of the Army and the Chief of the National Guard Bureau on the efforts of the Army to achieve parity among the active component, the Army Reserve, and the Army National Guard with respect to equipment and capabilities. Each assessment shall include a comparison of the inventory of high priority items of equipment available to each component of the Army described in preceding sentence, including—

“(A) AH–64 Attack Helicopters;

“(B) UH–60 Black Hawk Utility Helicopters;

“(C) Abrams Main Battle Tanks;

“(D) Bradley Infantry Fighting Vehicles;

“(E) Stryker Combat Vehicles; and

“(F) any other items of equipment identified as high priority by the Chief of Staff of the Army or the Chief of the National Guard Bureau.”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to reports required to be submitted under section 10541 of title 10, United States Code, after the date of the enactment of this Act.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the M27 Infantry Automatic Rifle program of the Marine Corps, not more than 80 percent may be obligated or expended until the date on which the Commandant of the Marine Corps submits to the Committees on Armed Services of the Senate and the House of Representatives the assessment described in subsection (b).

(b) Assessment.—The assessment described in this subsection is a written summary of the views of the Marine Corps with respect to the Small Arms Ammunition Configuration Study of the Army, including—

(1) an explanation of how the study informs the future small arms modernization requirements of the Marine Corps; and

(2) near-term and long-term modernization strategies for the small arms weapon systems of the Marine Corps, including associated funding and schedule profiles.

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Contract authority.—

(1) PROCUREMENT AUTHORIZED.—The Secretary of the Navy may enter into one or more contracts, beginning with the fiscal year 2019 program year, for the procurement of one Ford class aircraft carrier to be designated CVN–81.

(2) PROCUREMENT IN CONJUNCTION WITH CVN–80.—The aircraft carrier authorized to be procured under subsection (a) may be procured as an addition to the contract covering the Ford class aircraft carrier designated CVN–80 that is authorized to be constructed under section 121 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).

(b) Use of incremental funding.—With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.

(c) Liability.—A contract entered into under subsection (a) shall provide that the total liability to the Government for termination of the contract entered into shall be limited to the total amount of funding obligated at the time of termination.

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

The Secretary of the Navy shall ensure that full ship shock trials results are incorporated into the construction of the Ford class aircraft carrier designated CVN–81.

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

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

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

(1) long lead time material; or

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

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

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

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

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 625 standard missile–6 missiles at a rate of not more than 125 missiles per year during the covered period.

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

(c) Covered period defined.—In this section, the term “covered period” means the 5-year period beginning with the fiscal year 2019 program year and ending with the fiscal year 2023 program year.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 24 E–2D aircraft.

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

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of the following:

(1) F/A–18E/F aircraft.

(2) EA–18G aircraft.

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

(c) Authority for advance procurement and economic order quantity.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2019, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include one or more contracts for the procurement of economic order quantities of material and equipment for such aircraft.

(a) Modifications required.—The Secretary of the Navy shall modify the F/A-18 aircraft to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of the aircraft. The modifications shall include, at minimum—

(1) replacement of the F/A–18 cockpit altimeter;

(2) upgrade of the F/A–18 onboard oxygen generation system;

(3) redesign of the F/A–18 aircraft life support systems required to meet onboard oxygen generation system input specifications;

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

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

(b) Report required.—Not later than February 1, 2019, and annually thereafter through February 1, 2021, the Secretary of the Navy shall submit to the congressional defense committees a written update on the status of all modifications to the F/A–18 aircraft carried out by the Secretary pursuant to subsection (a).

(c) Waiver.—The Secretary of the Navy may waive the requirement to make a modification under subsection (a) if the Secretary certifies to the congressional defense committees that the specific modification is inadvisable and provides a detailed justification for excluding the modification from the Navy’s planned upgrades for the F/A–18 aircraft.

(a) Technical data.—

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

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

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

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

(b) Definitions.—In this section:

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

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

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

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

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

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

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

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

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

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

(3) an assessment of the requirement to backfit such standards in service destroyers.

(a) Inventory requirement.—Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(j) (1) Except as provided in paragraph (2), effective October 1, 2019, the Secretary of the Air Force shall maintain a total primary assigned aircraft inventory of air refueling tanker aircraft of not less than 479 aircraft.

“(2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the primary assigned aircraft inventory of the Air Force below 479 only if—

“(A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and

“(B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A).

“(3) In this subsection:

“(A) The term ‘air refueling tanker aircraft’ means an aircraft that has as its primary mission the refueling of other aircraft.

“(B) The term ‘primary assigned aircraft inventory’ means aircraft authorized to a flying unit for operations or training.”.

(b) Limitation on retirement of KC–10A.—

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal year for the Air Force may be obligated or expended to retire, or to prepare to retire, any KC–10A aircraft until the date that is 30 days after the date on which the Secretary of the Air Force certifies to the congressional defense committees that Secretary has met the minimum inventory requirement under section 8062(j) of title 10, United States Code, as added by subsection (a) of this section.

(2) EXCEPTION FOR CERTAIN AIRCRAFT.—The requirement of paragraph (1) does not apply to individual KC–10A aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

(a) Certification required.—The Secretary of the Air Force shall submit to the congressional defense committees certification that, as of the date of the certification—

(1) the supplemental type certification and the military type certification for the KC-46A aircraft have been approved; and

(2) the Air Force has accepted the delivery of the first KC-46A aircraft.

(b) Limitation on use of funds.—None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Aircraft Procurement, Air Force, may be obligated or expended for three KC-46A aircraft until the Secretary of the Air Force submits the certification required under subsection (a).

(a) In general.—For purposes of the application of section 2244a of title 10, United States Code, the retirement date of the covered aircraft is deemed to be not later than December 31, 2025.

(b) Covered aircraft defined.—In this section, the term “covered aircraft” means the two VC–25A aircraft of the Air Force that are in service as of the date of the enactment of this Act.

The Secretary of the Air Force shall—

(1) ensure that the total period of any contract awarded for logistics support for the VC–25B aircraft does not exceed five years, as required under part 17.204(e) of the Federal Acquisition Regulation, unless otherwise approved in accordance with established procedures; and

(2) comply with section 2304 of title 10, United States Code, regarding full and open competition through the use of competitive procedures for the award of any logistics support contract following the initial five-year contract period.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 52 C–130J aircraft.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) test points are not redundant;

(B) test plans are approved expeditiously;

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

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

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

(a) Findings.—Congress finds the following:

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

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

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

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

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

Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.

(a) Certification required.—Not later than 15 days before entering into a contract for the procurement of a covered aircraft, the Secretary concerned shall submit to the congressional defense committees a written statement certifying that the aircraft to be procured under the contract will include the most recent technological advancements necessary to minimize the impact of physiological episodes on aircraft crewmembers.

(b) Waiver.—The Secretary concerned may waive the requirement of subsection (a) if the Secretary—

(1) determines the waiver is required in the interest of national security; and

(2) not later than 15 days before entering into a contract for the procurement of a covered aircraft, notifies the congressional defense committees of the rationale for the waiver.

(c) Termination.—The requirement to submit a certification under subsection (a) shall terminate on September 30, 2021.

(d) Definitions.—In this section:

(1) The term “covered aircraft” means a fighter aircraft, an attack aircraft, or a fixed wing trainer aircraft.

(2) The term “Secretary concerned” means—

(A) the Secretary of the Navy, with respect to covered aircraft of Navy; and

(B) the Secretary of the Air Force, with respect to covered aircraft of the Air Force.

(a) Implementation of GAO recommendations.—In accordance with the recommendations of the Government Accountability Office in the report titled “Armored Commercial Vehicles: DOD Has Procurement Guidance, but Army Could Take Actions to Enhance Inspections and Oversight” (GAO-17-513), not later than 180 days after the date of the enactment of this Act, the Secretary of Army shall—

(1) ensure that in-progress inspections are conducted at the armoring vendor’s facility for each procurement of an armored commercial passenger-carrying vehicle until the date on which the Secretary of Defense approves and implements an updated armoring and inspection standard for such vehicles; and

(2) designate a central point of contact for collecting and reporting information on armored commercial passenger-carrying vehicles (such as information on contracts execution and vehicle inspections).

(b) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing Department of Defense Instruction O–2000.16 Volume 1, dated November 2016, with respect to armored commercial passenger-carrying vehicles, including—

(1) whether criteria for the procurement of such vehicles have been established and distributed to the relevant components of the Department; and

(2) whether a process is in place for ensuring that the relevant components of the Department incorporate those criteria into contracts for such vehicles.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 7201.

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

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

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

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

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

Section 219(c)(4) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended—

(1) in subparagraph (A), by striking “Except as provided in subparagraph (B)” and inserting “Except as provided in subparagraph (C)”;

(2) by redesignating subparagraph (B) as subparagraph (C);

(3) by inserting after subparagraph (A) the following:

“(B) Except as provided in subparagraph (C) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, defense-wide, up to $100,000,000 may be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under paragraph (1).”; and

(4) in subparagraph (C), as so redesignated, by striking “made available under subparagraph (A)” and inserting “made available under subparagraph (A) or subparagraph (B)”.

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for weather service (PE 0305111F, Project 672738) for product development, test and evaluation, and management services associated with the Weather Common Component program may be obligated or expended.

(b) Report required.—

(1) IN GENERAL.—The Secretary of the Air force shall submit to the congressional defense committees a report on technologies and capabilities that—

(A) provide real-time or near real-time meteorological situational awareness data through the use of sensors installed on manned and unmanned aircraft; and

(B) were developed primarily using funds of the Department of Defense.

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

(A) a description of all technologies and capabilities described in paragraph (1) that exist as of the date on which the report is submitted;

(B) a description of any testing activities that have been completed for such technologies and capabilities, and the results of those testing activities;

(C) the total amount of funds used by the Department of Defense for the development of such technologies and capabilities;

(D) a list of capability gaps or shortfalls in any major commands of the Air Force relating to the gathering, processing, exploitation, and dissemination of real-time or near real-time meteorological situational awareness data for unmanned systems;

(E) an explanation of how such gaps or shortfalls may be remedied to supplement the weather forecasting capabilities of the Air Force and to enhance the efficiency or effectiveness of combat air power; and

(F) a plan for fielding existing technologies and capabilities to mitigate such gaps or shortfalls.

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

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

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

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

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

(A) engineering, manufacturing, and development;

(B) low-rate initial production;

(C) production; and

(D) initial contractor support; and

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

(c) GAO Report and briefing.—

(1) REPORT REQUIRED.—Not later than March 1, 2020, the Comptroller General of the United States shall submit to the congressional defense committees a report on Increment 1, Increment 2, and Increment 3 of the 21st Century Advanced Battle-Management System of Systems capability of the Air Force. The report shall include a review of—

(A) the technologies that compose the capability and the level of maturation of such technologies;

(B) the resources budgeted for the capability;

(C) the fielding plan for the capability;

(D) any risk assessments associated with the capability; and

(E) the overall acquisition strategy for the capability.

(2) INTERIM BRIEFING.—Not later than March 1, 2019, the Comptroller General of the United States shall provide to the Committee on Armed Services of the House of Representatives a briefing on the topics to be covered by the report under paragraph (1), including any preliminary data and any issues or concerns of the Comptroller General relating to the report.

(d) Air Force Report.—Not later than February 5, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the legacy fleet of E–8C Joint Surveillance Target Attack Radar System aircraft that includes—

(1) the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the Joint Surveillance Target Attack Radar System recapitalization program achieves initial operational capability; and

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

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

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

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

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

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

(a) Limitation.—Except as provided in subsection (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the F–35 continuous capability development and delivery program, not more than 75 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a detailed cost estimate and baseline schedule for the program, which shall include any information required for a major defense acquisition program under section 2435 of title 10, United States Code.

(b) Exception.—The limitation in subsection (a) does not apply to any funds authorized to be appropriated or otherwise made available for the development of the F–35 dual capable aircraft capability.

(a) Limitation.—Of the of funds described in subsection (d), not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits the report required under subsection (b).

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

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

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

(3) How intellectual property ownership issues associated with software applications developed with Agile DevOps processes will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded.

(4) The Secretary’s strategy for ensuring that software applications developed for Air Operations Centers are transportable and translatable among all the Centers to avoid any duplication of efforts.

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

(c) Review.—Before submitting the report under subsection (b), the Secretary of the Air Force shall ensure that the report is reviewed and approved by the Director of Defense Pricing and the Defense Procurement and Acquisition Policy.

(d) Funds described.—The funds described in this subsection are the following:

(1) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for Air and Space Operations Centers (PE 0207410F, Project 674596).

(2) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for other procurement, Air Force, for Air and Space Operations Centers.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees—

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

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

(b) Rule of construction.—The limitation in subsection (a) shall not be construed to apply to any other high energy laser program of the Department of Defense other than the program element specified in such subsection.

(a) Plan required.—Not later than March 1, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a plan—

(1) to eliminate the Strategic Capabilities Office of the Department of Defense by not later than October 1, 2020; or

(2) to transfer the functions of the Strategic Capabilities Office to another organization or element of the Department by not later than October 1, 2020.

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

(1) A timeline for the potential elimination or transfer of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.

(2) A strategy for mitigating risk to the programs of the Strategic Capabilities Office while the elimination or transfer is carried out.

(3) A strategy for implementing the lessons learned and best practices of the Strategic Capabilities Office across the organizations and elements of the Department of Defense to promote enterprise-wide innovation.

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

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

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

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

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

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

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

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

(6) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; and

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

(c) Annual submission.—

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

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

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

The Secretary of the Navy shall ensure that the aircraft carrier designated CVN–73 is modified to support the fielding of the MQ–25 unmanned aerial vehicle before the date on which the refueling and complex overhaul of the aircraft carrier is completed.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an innovators database within the Department of Defense in accordance with this section.

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

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

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

(2) include appropriate information about each participant, including a description of—

(A) the need or requirement applicable to the participant;

(B) the participant’s technology with appropriate technical detail and appropriate protections of proprietary information or data;

(C) any prior business of the participant with the Department; and

(D) whether the participant’s technology was incorporated into a program of record.

(d) Use of database.—After the database is established under subsection (a), the Secretary of Defense shall encourage program offices across the Department of Defense to consult the database before initiating a Request for Information or a Request for Proposal to determine whether an organic technology exists or is being developed currently by a an entity supported by the Department (which may include a company, academic consortium, or other entity).

Section 196(d) of title 10, United States Code, is amended—

(1) by amending paragraph (1) to read as follows: “(1) Not less often than once every two fiscal years, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of the Department to meet those future requirements and threats.”; and

(2) in paragraph (2)(C), by striking “needed to meet such requirements” and inserting “needed to meet current and future requirements based on current and emerging threats, including, at minimum, missile defense, cyberspace operations, direct energy, and hypersonics,”.

(a) Collaboration.—The Secretary of Defense may carry out activities to prioritize innovative collaboration between Department of Defense laboratories, industry, and academia.

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

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

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

(2) determine eligibility requirements for the program.

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

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

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

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

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

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

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

(a) In general.—Chapter 139 of title 10, United States Code, is amended by inserting before section 2358 the following new section:

(b) Clerical amendment.—The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting before the item relating to section 2358 the following new item:

“2357. Technology protection features activities.”.

(c) Conforming repeal.—Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed.

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

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

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

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

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

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

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

(a) Report required.—Not later than March 1, 2019, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Army to improve the survivability of air defense artillery, with a particular focus on the efforts of the Army to improve passive and active nonkinetic capabilities and training with respect to such artillery.

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

(1) An analysis of the utility of relevant passive and active non-kinetic integrated air and missile defense capabilities, including tactical mobility, new passive and active sensors, signature reduction, concealment, and deception systems, and electronic warfare and high-powered radio frequency systems.

(2) An analysis of the utility of relevant active kinetic capabilities, such as a new, long-range counter-maneuvering threat missile and additional indirect fire protection capability units to defend Patriot and Terminal High Altitude Area Defense batteries.

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

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

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

(1) a list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers;

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

(3) the cost of such modifications; and

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

(a) Report required.—Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on all efforts of the Air Force to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of covered aircraft.

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

(1) information on the rate of physiological episodes affecting crewmembers of covered aircraft;

(2) a description of the specific actions carried out by the Air Force to address such episodes, including a description of any upgrades or other modifications made to covered aircraft to address such episodes;

(3) schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and

(4) an explanation of any organizational or other changes to the Air Force carried out to address such physiological episodes.

(c) Covered aircraft defined.—In this section, the term “covered aircraft” means—

(1) F–35A aircraft of the Air Force;

(2) T–6A aircraft of the Air Force; and

(3) any other aircraft of the Air Force as determined by the Secretary of the Air Force.

(a) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the strategy of the Secretary for using quantum sciences for military applications and other purposes.

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

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

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

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

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

Not later than May 1, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the “Unit”). Such a report shall include the following:

(1) The integration of the Unit into the broader Department of Defense research and engineering community to coordinate and de-conflict activities of the Unit with similar activities of the military departments, Defense Agencies, Department of Defense laboratories, the Defense Advanced Research Project Agency, and other entities.

(2) The metrics used to measure the effectiveness of the Unit and the results of these metrics.

(3) The number and types of transitions by the Unit to the military departments or fielded to the warfighter.

(4) The use of other transaction authority by the Unit to include the process, procedures, documentation, and oversight of awards made using such authority.

(5) The impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Department including—

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

(B) the number of innovations delivered into the hands of the warfighter; and

(C) how the Department is notifying its internal components about participation in the Unit.

(6) How the Department of Defense is documenting and institutionalizing lessons learned and best practices of the Unit to alleviate the systematic problems with technology access and timely contract execution.

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

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

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

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

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

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

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

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

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

Section 2362(d) of title 10, United States Code, is amended—

(1) in the subsection heading, by striking “Priority” and inserting “Criteria”; and

(2) by striking “give priority in providing” and inserting “limit”.

(a) Report required.—Not later than February 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the OA–X light attack aircraft experiment and how the program incorporates partner nation requirements.

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

(1) how the OA–X light attack experiment will support partner nations’ low-cost counter terrorism light attack capability;

(2) the extent to which the attributes of affordability, interoperability, sustainability, simplicity of maintenance and operations are included in the requirements for the OA–X; and

(3) how Federal Aviation Administration certification and a reasonable path for military type certifications for commercial derivative aircraft are factored into foreign military sales for a partner nation.

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

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

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

Funds are here by authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 7301.

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

(1) in subsection (a)(2)—

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

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

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

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

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

Subsection (b) of section 2916 of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “Proceeds” and inserting “Except as provided in paragraph (3), proceeds”; and

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

Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—

(1) in clause (i), by striking “Upon request” and inserting “Except as provided by clause (ii), upon request”;

(2) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(3) by inserting after clause (i) the following new clause (ii):

“(ii) In the case of a request described in clause (i) made by the Department of Defense, such clause shall be applied—

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

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

(a) Sage-grouse and Prairie-Chicken.—

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

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

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

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

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

(1) The Department of Defense has identified nearly 39,500 sites that fall under the installation restoration program sites and munitions response sites.

(2) The installation response program addresses contamination from hazardous substances, pollutants, or contaminants and active military installations, formerly used defense site properties, and base realignment and closure locations in the United States.

(3) Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military munitions response program.

(4) The installation restoration program sites and munitions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamination, and local populations that have had to live with the consequences of contaminated drinking, including increased health concerns and decreasing property values.

(5) Through the end of fiscal year 2017, the Department of Defense had achieved response complete at 86 percent of installation restoration program sites and munitions response sites, but projects that it will fall short of meeting its goal of 90 percent by the end of fiscal year 2018.

(6) The fiscal year 2019 budget request for environmental restoration and base realignment and closure amounted to nearly $1,318,320,000, a decrease of $53,429,000 from the amount authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

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

(1) the environmental restoration and base realignment and closure programs are important for the protection of the environment, the health of the military and civilian personnel and their families who live and work on military installations, to ensure that current and legacy military operations do not adversely affect the health or environments of surrounding communities;

(2) the Department of Defense and the Armed Forces should seek to reduce the financial burden on state and local government who are bearing significant costs of cleanup stemming from defense related activities;

(3) the Department of Defense and the Armed Forces should expedite and streamline cleanup at locations where contamination is having a direct impact on civilian access to clean drinking water;

(4) the Department of Defense and the Armed Forces should continue to engage with and help allay local community concerns about the safety of the drinking water due to environmental degradation caused by defense related activities; and

(5) the Department of Defense should seek opportunities to accelerate environmental restoration efforts where feasible, to include programming additional resources for response actions, investing in technology solutions that may expedite response actions, improving contracting procedures, increasing contracting capacity, and seeking opportunities for partnerships and other cooperative approaches.

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

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

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

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

(a) In general.—Chapter 136 of title 10, United States Code, as amended by section 851, is further amended by adding at the end the following new section:

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

“2284. Explosive Ordnance Disposal Defense Program.”.

(a) In general.—The Secretary of Defense shall enter into an arrangement with the National Oceanic and Atmospheric Administration to conduct a study on the impact wind farms have on weather radars and subsequently Department of Defense operations and readiness.

(b) Elements.—The study required pursuant to subsection (a) shall include the following:

(1) The potential impacts of wind farms on NEXRAD radars and other Federal radars used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service for weather forecasts and warnings.

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

(A) Department of Defense air traffic control radars;

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

(C) air-to-ground drop zones;

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

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

(F) military training routes;

(G) over-the-horizon radars; and

(H) Department of Defense weather radars.

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

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

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

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

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

(8) Recommendations to ensure wind farms do not impact the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

(9) The cumulative impacts of multiple wind farms near a single radar on the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

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

(11) An analysis of whether certain wind turbine projects, based on project layout, turbine orientation, number of turbines, density of turbines, proximity to radar, or turbine height result in greater impacts to the missions of Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service, and if so, how can those projects be better cited to reduce or eliminate NEXRAD impacts.

(c) Submittal to Congress.—Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted pursuant to subsection (a).

(a) Site investigation required.—The Secretary of the Air Force shall conduct a core sampling study along the proposed route of the W–6 wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along the proposed route.

(b) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a).

Section 7304(a) of title 10, United States Code, is amended—

(1) by striking “The Secretary” and inserting “(1) The Secretary”; and

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

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

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

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

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

(1) in subsection (c)—

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

(B) by striking paragraph (5); and

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

“(d) Definitions.—In this section:

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

“(A) A naval vessel.

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

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

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

(a) Limitation.—

(1) IN GENERAL.—Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

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

“7320. Limitation on length of overseas forward deployment of naval vessels.”.

(b) Treatment of currently deployed vessels.—In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.

(c) Congressional briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary for the rotation of forward deployed naval vessels.

During the period beginning on the date of the enactment of this Act and ending on September 30, 2021, in carrying out chapter 9, volume 2B (relating to Instructions for the Preparation of Exhibit Fund-11a Carryover Reconciliation) of Department of Defense regulation 7000.14-R, entitled “Financial Management Regulation (FMR)”, in addition to any other applicable exemptions, the Secretary of Defense shall ensure that with respect to each military department depot or arsenal, outlay rates—

(1) reflect the timing of when during a fiscal year appropriations have historically funded workload; and

(2) account for the varying repair cycle times of the workload supported.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2019 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.

(b) Exception.—The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.

(c) Former Ship Repair Facility in Guam.—In this section, the term “Former Ship Repair Facility in Guam” means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 USC 2687 note).

(a) Business case analysis.—The Secretary of the Air Force shall prepare a business case analysis on the proposed relocation of the J85 Engine Regional Repair Center. Such analysis shall include each of the following:

(1) An overview of each alternative considered for the J85 Engine Regional Repair Center.

(2) The one-time and annual costs associated with each such alternative.

(3) The effect of each such alternative on workload capacity, capability, schedule, throughput, and costs.

(4) The effect of each such alternative on Government-furnished parts, components, and equipment, including mitigation strategies to address known limitations to T38 production throughput, especially such limitations caused by Government-furnished parts, equipment, or transportation.

(5) The effect of each such alternative on the transition of the Air Force to the T-X training aircraft.

(6) A detailed rationale for the selection of an alternative considered as part of the business case analysis under this section.

(b) Limitation on use of funds for relocation.—None of the funds authorized to be appropriated by this Act, or otherwise made available for the Air Force, may be obligated or expended for any action to relocate the J85 Engine Regional Repair Center until the date that is 150 days after the date on which the Secretary of the Air Force provides to the Committees on Armed Services of the Senate and House of Representatives a briefing on the business case analysis required by subsection (a).

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

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

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

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

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

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

(c) Assistance.—

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

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

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

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

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

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

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

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

(1) community and technical colleges;

(2) research universities;

(3) State and local governments;

(4) economic development entities;

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

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

(a) Report required.—Not later than 12 months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Armed Services and the Committee on Energy and Commerce in the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources in the Senate a report describing the requirements for, and components of, a pilot program to provide resilience for critical national security infrastructure at Department of Defense and Department of Energy facilities by contracting with a commercial entity to site, construct, and operate at least one licensed micro-reactor at a facility identified under the report by December 31, 2027.

(b) Consultation.—As necessary to develop the report required under subsection (a), the Secretary shall consult with—

(1) the Secretary of Defense;

(2) the Nuclear Regulatory Commission; and

(3) the Administrator of the General Services Administration.

(c) Contents.—The report required under subsection (a) shall include—

(1) identification of potential locations to site, construct, and operate a micro-reactor at a Department of Defense or Department of Energy facility that contains critical national security infrastructure that the Secretary determines may not be energy resilient;

(2) assessments of different nuclear technologies to provide energy resiliency for critical national security infrastructure;

(3) a survey of potential commercial stakeholders with which to enter into a contract under the pilot program to construct and operate a licensed micro-reactor;

(4) options to enter into long-term contracting, including various financial mechanisms for such purpose;

(5) identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities identified under paragraph (1);

(6) an estimate of the costs of the pilot program;

(7) a timeline with milestones for the pilot program;

(8) an analysis of the existing authority of the Department of Energy and Department of Defense to permit the siting, construction, and operation of a micro-reactor; and