In the Senate of the United States,
June 18, 2018.
June 19, 2018.
Resolved, That the bill from the House of Representatives (H.R. 5515) entitled “An Act to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.”, do pass with the following
AMENDMENT:
SEC. 2. Organization of Act into divisions; table of contents.
(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 United States forces in the Republic of Poland.
Sec. 1254A. Ineffectiveness of section 937.
Sec. 1254B. John S. McCain Strategic Defense Fellows Program.
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. 5101. Briefing on procurement plan for Acquired Position Navigation and Timing (APNT) solution.
Sec. 5102. Sense of Congress on KC–46A aerial refueling tanker emergent requirements.
Sec. 5103. Additional element in the quarterly updates on the F–35 Joint Strike Fighter program.
Sec. 5201. Joint artificial intelligence research, development, and transition activities.
Sec. 5202. Scope of competitive acquisition strategy for the Bradley Fighting Vehicle transmission replacement.
Sec. 5203. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.
Sec. 5301. Prioritization of environmental impacts for Facilities Sustainment, Restoration, and Modernization demolition.
Sec. 5302. Core sampling at Joint Base San Antonio, Texas.
Sec. 5303. Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States.
Sec. 5304. Additional element in report on cold weather capabilities and readiness of the United States Armed Forces.
Sec. 5305. Report on Air Force training range requirements to address fifth generation threats.
Sec. 5306. Annual report on differences in ship repair contract and final delivery costs.
Sec. 5307. Report on Air Force airfield operational requirements.
Sec. 5501. Report on participation in the Transition Assistance Program.
Sec. 5502. Briefing on the status of the plan of the Army to transition to new insecticide pretreatments on combat uniforms.
Sec. 5801. Instruction on pilot program regarding employment of persons with disabilities.
Sec. 5802. Developing innovation and growing the Internet of Things.
Sec. 5901. Clarification of certain risk assessment requirements of the Chairman of the Joint Chiefs of Staff in connection with the National Military Strategy.
Sec. 6001. Business case analysis of Ready Reserve Force recapitalization options.
Sec. 6002. Transfer of excess naval vessel to Bahrain.
Sec. 6003. Members of panel conducting review of military aviation readiness in support of the National Defense Strategy.
Sec. 6004. Study on phasing out open burn pits.
Sec. 6005. Airborne Hazards and Open Burn Pit Registry.
Sec. 6006. Improving small business loan programs for employee-owned business concerns.
Sec. 6007. Comptroller General of the United States review of effect of other-than-honorable discharges on veteran employment outcomes.
Sec. 6008. Comptroller General study on availability of long-term care options for veterans from Department of Veterans Affairs.
Sec. 6009. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.
Sec. 6101. Department of Defense Cyber Scholarship Program scholarships and grants.
Sec. 6201. Coordination of efforts to negotiate free trade agreements with certain sub-Saharan African countries.
Sec. 6202. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army under Immigration and Nationality Act.
Sec. 6203. Syrian war crimes accountability.
Sec. 6204. Clarification of limitation on the transfer of the F–35 to Turkey.
Sec. 6205. Report on Honduras, Guatemala, and El Salvador.
Sec. 6206. Report on arms embargo on Cyprus.
Sec. 6601. Technical corrections to certain cyberspace matters.
Sec. 6602. Tier 1 exercise of support to civil authorities for a cyber incident.
Sec. 6603. Report on strengthening NATO cyber defense.
Sec. 6604. Briefing on cyber education and training.
Sec. 6605. Report on development of long-range stand-off weapon.
Sec. 6701. Ineffectiveness of section 1727.
Sec. 6702. Prohibition on modification of civil penalties under export control and sanctions laws and prohibition on certain telecommunications equipment.
Sec. 6801. Clarification to include National Guard installations in Readiness and Environmental Protection Integration program.
Sec. 6802. Release of restrictions, University of California, San Diego.
Sec. 6803. Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola.
Sec. 7101. Additional amounts for inertial confinement fusion and high yield program.
Sec. 7501. Ineffectiveness of title XXXV.
Sec. 7502. Authorization of the Maritime Administration.
Sec. 7503. Concurrent jurisdiction.
Sec. 7504. United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.
Sec. 7505. Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program.
Sec. 7506. Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy.
Sec. 7507. Electronic records on mariner availability to meet national security needs.
Sec. 7508. Small shipyard grants.
Sec. 7509. Domestic ship recycling facilities.
Sec. 7510. Sea year on contracted vessels.
Sec. 7511. GAO report on national maritime strategy.
Sec. 7512. Department of Transportation Inspector General report on Title XI program.
Sec. 7513. Multi-year contracts.
Sec. 7514. Use of State Maritime Academy training vessels.
Sec. 7515. Permanent authority of Secretary of Transportation to issue vessel war risk insurance.
Sec. 7516. Navigation system study and report.
Sec. 7517. Miscellaneous.
Sec. 7518. Superior National Forest Land Exchange.
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.
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.
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:
(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—
(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
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;
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—
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:
(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—
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—
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;
(C) a description of long-lead items or other block buy components that could reduce cost and lead to acceleration of the program;
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.
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.
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”;
(3) by inserting before subsection (c) the following new subsection:
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.
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:
Ҥ 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.
“(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.
(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.
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—
(b) Elements.—The procedures prescribed under subsection (a) shall include the following:
(1) A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—
SEC. 213. Activities on identification and development of enhanced personal protective equipment against blast injury.
(a) Activities required.—
(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:
(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) Authorities.—In carrying out activities under subsection (a), the Secretary may use any authority as follows:
(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—
(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.
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:
(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.
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—
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—
(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.
(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.
(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.
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.
(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).
(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.
(7) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.
(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.
SEC. 218. Partnership intermediaries for promotion of defense research and education.
Section 2368 of title 10, United States Code, is amended—
(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.
(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).
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:
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—
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.
(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—
(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
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.
(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.
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”.
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.—
(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:
(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
(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—
(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.
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.
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.
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) 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:
(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.
(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.
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.
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, and other software-intensive and software-defined capabilities) to—
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:
(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).
(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—
(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
(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.
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:
(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.—
(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
(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—
(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—
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.
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
(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”;
(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:
(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
(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:
(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”.
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.
“(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.
SEC. 313. Military Mission Sustainment Siting Clearinghouse.
(a) Change in name of clearinghouse.—Section 183a of title 10, United States Code, is amended—
(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—
(d) Review of proposed actions.—Subsection (c) of such section is amended—
(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;
(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”;
(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;
(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—
(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
(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.
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—
(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”;
(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;
(b) Capabilities of readiness reporting system.—Such section is further amended in subsection (c)—
(1) in paragraph (1)—
(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”;
(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”.
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.
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.
(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:
(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) 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.
(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.
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.
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).
(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.
(E) A cost estimate of the resources required for each SUPT location to reach maximum production capacity.
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.
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.
SEC. 401. End strengths for active forces.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2019, as follows:
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:
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:
(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(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:
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:
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:
(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.
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.
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:
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.
(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):
(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):
(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.”.
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:
Ҥ 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—
“(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.
“(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:
(b) Repeal of superseded authority applicable to Navy lieutenants.—
(1) REPEAL.—Chapter 544 of title 10, United States Code, is repealed.
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.
(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.”.
(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 particular 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.
(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.”.
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—
(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) Reserve active-Status list officers.—Section 14301 of such title is amended—
(1) in subsection (c)—
(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;
SEC. 508. Competitive category matters.
Section 621 of title 10, United States Code, is amended—
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—
(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.”.
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:
“Sec.
“649a. Officers in designated competitive categories.
“649b. Selection for promotion.
“649c. Eligibility for consideration for promotion.
“649d. Opportunities for consideration for promotion.
“649e. Promotions.
“649f. Failure of selection for promotion.
“649g. Retirement: retirement for years of service; selective early retirement.
“649h. Continuation on active duty.
“649h-1. Continuation on active duty: officers in certain military specialties and career tracks.
“649i. Other administrative authorities.
“649j. Regulations.
Ҥ 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:
Ҥ 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.
Ҥ 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):
“(d) Ineligibility of certain officers.—The following officers are not eligible for promotion under this subchapter:
Ҥ 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.
“Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.
Ҥ 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.
Ҥ 649g. Retirement: retirement for years of service; selective early retirement
Ҥ 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—
Ҥ 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.
“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.”.
(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.
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—
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—
(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:
“(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.
“(3) If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned—
“(4) If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening.
“(5) If the retired grade of an officer is reduced through the reopening of the officer's retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer's retired grade.”.
SEC. 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.
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—
(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—
(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.”.
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—
(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.”.
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—
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—
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. 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.
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.
(a) Correction of military records.—
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):
Ҥ 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—
“(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.
“(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.
(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—
(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—
(2) by inserting after subsection (c) the following new subsection (d):
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):
Ҥ 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:
“(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.
“(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;
“(d) Due process.—
“(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:
“(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.
“(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:
(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—
(c) Availability of SVCs.—Such section is further amended—
(3) in subsection (f)—
(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.
“(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).
“(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).
“(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).
(e) Conforming and clerical amendments.—
(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
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:
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.
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—
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.”.
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.
(a) Uniformed Services University of the Health Sciences.—Section 2114(d) of title 10, United States Code, is amended—
(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.”.
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.
(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.
SEC. 556. Expansion of authority to assist members in obtaining professional credentials.
Section 2015 of title 10, United States Code, is amended—
(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:
Ҥ 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.
“(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:
“2034. Flexibility in authorities for management of programs and units.”.
(b) Authority for additional units.—The Secretaries of the military departments may, using amounts authorized to be appropriated by this Act and available in the funding tables in sections 4301 and 4401 for purposes of the Junior Reserve Officers' Training Corps programs, establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.
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—
(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.
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.”.
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.
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—
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:
(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.—
(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.
(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;
SEC. 571. Department of Defense Military Family Readiness Council matters.
(a) Member matters.—
(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
(c) Annual reports.—Subsection (e) of such section is amended by striking “February 1” and inserting “July 1”.
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
(c) Personnel.—
(1) IN GENERAL.—Each multidisciplinary team maintained pursuant to subsection (a) shall be composed of the following:
(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.
(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:
(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:
(vii) Recognition of post-partum depression, substance abuse, and domestic violence in a mother or her partner and community violence.
(x) The importance of participating in ongoing healthcare for an infant and in ongoing healthcare for post-partum depression.
(B) If a parent is deployed at the time of birth—
(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;
(b) Mandatory participation.—
(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:
(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.
(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—
(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:
(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.
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:
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.
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).
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.
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:
Ҥ 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.”.
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.
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.
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)”;
(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”;
(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.
(b) Conditions and limitations.—Such section is further amended—
(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.
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.
(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);
(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:
SEC. 605. Modification of authority of President to determine alternative pay adjustment in annual basic pay of members of the uniformed services.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and—
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.
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”:
(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(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”:
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—
(b) Cost of living adjustment.—Paragraph (6) of such section is amended—
(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—
“(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.”.
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.
(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.
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.
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) TRICARE Prime.—Section 1075a(a) of title 10, United States Code, is amended—
(2) in paragraph (3), by striking subparagraph (B) and inserting the following new subparagraph:
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:
(2) TRICARE PRIME.—Section 1075a(b) of such title is amended by adding at the end the following new paragraph:
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.
(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.
(4) Proactive outreach by specialist pharmacists to such beneficiaries when identifying potential opioid misuse or 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.
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—
(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;
(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;
(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).
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—
(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;
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.
(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—
(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.
(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:
(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—
(e) Planning and coordination.—
(1) SUSTAINMENT OF CLINICAL COMPETENCIES AND STAFFING.—The Director shall—
(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;
(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.—
(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.
(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.
(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.
(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.
(c) Deadline for implementation.—The requirement in subsection (a) shall be implemented for referrals under TRICARE Prime in calendar year 2019.
SEC. 714. Sharing of information with State prescription drug monitoring programs.
(a) In general.—Section 1074g of title 10, United States Code, is amended—
(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
“(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).
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
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—
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.
(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).
(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.
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.—
(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.
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;
(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:
(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.
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:
Ҥ 2339a. Requirements for information relating to supply chain risk
“(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—
“(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
“(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) 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;
“(e) Definitions.—In this section:
“(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.
“(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
“(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—
(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;
(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—
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:
Ҥ 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;
“(c) Acquisition programs and initiatives to be considered.—The assessment required under subsection (a) shall consider the following programs and initiatives:
(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).
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—
(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;
(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;
(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—
(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.—
(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—
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;
(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;
(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—
(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;
(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.
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—
(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.
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—
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.
SEC. 831. Program cost, fielding, and performance goals in planning major acquisition programs.
Section 2448a of title 10, United States Code, is amended—
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.
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—
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.
(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.
(3) SCOPE.—The study conducted pursuant to paragraph (1) shall—
(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—
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;
(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).
(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.—
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.
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:
Ҥ 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:
“(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:
“(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.
“(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).
(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
“2509. National technology and industrial base application process.”.
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:
(5) A description of the electronics supply chain requirements of defense systems integral to meeting the goals of the 2018 National Defense Strategy.
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.
(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;
(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—
(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;
(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;
(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.
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.
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.
(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.
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):
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—
(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;
(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.
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—
(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—
(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).
(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.
(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—
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.
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:
(b) Direction of 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:
(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).
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.—
(b) Designation as Chief Human Capital Officer.—Such section is further amended—
(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:
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:
“(B) Preparing policy guidance for the preparation of campaign and contingency plans by the commanders of the combatant commands, and in reviewing such plans.
“(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 annual 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.
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—
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:
“(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.
“(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.
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)”;
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:
(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;
(b) Key functions.—The key functions of the office referred to in subsection (a)(1) are the following:
(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.
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”.
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—
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.
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—
(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—
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:
(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).
(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.
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.
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:
Ҥ 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).
(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:
“118. Major headquarters activities: limitation on funds available.”.
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—
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—
(b) Sense of Congress.—Such section is further amended—
(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—
(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.—
(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.
(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.
(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
(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:
(F) Letters of recommendation addressing the applicant’s character, academic ability, and any extracurricular activities.
(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:
(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.
(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
(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.
(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.
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—
(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
(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.
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.
(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—
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.
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:
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;
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.
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—
(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:
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:
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:
Ҥ 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.
“(c) Waiver.—
“(1) IN GENERAL.—The Chief of Naval Operations may waive the applicability of subsection (a) to a ship.
(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:
“7310a. Homeporting of certain vessels in overseas locations: limitation on duration.”.
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:
Ҥ 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:
“7314a. Nuclear refueling of aircraft carriers: specific authorization required.”.
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:
Ҥ 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—
“(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.
(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:
“7320. Nuclear-powered aircraft carriers; dismantlement and disposal.”.
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—
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;
(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)—
(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
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:
“(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.
“(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—
“(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.
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—
(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.
(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:
(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.
(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—
(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) 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;
(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—
(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.
(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.
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—
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.
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—
(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—
(7) There shall be entered into the database, for each substantiated or unsubstantiated incident of abuse, appropriate information on the incident, including—
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—
(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.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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:
Ҥ 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):
“(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:
“(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.
SEC. 1043. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy.
(a) In general.—The Secretary of the Navy shall conduct a comprehensive review of the operational and administrative chains-of-command and functions of the Department of the Navy.
(b) Elements.—In conducting the review required by subsection (a), the Secretary shall consider options to do each of the following:
(c) Report.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall include the following:
SEC. 1044. Military aviation readiness review in support of the National Defense Strategy.
(a) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military aviation readiness in support of the National Defense Strategy (NDS).
(b) Review for report purposes.—
(1) IN GENERAL.—The report under subsection (a) shall be based on a review conducted for purposes of the report in accordance with this section.
(c) Review elements.—The review required by subsection (b) shall address the following:
(1) An analysis of the career progression of military pilots and non-pilot aviators, including a comparison between military pilot and non-pilot aviators, on the one hand, and other military specialities, on the other hand, with respect to each of the following:
(2) An analysis of aircrew aviation training for various aircraft platforms, including—
(3) An analysis of the effect of recent operational deployments on the ability of military pilots and non-pilot aviators to build and maintain readiness for potential threats from a near-peer adversary, including—
(5) An analysis of aviation squadron manning documents on appropriate levels and composition of military pilots, non-pilot aviators, and non-aircrew for each squadron in support of the most current National Defense Strategy, including a consideration of—
(A) appropriate levels and composition of military pilots, non-pilot aviators, and non-aircrew for each squadron in support of such National Defense Strategy;
(B) flight-related workload compared with non-flight related workload for military pilots and non-pilot aviators;
(6) An analysis of logistics programs in support of military aviation readiness, including—
(A) an evaluation of any shortfalls in logistics programs that serve as contributing factors to both military pilot retention and overall readiness of military aviation units;
(C) a determination of average mission capable ratings for aircraft throughout the various stages of the deployment cycle;
SEC. 1045. Report on capabilities and capacities of Armored Brigade Combat Teams.
(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 congressional defense committees a report on the capabilities and capacities of Armored Brigade Combat Teams (ABCTs).
(b) Elements.—The report required under subsection (a) shall include the following:
(1) A description of the total number of Armored Brigade Combat Teams required to support the National Defense Strategy (NDS).
(2) A description of the manner in which the Army plans to equip and field future Armored Brigade Combat Teams.
(3) A description of the total number of mechanized infantry companies required in support of the Armored Brigade Combat Teams.
(4) A description of steps being taken to improve the number and quality of live-fire gunnery exercises executed each year, including improving execution of battalion and brigade-level combined arms live-fire exercises both at home station and at the Combat Training Centers.
(5) A description of training being conducted to train Armored Brigade Combat Teams in combined arms for air defense and to counter unmanned aerial vehicles with organic weapons and tactics.
(6) A plan to improve personnel preparedness by the reduction of non-deployable soldiers and improvements in combat vehicle crew stability and material readiness of key combat systems.
SEC. 1046. Improvement of annual report on civilian casualties in connection with United States military operations.
(a) Modification and expansion of elements.—Subsection (b) of section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
(1) in paragraph (1), by inserting “, including each specific mission, strike, engagement, raid, or incident,” after “military operations”;
(2) in paragraph (2)(E), by inserting before the period at the end the following: “, including a differentiation between those killed and those injured”;
(b) Scope of unclassified form of report.—Subsection (d) of such section is amended by adding at the end the following new sentence: “The unclassified form of each report shall, at a minimum, be responsive to each element under subsection (b) of a report under subsection (a), and shall be made available to the public at the same time it is submitted to Congress (unless the Secretary certifies in writing that the publication of such information poses a threat to the national security interests of the United States).”.
SEC. 1047. Report on Department of Defense participation in Export Administration Regulations license application review process.
(a) In general.—Not later than 180 days after the enactment of this Act, and every 180 days thereafter until the date that is three years after such date of enactment, the Under Secretary of Defense for Policy shall submit to the congressional defense committees a report on the participation by the Department of Defense in the process for reviewing applications for export licenses under the Export Administration Regulations as a reviewing agency under Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls).
(b) Elements.—The report required by subsection (a) shall include the following:
(1) The number of applications for export licenses under the Export Administration Regulations reviewed by the Department of Defense in the 180-day period preceding the submission of the report.
(2) The number of instances during that 180-day period in which the Department disagreed with a final determination made with respect to such an application under the review procedures set forth in Executive Order 12981.
SEC. 1048. Automatic sunset for future statutory reporting requirements.
(a) In general.—Chapter 23 of title 10, United States Code, is amended by inserting after section 480 the following new section:
Ҥ 480a. Reports to Congress: termination of indefinite-duration reports after three years
“(a) In general.—Any provision of law enacted on or after the date of enactment of this section that includes an indefinite-duration report requirement shall cease to be effective, with respect to that requirement, three years after the date of the enactment of that provision of law unless that provision of law expressly states that this section is inapplicable to that requirement or that provision of law.
“(b) Indefinite-duration report requirement defined.—In this section, the term ‘indefinite-duration requirement’ means a requirement in any provision of law for the Secretary of Defense (or any other officer or employee of the Department of Defense) to submit to Congress (or any committee of Congress) a periodic report for which the law does not—
SEC. 1049. Repeal of certain Department of Defense reporting requirements that otherwise terminate as of December 31, 2021.
(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:
(1) (A) Section 229, relating to the display of budget information for programs for combating terrorism, is repealed.
(2) (A) Section 231a, relating to budgeting for life-cycle costs of aircraft for the Navy, Army, and Air Force, is repealed.
(b) National Defense Authorization Act for Fiscal Year 2007.—Section 1017 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2379), relating to obtaining carriage by vessel, is amended—
(c) National Defense Authorization Act for Fiscal Year 2008.—Section 1034(d) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 272 note), relating to distribution of chemical and biological agents to non-Federal entities, is amended—
(d) National Defense Authorization Act for Fiscal Year 2009.—Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2366b note), relating to reports on bandwidth requirements for major defense acquisition programs, is amended—
(e) National Defense Authorization Act for Fiscal Year 2011.—Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (22 U.S.C. 7513 note), relating to authority to establish a program to develop and carry out infrastructure projects in Afghanistan, is amended—
(f) National Defense Authorization Act for Fiscal Year 2015.—Section 1026 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3490), relating to availability of funds for retirement of inactivation of Ticonderoga class cruisers or dock landing ships, is amended—
(g) Conforming amendments.—Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 111 note) is amended—
SEC. 1050. Report on potential improvements to certain military educational institutions of the Department of Defense.
(a) Report required.—
(1) IN GENERAL.—Not later than December 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 results of a review and assessment, obtained by the Secretary for purposes of the report, of the potential effects on the military education provided by the educational institutions of the Department of Defense specified in subsection (b) of the actions described in subsection (c).
(b) Educational institutions of the Department of Defense.—The educational institutions of the Department of Defense specified in this subsection are the following:
(c) Actions.—The actions described in this subsection with respect to the educational institutions of the Department of Defense specified in subsection (b) are the following:
(5) Reduction of the number of attending students through the sponsoring of education of an increased number of students at non-Department of Defense education institutions of higher education.
(d) Additional elements.—In addition to the matters described in subsection (a), the review and report under this section shall also include the following:
(1) A comparison of admission standards and graduation requirements of the educational institutions of the Department of Defense specified in subsection (b) with admission standards and graduation requirements of public and private institutions of higher education that are comparable to the educational institutions of the Department of Defense.
SEC. 1051. Recruiting costs of the Armed Forces.
(a) Briefing required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of a study, conducted by the Secretary for purposes of the briefing, on the costs of the Armed Forces in recruiting for members of the Armed Forces.
(b) Elements.—The briefing required by subsection (a) shall include the following:
(1) A description of the recruiting costs of each Armed Force in each of fiscal years 2010 through 2019.
(2) An estimate of the recruiting costs of each Armed Force in each of fiscal years 2020 through 2024.
SEC. 1061. Authority to transfer funds for Bien Hoa dioxin cleanup.
(a) Transfer authority.—Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Secretary of State, for use by the United States Agency for International Development, amounts to be used for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on amounts.—Not more than $15,000,000 may be transferred in each of fiscal years 2019 through 2027 under the authority in subsection (a).
SEC. 1062. Improvement of database on emergency response capabilities.
(a) In general.—Section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2436; 10 U.S.C. 113 note) is amended—
(2) in subsection (a), as designated by paragraph (1)—
(A) in paragraph (1)—
(b) Establishment of database.—
(1) DEADLINE FOR ESTABLISHMENT.—The Secretary of Defense shall establish the database required by section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended by subsection (a), by not later than one year after the date of the enactment of this Act.
(2) USE OF EXISTING DATABASE OR SYSTEM FOR CERTAIN CAPABILITIES.—The Secretary may meet the requirement with respect to the capabilities described in subsection (a)(1) of section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as so amended, in connection with the database required by that section through use or modification of a current database or tracking system of the Department of Defense if the Secretary determines that such action will—
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.
(a) Finding.—The Senate finds that Spirit of America, a privately-funded, nonpartisan, nonprofit organization, acting in partnership with the Department of Defense, has made an important contribution in supporting the missions of deployed United States personnel around the world.
(b) Sense of Senate.—It is the sense of the Senate that United States military commanders should, consistent with applicable laws, regulations, and guidance developed consistent with section 1088 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), collaborate with and provide transportation and other logistical support to covered non-Federal entities, including Spirit of America, to advance the military missions of the Armed Forces.
(c) Distribution of covered non-Federal entity assistance abroad through Department of Defense.—
(1) ACCEPTANCE AND COORDINATION OF ASSISTANCE.—The Department of Defense (including members of the Armed Forces) may, at the discretion of the Secretary of Defense and in accordance with guidance issued by the Secretary and developed in coordination with the Secretary of State and the Administrator of the United States Agency for International Development—
(2) DISTRIBUTION OF ASSISTANCE TO LOCAL POPULATIONS.—In accordance with guidance issued by the Secretary of Defense, and developed in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, members of the Armed Forces abroad may provide to local populations abroad humanitarian, economic, and other nonlethal assistance provided to the Department by a covered non-Federal entity pursuant to this subsection.
(3) SCOPE OF GUIDANCE.—The guidance issued pursuant to this subsection shall ensure that any assistance distributed pursuant to this subsection shall be for purposes of supporting the mission or missions of the Department and the Armed Forces for which such assistance is provided by a covered non-Federal entity.
(4) DOD SUPPORT FOR ENTITY ACTIVITIES.—In accordance with guidance issued by the Secretary of Defense, the Department, and the Armed Forces may—
(d) Covered non-Federal entity defined.—In this section, the term “covered non-Federal entity” means the following:
(1) Spirit of America, a privately-funded, nonpartisan, nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.
(2) Any other organization that—
(D) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and
SEC. 1064. United States policy with respect to freedom of navigation and overflight.
(a) Declaration of policy.—It is the policy of the United States to fly, sail, and operate throughout the oceans, seas, and airspace of the world wherever international law allows.
(b) Implementation of policy.—In furtherance of the policy set forth in subsection (a), the Secretary of Defense should—
(1) plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce;
SEC. 1065. Prohibition of funds for Chinese language instruction provided by a Confucius Institute.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 under this Act may be obligated or expended for Chinese language instruction provided by a Confucius Institute.
(b) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 under this Act may be obligated or expended to support a Chinese language program at an institution of higher education that hosts a Confucius Institute.
(c) Waiver.—The Under Secretary of Defense for Personnel and Readiness may waive the limitation in subsection (b) with respect to a Chinese language program at a specific institution of higher education if the Under Secretary of Defense for Personnel and Readiness—
(1) certifies to the congressional defense committees that—
(B) Confucius Institute employees and instructors will provide no instruction or support to the program;
(d) Definitions.—
(1) CHINESE LANGUAGE PROGRAM.—The term “Chinese language program” means any Department of Defense program designed to provide or support Chinese language instruction, including the National Security Education Program, the Language Flagship program, Project Global Officer, and the Language Training Centers program.
(2) CONFUCIUS INSTITUTE.—The term “Confucius Institute” means a Confucius Institute that is operated by the Office of Chinese Languages Council International, also known as Hanban, which is affiliated with the Ministry of Education of the People’s Republic of China.
(3) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
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.
(a) Temporary inapplicability.—Notwithstanding section 3393(c) of title 5, United States Code, or any regulations implementing that section, and subject to the provisions of this section, the Secretary of Defense may appoint individuals for service in the Senior Executive Service of the Department of Defense without such individuals being subject to the certification of executive qualifications by a qualification review board of the Office of Personnel Management in connection with such appointment otherwise required by that section.
(b) Qualifications of individuals appointed.—The Secretary shall ensure that individuals appointed under this section possess the necessary qualifications and experience for the position to which appointed.
(c) Limitation.—The total number of appointments made under this section in any year may not exceed 50 appointments.
(d) Reports.—
(1) INITIAL REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the number and type of appointments made under this section as of the date of the report, including—
(2) FINAL REPORT.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the use of the authority in this section. The report shall include the following:
(A) The number and type of appointments made under this section during the one-year period ending on the date of the report.
(B) Data on and an assessment whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the current review system of the Office of Personnel Management.
(3) COMMITTEES OF CONGRESS AND OFFICIAL.—The committees of Congress and official specified in this paragraph are—
(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate;
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.
(a) Authority To make direct appointments.—The director of any facility specified in subsection (b) may appoint any qualified recent graduate of a covered educational institution with a degree in science, technology, engineering, or mathematics to a position at such facility described in subsection (d) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code.
(b) Facilities.—A facility specified in this subsection is any facility as follows:
(1) A science and technology reinvention laboratory of the Department of Defense, as designated pursuant to section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note).
(c) Recent graduates.—For purposes of this section, a person is a recent graduate of a covered educational institution if—
(1) the person was awarded a degree by the institution not more than two years before the date of the appointment of the person pursuant to this section; or
(2) in the case of any person who has completed a period of obligated service in a uniformed service of more than four years as of the date the appointment of the person pursuant to this section, the person was awarded a degree by the institution not more than four years before such date of appointment.
(d) Covered positions.—The positions to which persons may be appointed pursuant to this section at a facility specified in subsection (b) are scientific and engineering positions at the facility.
(e) Duration of appointment.—Any appointment pursuant to this section may be made on a temporary, term, or permanent basis, at the election of the director of the facility making such appointment.
(f) Covered educational institution defined.—In this section, the term “covered educational institution” has the meaning given that term in section 2362(e) of title 10, United States Code.
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.
(a) In general.—Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraphs:
(b) Scope of appointment authority.—Subsection (b)(1) of such section is amended—
SEC. 1104. Enhancement of flexible management authorities for Science and Technology Reinvention Laboratories of the Department of Defense.
(a) Enhancement of noncompetitive conversions of appointments of students enrolled in scientific and engineering programs.—Section 2358a(a)(4) of title 10, United States Code, is amended—
(b) Enhancement of pilot program on dynamic shaping of workforce technical skills and expertise.—Section 1109(b)(1)(A) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1028; 10 U.S.C. 2358 note) is amended by striking “to appoint” and all that follows and inserting “to make appointments as follows:
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.
Section 1110(f) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended—
SEC. 1106. Authority to employ civilian faculty members at the Joint Special Operations University.
Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
SEC. 1121. Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels.
(a) Alcohol testing.—Chapter 643 of title 10, United States Code, is amended by inserting after section 7479 the following new section:
Ҥ 7479a. Civil service mariners of Military Sealift Command: alcohol testing
“The Secretary of the Navy may prescribe regulations establishing a program to conduct on-duty reasonable suspicion alcohol testing and post-accident alcohol testing of civil service mariners of the Military Sealift Command who are assigned to vessels.”.
(c) Table of sections amendment.—The table of sections at the beginning of chapter 643 of such title is amended by striking the item relating to section 7479 and inserting the following new items:
“7479. Civil service mariners of Military Sealift Command: release of drug and alcohol test results
to Coast Guard.
“7479a. Civil service mariners of Military Sealift Command: alcohol testing.”.
SEC. 1122. Expedited hiring authority for college graduates and post secondary students.
(a) In General.—Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:
Ҥ 3115. Expedited hiring authority for college graduates; competitive service
“(a) Definitions.—In this section:
“(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
“(b) Appointment.—
“(1) IN GENERAL.—The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.
“(c) Qualifications for appointment.—The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
“(d) Public notice and advertising.—
“(1) IN GENERAL.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section.
“(e) Limitation on appointments.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.
“(f) Regulations.—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
“(g) Reporting.—
“(1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
“(2) CONTENT.—The head of an agency shall include in each report under paragraph (1)—
“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
“(h) Special provision regarding the Department of Defense.—
“(1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
“(2) REGULATIONS.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
Ҥ 3116. Expedited hiring authority for post-secondary students; competitive service
“(a) Definitions.—In this section:
“(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
“(b) Appointment.—
“(c) Public notice.—
“(1) IN GENERAL.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
“(d) Limitation on appointments.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.
“(e) Conversion.—The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—
“(f) Termination.—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
“(g) Regulations.—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
“(h) Reporting.—
“(1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
“(2) CONTENT.—The head of an agency shall include in each report under paragraph (1)—
“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
“(i) Special provision regarding the Department of Defense.—
“(1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
“(2) REGULATIONS.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.”.
(b) Table of sections amendment.—The table of sections for subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:
“3115. Expedited hiring authority for college graduates; competitive service.
“3116. Expedited hiring authority for post-secondary students; competitive service.”.
SEC. 1123. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees.
(a) In general.—Section 3523 of title 5, United States Code, is amended—
(1) in subsection (b)(3)(B), by striking “$25,000” and inserting “$40,000 (as adjusted in accordance with subsection (c))”; and
(2) by adding at the end the following new subsection:
“(c) (1) On March 1 each year, the dollar amount specified in subsection (b)(3)(B) shall be adjusted by the amount determined by the Secretary of Labor to represent the percentage increase, if any, between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year.
(b) Department of Defense employees.—Section 9902(f)(5) of such title is amended—
(1) in subparagraph (A)(ii), by striking “$25,000” and inserting “an amount determined by the Secretary, not to exceed $40,000 (as adjusted under subparagraph (D)”; and
(2) by adding at the end the following:
“(D) (i) On March 1 each year, the dollar amount specified in subparagraph (A)(ii) shall be adjusted by the amount determined by the Secretary of Labor to represent the percentage increase, if any, between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year.
SEC. 1124. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and most recently amended by section 1108 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “2019” and inserting “2020”.
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.
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “through 2018” and inserting “through 2019”.
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.
Section 332(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “assign civilian employees of the Department of Defense and members of the armed forces as advisors and trainers” and inserting “provide advisors or trainers”; and
SEC. 1202. Modification to Department of Defense State Partnership Program.
Section 341(b)(2) of title 10, United States Code, is amended by inserting “assistance” after “any”.
SEC. 1203. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare.
(a) In general.—Section 345 of title 10, United States Code, is amended—
(2) by striking subsection (a) and inserting the following new subsections (a) and (b):
“(a) Program authorized.—
“(1) IN GENERAL.—The Secretary of Defense may carry out a program under which the Secretary may pay any costs associated with the education and training of foreign military officers, ministry of defense officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with either of the following:
“(b) Regulations.—
“(1) IN GENERAL.—The program authorized by subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense.
“(2) ELEMENTS.—The regulations shall ensure that—
“(A) the Secretary of Defense and the Secretary of State—
(b) Conforming amendments.—
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by striking the item relating to section 345 and inserting the following new item:
“345. Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program.”.
SEC. 1204. Extension and modification of authority to support border security operations of certain foreign countries.
(a) Expansion of authority.—Paragraph (1) of subsection (a) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended to read as follows:
“(1) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide support on a reimbursement basis as follows:
“(A) To the Government of Jordan for purposes of supporting and enhancing efforts of the armed forces of Jordan to increase security and sustain increased security along the border of Jordan with Syria and Iraq.
“(B) To the Government of Lebanon for purposes of supporting and enhancing efforts of the armed forces of Lebanon to increase security and sustain increased security along the border of Lebanon with Syria.
“(C) To the Government of Egypt for purposes of supporting and enhancing efforts of the armed forces of Egypt to increase security and sustain increased security along the border of Egypt with Libya.
“(D) To the Government of Tunisia for purposes of supporting and enhancing efforts of the armed forces of Tunisia to increase security and sustain increased security along the border of Tunisia with Libya.
(b) Certification.—Subsection (d) of such section is amended to read as follows:
“(d) Notice and certification before exercise.—Not later than 15 days before providing support under the authority of subsection (a) to a country that has not previously received such support, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the specified congressional committees a report that—
(c) Limitation on reimbursement of Pakistan.—Such section is further amended—
(2) by inserting after subsection (d) the following new subsection (e):
“(e) Limitation on reimbursement of Pakistan pending certification.—No amount of reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the Government of Pakistan unless the Secretary of Defense certifies to the congressional defense committees that the following conditions are met:
“(1) The military and security operations of Pakistan pertaining to border security and ancillary activities for which reimbursement is sought have been coordinated with United States military representatives in advance of the execution of such operations and activities.
“(2) The goals and desired outcomes of each such operation or activity have been established and agreed upon in advance by the United States and Pakistan.
(d) Quarterly reports.—Such section is further amended by inserting after subsection (e), as so designated by subsection (c) of this section, the following new subsection (f):
“(f) Quarterly reports.—Not later than 30 days after the end of each fiscal quarter, the Secretary of Defense shall submit to the specified congressional committees a report on reimbursements pursuant to subsection (a) during the preceding fiscal quarter that includes—
“(3) a description of any partner nation border security efforts for which reimbursement was provided;
“(4) an assessment of the value of partner nation border security efforts for which reimbursement was provided;
SEC. 1205. Legal and policy review of advise, assist, and accompany missions.
(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall, in coordination with the General Counsel of the Department of Defense and the commanders of appropriate combatant commands, submit to the congressional defense committees a report on a review, conducted for purposes of the report, of the legal and policy frameworks associated with advise, assist, and accompany missions by United States military personnel.
(b) Elements.—The report and review required by subsection (a) shall include the following:
(1) An analysis of the risks and benefits of United States military personnel conducting advise, assist, and accompany missions with foreign partner forces, and an assessment of the relation of such risks and benefits to United States security objectives.
(2) A review of execute orders in order to ensure that such orders comply with United States law for the employment of United States military personnel and capabilities to advise, assist, and accompany foreign partner forces.
(3) An assessment whether the legal and policy frameworks applicable to advise, assist, and accompany missions by United States military personnel are adequately communicated to and understood at all levels of operational command.
(4) An assessment whether approvals related to advise, assist, and accompany missions are taken at the appropriate level of command.
SEC. 1206. Technical corrections relating to defense security cooperation statutory reorganization.
(a) Chapter references.—The following provisions of law are amended by striking “chapter 15” and inserting “chapter 13”:
(1) Section 886(a)(5) of the Homeland Security Act of 2002 (6 U.S.C. 466(a)(5)).
(2) Section 332(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1982(a)(1)).
(6) Section 484C(c)(3)(C)(v)) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(v)).
(b) Section references.—
(1) Title 10, United States Code, is amended—
(2) Section 484C(c)(3)(C)(i) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is amended by striking “section 331, 332,” and inserting “section 251, 252,”.
SEC. 1207. Naval Small Craft Instruction and Technical Training School.
(a) School authorized.—
(1) IN GENERAL.—Subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 351. Naval Small Craft Instruction and Technical Training School
“(a) In general.—The Secretary of Defense may operate an education and training facility known as the ‘Naval Small Craft Instruction and Technical Training School’ (in this section referred to as the ‘School’).
“(b) Designation of executive agent.—The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
“(c) Purpose.—The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training to increase professionalism, readiness, and respect for human rights through—
“(d) Personnel eligible to receive education and training.—
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by adding at the end the following new item:
“351. Naval Small Craft Instruction and Technical Training School.”.
(b) Report required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the following:
(1) The budget requirements for the operation and sustainment of the Naval Small Craft Instruction and Technical Training School authorized by section 351 of title 10, United States Code (as added by subsection (a)), during the period of the future-years defense program submitted to Congress in fiscal year 2019, including—
(3) An identification of the Secretary of a military department designated by the Secretary of Defense as executive agent for the School under subsection (b) of such section.
(c) Limitation on use of funds.—
(1) IN GENERAL.—Nothing in section 351 of title 10, United States Code (as so added), may be construed as authorizing the use of funds appropriated for the Department of Defense for any purpose described in paragraph (2) unless specifically authorized by an Act of Congress other than that section or this Act.
(2) PURPOSES.—The purposes described in this paragraph are the following:
SEC. 1211. Afghanistan Security Forces Fund.
(a) Continuation of prior authorities and notice and reporting requirements.—Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019 shall be subject to the conditions contained in—
(1) subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as most recently amended by section 1521(d)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577); and
(b) Use of funds.—Section 1513(b)(1) of the National Defense Authorization Act for Fiscal Year 2008 is amended by striking “security forces of Afghanistan” and inserting “security forces of the Ministry of Defense and the Ministry of the Interior of the Government of the Islamic Republic of Afghanistan”.
(c) Equipment disposition.—
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of Afghanistan, but is not accepted by such security forces.
(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of Afghanistan, as agreed to by both the Government of Afghanistan and the Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.
(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5).
(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
(ii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
(iii) Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
(d) Security of Afghan women.—
(1) IN GENERAL.—Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2019, it is the goal that $25,000,000, but in no event less than $10,000,000, shall be used for—
(2) TYPES OF PROGRAMS AND ACTIVITIES.—Such programs and activities may include—
(A) efforts to recruit women into the Afghan National Defense and Security Forces, including the special operations forces;
(B) programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;
(C) development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;
(D) efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
(e) Assessment of Afghanistan progress on security objectives.—
(1) ASSESSMENT REQUIRED.—Not later than May 1, 2019, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives. In conducting such assessment, the Secretary of Defense shall consider each of the following:
(A) The extent to which the Government of Afghanistan has taken steps toward increased accountability and reducing corruption within the Ministries of Defense and Interior.
(B) The extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training.
(C) The extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks.
(D) Whether or not the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to security forces charged with fighting the Taliban and other terrorist organizations.
(2) WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT PROGRESS.—
(A) IN GENERAL.—If the Secretary of Defense determines, in coordination with the Secretary of State, pursuant to the assessment under paragraph (1) that the Government of Afghanistan has made insufficient progress, the Secretary of Defense may withhold assistance for the Afghan National Defense and Security Forces until such time as the Secretary determines sufficient progress has been made.
SEC. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
(a) Extension.—Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1212 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended—
(1) in the matter preceding paragraph (1), by striking “October 1, 2017, and ending on December 31, 2018” and inserting “October 1, 2018, and ending on December 31, 2019”; and
(2) by amending paragraph (2) to read as follows:
“(2) Pakistan for certain activities meant to enhance the security situation in the Afghanistan-Pakistan border region pursuant to section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), as amended by the John S. McCain National Defense Authorization Act for Fiscal Year 2019.”.
(b) Modification to limitations.—Subsection (d) of such section is amended—
SEC. 1213. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.
(a) Extension.—Subsection (h) of section 1222 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1992), as most recently amended by section 1211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 115–91), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.
SEC. 1214. Modification of reporting requirements for special immigrant visas for Afghan allies program.
Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1) in subsection (b)—
(C) in paragraph (11)(A), as so redesignated, by striking “the National Defense Authorization Act for Fiscal Year 2014” and inserting “the John S. McCain National Defense Authorization Act for Fiscal Year 2019”;
SEC. 1221. Extension of authority to provide assistance to counter the Islamic State of Iraq and Syria.
(a) Extension.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), as most recently amended by section 1222 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “December 31, 2019” and inserting “December 31, 2020”.
(b) Funding.—Subsection (g) of such section 1236, as most recently so amended, is further amended—
(c) Limitation of use of fiscal year 2019 funds.—Of the amounts authorized to be appropriated for fiscal year 2019 by this Act for activities under the authority in section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by this section, not more than $450,000,000 may be obligated or expended for such activities until the date on which the Secretary of Defense has submitted to the congressional defense committees each of the following:
(1) The report on the United States strategy in Iraq required by the joint explanatory statement of the committee of the conference accompanying Conference Report 115–404.
(2) A report setting forth the following:
(A) An explanation of the purpose of a continuing United States military presence in Iraq, including—
(B) An identification of the specific units of the Iraqi Security Forces to receive training and equipment or other support in fiscal year 2019.
(C) A plan for ensuring that any vehicles and equipment provided to the Iraqi Security Forces pursuant to that authority are maintained in subsequent fiscal years using funds of Iraq.
(D) An estimate, by fiscal year, of the funding anticipated to be required for support of the Iraqi Security Forces pursuant to that authority during the five fiscal years beginning with fiscal year 2020.
(E) A detailed plan for the obligation and expenditure of the funds requested for fiscal year 2019 for the Department of Defense for Operational Sustainment of the Iraqi Security Forces.
SEC. 1222. Extension and modification of authority to provide assistance to the vetted Syrian opposition.
(a) Extension.—Section 1209(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as most recently amended by section 1221(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.
(b) Limitation on use of funds in general.—
(1) LIMITATION.—None of the funds authorized to be appropriated for fiscal year 2019 for the Department of Defense may be obligated or expended for activities under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a), until the later of the following:
(A) The date on which the President submits the report on United States strategy in Syria required by section 1221 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
(2) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the following:
(A) A detailed description of the internal security forces of the vetted Syrian opposition to be trained and equipped under such authority, including a description of their geographic locations, demographic profiles, political affiliations, current capabilities, and relation to the objectives under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a).
(B) A detailed description of planned capabilities, including categories of equipment, intended to be provided to the elements of the vetted Syrian opposition under such authority.
(C) A description of the planned level of engagement by United States forces with the elements of the vetted Syrian opposition after such elements of the vetted Syrian opposition have been trained and equipped under such authority, including the oversight of equipment provided under such authority and the activities conducted by such vetted Syrian opposition forces.
(D) An explanation of the processes and mechanisms for local commanders of the vetted Syrian opposition to exercise command and control of the elements of the vetted Syrian opposition after such elements of the vetted Syrian opposition have been trained and equipped under such authority.
(E) An explanation of complementary local governance and other stabilization activities in areas in which elements of the local internal security forces trained and equipped under such authority will be operating and the relation of such local governance and other stabilization activities to the oversight of such security forces.
(c) Additional limitations on use of funds during fiscal year 2019.—
(1) CERTIFICATIONS IN CONNECTION WITH USE OF FUNDS.—Not later than 120 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary shall submit to the congressional defense committees a written certification on the following:
(A) Whether, during the 120-day period ending on the date of the certification, demonstrable progress was made—
(B) Whether, during such period, the vetted Syrian opposition tasked with conducting local security operations that United States forces are training and equipping under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a), were demographically representative of the local communities and serve local governance bodies that are similarly representative of the local communities.
(C) Whether, during such period, the Department of Defense took actions to mitigate any pause in offensive operations against the Islamic State of Iraq and Syria through the training, equipping, and assistance of the vetted Syrian opposition.
(D) Whether, during such period, support provided under the authority referred to in subparagraph (B) was consistent with United States standards regarding respect for human rights, rule of law, and support for stable and equitable governance.
(E) Whether, during such period, members of the vetted Syrian opposition receiving support under the authority referred to in subparagraph (B) continued to demonstrate respect for human rights and rule of law, violations of human rights and rule of law by such members were appropriately investigated, and the individuals responsible for such violations were appropriately held accountable.
(2) LIMITATION.—If the Secretary does not make a certification by the deadline for submittal required for the certification under paragraph (1), or is unable in the certification to certify each of the matters specified in that paragraph, no support may be provided to the vetted Syrian opposition under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a), during the period that—
SEC. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
(a) Extension of authority.—Subsection (f)(1) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.
(b) Amount available.—
(1) IN GENERAL.—Such section is further amended—
(2) LIMITATION OF USE OF FISCAL YEAR 2019 FUNDS PENDING REPORTS.—Of the amount available for fiscal year 2019 for section 1215 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section, not more than an amount equal to 25 percent of such amount may be obligated or expended for the Office of Security Cooperation in Iraq until 30 days after the later of—
(c) Report.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in cooperation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the Office of Security Cooperation in Iraq.
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
(A) A description of the enduring planned size and missions of the Office of Security Cooperation in Iraq after the cessation of major combat operations against the Islamic State of Iraq and Syria.
(B) A description of the relationship between the Office of Security Cooperation in Iraq and any planned enduring presence of other United States forces in Iraq.
(C) A detailed description of any activity to be conducted by the Office of Security Cooperation in Iraq in fiscal year 2019.
(a) Establishment.—There is established a working group to be known as the “Syria Study Group” (in this section referred to as the “Group”).
(b) Purpose.—The purpose of the Group is to examine and make recommendations on the military and diplomatic strategy of the United States with respect to the conflict in Syria.
(c) Composition.—
(1) MEMBERSHIP.—The Group shall be composed of 12 members, who shall be appointed as follows:
(B) One member appointed by the ranking minority member of the Committee on Armed Services of the Senate.
(D) One member appointed by the ranking minority member of the Committee on Foreign Relations of the Senate.
(E) One member appointed by the chair of the Committee on Armed Services of the House of Representatives.
(F) One member appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives.
(G) One member appointed by the chair of the Committee on Foreign Affairs of the House of Representatives.
(2) CO-CHAIRS.—
(A) Of the members of the Group, one co-chair shall be jointly designated by—
(i) the chairs of the Committee on Armed Services and the Committee on Foreign Relations of the Senate;
(B) Of the members of the Group, one co-chair shall be jointly designated by—
(i) the ranking minority members of the Committee on Armed Services and the Committee on Foreign Relations of the Senate;
(d) Duties.—
(1) REVIEW.—The Group shall conduct a review on the current United States military and diplomatic strategy with respect to the conflict in Syria that includes a review of current United States objectives in Syria and the desired end state in Syria.
(2) ASSESSMENT AND RECOMMENDATIONS.—The Group shall—
(e) Cooperation of United States Government.—
(1) IN GENERAL.—The Group shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of State, and the Director of National Intelligence in providing the Group with analyses, briefings, and other information necessary for the discharge of the duties of the Group under subsection (d).
(2) LIAISON.—The Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall each designate at least one officer or employee of the Department of Defense, the Department of State, and the Office of the Director of National Intelligence, respectively, to serve as a liaison to the Group.
(f) Reports.—
(1) FINAL REPORT.—
(A) IN GENERAL.—Not later than June 30, 2019, the Group shall submit to the President, the Secretary of Defense, the Committee on Armed Services and the Committee on Foreign Relations of the Senate, the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives, the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives a report that sets forth the findings, conclusions, and recommendations of the Group under this section.
(B) ELEMENTS.—The report required by subparagraph (A) shall include each of the following:
(i) An assessment of the current security, political, humanitarian, and economic situations in Syria.
(ii) An assessment of the current participation and objectives of the various external actors in Syria.
(2) INTERIM REPORT.—Not later than February 1, 2019, the Group shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate, the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives, the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives a report that describes the status of the review and assessment under subsection (d) and any interim recommendations developed by the Group as of the date of the briefing.
SEC. 1225. Modification of annual report on military power of Iran.
Section 1245(b) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is amended—
SEC. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.
(a) Extension.—Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended in the matter preceding paragraph (1) by striking “fiscal year 2017 or 2018” and inserting “fiscal year 2017, 2018, or 2019”.
SEC. 1232. Limitation on availability of funds relating to sovereignty of the Russian Federation over Crimea.
(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.
SEC. 1233. Extension of Ukraine Security Assistance Initiative.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most recently amended by section 1234 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended—
(1) in subsection (c)—
SEC. 1234. Sense of Senate on relocation of Joint Intelligence Analysis Complex.
It is the sense of the Senate that, in consideration of any future plans regarding the relocation of the Joint Intelligence Analysis Complex of the United States European Command, the Secretary of Defense should maintain its geographic location within the United Kingdom and its collocation with the North Atlantic Treaty Organization (NATO) Intelligence Fusion Center.
SEC. 1235. Sense of Senate on enhancing deterrence against Russian aggression in Europe.
(a) Statement of policy.—To protect the national security of the United States, it is the policy of the United States to pursue an integrated approach to strengthening the defense of allies and partners in Europe as part of a broader, long-term strategy backed by all elements of United States national power to deter and, if necessary, defeat Russian aggression.
(b) Sense of the Senate.—It is the sense of the Senate that in order to strengthen the defense of allies and partners in Europe, the Secretary of Defense, in coordination with the Secretary of State and in consultation with the commander of United States European Command, should—
(1) prioritize the need for additional United States Army forward presence in Europe, especially increased forward-stationed combat enablers to enhance United States Army capability and capacity in areas such as—
(2) conduct a review of the balance of United States Army presence in Europe between rotationally deployed and forward-stationed forces, including an examination of transitioning the rotational presence of a United States Army armored brigade combat team (ABCT) in Europe to a forward-stationed ABCT, with consideration of—
(D) the potential advantages of interoperability and cultural proficiency that can be achieved by forward-stationed forces that have knowledge of local rules, regulations, culture, customs, geography, and counterpart military units and officials;
(3) consider options for mitigating personnel impacts of heel-to-toe rotations of United States forces in Europe, including designation of Operation Atlantic Resolve as a named operation;
(4) examine the merit and feasibility of maintaining a continuous and enduring presence of at least one United States Army company in Estonia, Latvia, and Lithuania;
(5) examine the merit and feasibility of increasing the presence of United States special operations forces in Estonia, Latvia, and Lithuania to deter aggression, promote interoperability, build resilience through training activities focused on countering unconventional warfare strategies, and enable the North Atlantic Treaty Organization (NATO) to take collective action if required;
(6) examine the merit and feasibility of prepositioning certain equipment and ammunition in Estonia, Latvia, and Lithuania;
(7) continue rotational deployments of United States forces to Romania and Bulgaria while taking full advantage of the training opportunities available at military locations such as Camp Mihail Kogalniceanu in Romania and Novo Selo Training Area in Bulgaria;
(8) examine the implications of Russian military activity in the Arctic region for United States military capability, capacity, and force posture;
(9) conduct exercises focused on demonstrating the capability to flow United States forces from the continental United States and surge forces from central to eastern Europe in a nonpermissive environment—
(10) consider incorporating cyber protection teams, to the extent practicable, with rotational forces in Europe with a focus on training United States and allied forces to operate against adversary cyber, electronic warfare, and information operations capabilities;
(11) support robust security assistance for Ukraine, including defensive lethal assistance, while promoting necessary defense institutional reforms;
(12) support robust security assistance for Georgia, including defensive lethal assistance, to strengthen the defense capabilities and readiness of Georgia, and improve interoperability with NATO forces;
(13) promote enhanced military-to-military engagement between the United States and the militaries of the countries of the Western Balkans to promote interoperability with NATO, civilian control of the military, procurement reforms, and regional security cooperation;
(14) develop and implement a comprehensive security cooperation strategy that rationalizes and prioritizes support for allies and partners in Europe, including Estonia, Latvia, Lithuania, Poland, Romania, Bulgaria, Ukraine, Moldova, and Georgia;
(15) consider the merit and feasibility of a defense lending initiative to support allies and partners in Europe, especially allies and partners that are most vulnerable to Russian aggression, to supplement and fill gaps in existing United States security assistance and arms sales mechanisms; and
(16) in NATO or through other multilateral formats—
(A) promote reforms to accelerate the speed of decision and deployability within NATO, including delegation to the Secretary General and the Supreme Allied Commander Europe (SACEUR) of the authority to deploy the Very High Readiness Joint Task Force to any location within the territory of NATO allies in response to a security crisis;
(B) promote a more robust NATO defense planning process that—
(C) pursue planning agreements with allies and partners in Europe on rules of engagement and arrangements for command and control, access, transit, and support in crisis situations, which occur prior to an invocation of Article 5 of the Washington Treaty by the North Atlantic Council;
(D) promote operational readiness of major combat units as a key element of alliance burden sharing alongside spending commitments made at the 2014 Wales Summit, including through—
(i) the establishment of 30-day readiness targets for NATO kinetic air squadrons, major naval combatants, and mechanized maneuver battalions;
(E) explore transitioning the Baltic air policing mission of NATO to a Baltic air defense mission that would—
(F) support multilateral efforts to improve maritime domain awareness in the Baltic Sea, including—
(i) integrating subsurface sensors and anti-submarine warfare platforms of NATO and other regional partners into a shared maritime domain awareness framework;
(ii) coordinating the development, procurement, and employment of aerial, surface, and subsurface unmanned vehicles as well as mobile air surveillance radars;
(G) promote alignment of the Permanent Structured Cooperation, European Defense Fund, and Coordinated Annual Review on Defense of the European Union (EU) with the NATO defense planning process;
(I) support coordinated NATO and EU actions on expediting or waiving diplomatic clearances for the movement of United States and allied forces during contingencies;
(K) explore enhancing the role of NATO Force Integration Units to more centrally coordinate exercises and training by de-conflicting training engagements, identifying opportunities for combined activities, and ensuring exercise design and delivery are responsive to the dynamic security environment;
(L) support cooperative efforts to improve the cyber resiliency of commercial systems in Europe, especially port and rail infrastructure essential for military mobility;
(M) support NATO procurement and training efforts to expand the use of secure and interoperable communications at the operational level, especially in the militaries of Estonia, Latvia, Lithuania, Poland, Romania, and Bulgaria;
(N) expand cooperation and joint planning with allies and partners on intelligence, surveillance, and reconnaissance (ISR), including—
(P) encourage regular review and update of the Alliance Maritime Strategy of NATO to reflect the changing military balance in the Black Sea with a particular focus on ISR, cyber, electronic warfare, and anti-submarine warfare capabilities as well as defense of ports, airfields, military bases, and other critical infrastructure;
(Q) explore increasing the frequency, scale, and scope of NATO and other multilateral exercises in the Black Sea with the participation of Ukraine and Georgia;
(R) promote integration of United States Marines in Norway with the United Kingdom-led Joint Expeditionary Force to increase multilateral cooperation and interoperability between NATO and regional partners such as Sweden and Finland;
SEC. 1236. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements.
(a) Title 10, United States Code.—Section 2350d of title 10, United States Code, is amended—
(1) by striking “NATO Support Organization” each place it appears and inserting “NATO Support and Procurement Organization”;
(b) Arms Export Control Act.—Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended—
(1) in subparagraph (A)—
SEC. 1237. Report on security cooperation between the Russian Federation and Cuba, Nicaragua, and Venezuela.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on security cooperation between the Russian Federation and each of the countries specified in subsection (b).
(c) Matters To be included.—The report required by subsection (a) shall include the following:
(1) An assessment of bilateral security cooperation between the Russian Federation and each country specified in subsection (b) that includes each of the following:
(A) A list of Russian weapon systems or other military hardware or technology valued at not less than $1,000,000 provided to or purchased by such country since January 1, 2007.
(B) A description of the participation of the security forces of such country in training or exercises with the security forces of the Russian Federation since January 1, 2007.
(d) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 1238. Sense of Senate on countering Russian malign influence.
It is the sense of the Senate that the Secretary of Defense and the Secretary of State should—
(1) urgently prioritize the completion of a comprehensive strategy to counter Russian malign influence; and
(2) submit to Congress the report required by section 1239A(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
SEC. 1241. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative.
(a) Redesignation as Indo-Pacific Maritime Security Initiative.—
(1) IN GENERAL.—Subsection (a)(2) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended by striking “the ‘Southeast Asia Maritime Security Initiative’” and inserting “the ‘Indo-Pacific Maritime Security Initiative’”.
(b) Expansion.—
(1) EXPANSION OF REGION TO RECEIVE ASSISTANCE AND TRAINING.—Subsection (a)(1) of such section is amended by inserting “and the Indian Ocean” after “South China Sea” in the matter preceding subparagraph (A).
SEC. 1242. Modification of annual report on military and security developments involving the People's Republic of China.
Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended—
(1) by redesignating paragraphs (6) through (16) and (17) through (23) as paragraphs (7) through (17) and (19) through (25), respectively;
(3) in paragraph (8), as so redesignated, by striking “including technology transfers and espionage” in the first sentence and inserting “including investment, industrial espionage, cybertheft, academia, and other means of technology transfer”;
(5) by adding at the end the following new paragraphs:
“(26) The relationship between Chinese overseas investment, including initiatives such as the Belt and Road Initiative, and Chinese security and military strategy objectives.
SEC. 1243. Sense of Senate on Taiwan.
It is the sense of the Senate that—
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;
(2) the United States should strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;
(3) the United States should strongly support the acquisition by Taiwan of defensive weapons through foreign military sales, direct commercial sales, and industrial cooperation, with a particular emphasis on asymmetric warfare and undersea warfare capabilities, consistent with the Taiwan Relations Act;
(4) the United States should improve the predictability of arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and defense services;
(5) the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including—
(A) United States participation in appropriate Taiwan exercises, such as the annual Han Kuang exercise;
(C) exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act (Public Law 115–135);
SEC. 1244. Redesignation and modification of sense of Congress and initiative for the Indo-Asia-Pacific region.
(a) Redesignation.—
(1) IN GENERAL.—Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “Indo-Asia-Pacific” each place it appears and inserting “Indo-Pacific”.
(b) Modification of initiative.—Such section is further amended—
(1) in subsection (c)—
(A) by striking paragraphs (1) through (4) and inserting the following new paragraphs (1) through (4):
“(1) Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture of the United States Armed Forces in the Indo-Pacific region—
“(2) Activities to improve military and defense infrastructure, logistics, and assured access in the Indo-Pacific region to enhance the responsiveness, survivability, and operational resilience of the United States Armed Forces in the Indo-Pacific region.
(3) by amending subsection (e) to read as follows:
“(e) Five-year plan for the Indo-Pacific Stability Initiative.—
“(1) PLAN REQUIRED.—
“(2) ELEMENTS.—The plan required under paragraph (1) shall include each of the following:
“(B) A description of the manner in which such objectives support implementation of the National Defense Strategy and reduce the risk of execution of the contingency plans of the Department of Defense by improving the operational resilience of United States forces in the Indo-Pacific region.
“(D) An assessment of any additional rotational or permanently stationed United States forces in the Indo-Pacific region required to achieve such objectives.
“(E) An assessment of the logistics requirements, including force enablers, equipment, supplies, storage, and maintenance, to achieve such objectives.
“(F) An identification and assessment of required infrastructure investments to achieve such objectives, including potential infrastructure investments by host countries and new construction or upgrades of existing sites that would be funded by the United States.
SEC. 1245. Prohibition on participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) naval exercises.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the pace and militarization by the Government of the People’s Republic of China of land reclamation activities in the South China Sea is destabilizing the security of United States allies and partners and threatening United States core interests;
SEC. 1246. Assessment of and report on geopolitical conditions in the Indo-Pacific region.
(a) Assessment.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall select and enter into an agreement with an entity independent of the Department of Defense to conduct an assessment of the geopolitical conditions in the Indo-Pacific region that are necessary for the successful implementation of the National Defense Strategy.
(2) MATTERS TO BE INCLUDED.—The assessment required by paragraph (1) shall include a determination of the geopolitical conditions in the Indo-Pacific region, including any change in economic and political relations, that are necessary to support United States military requirements for forward defense, extensive forward basing, and alliance formation and strengthening in such region.
(b) Report.—Not later than 270 days after the date of the enactment of this Act, the independent entity selected under subsection (a) shall submit to the appropriate committees of Congress a report on the results of the assessment conducted under that subsection.
(c) Department of Defense support.—The Secretary shall provide the independent entity selected under subsection (a) with timely access to appropriate information, data, resources, and analyses necessary for the independent entity to conduct the assessment required by that subsection in a thorough and independent manner.
SEC. 1247. Sense of Senate on United States-India defense relationship.
It is the sense the Senate that the United States should strengthen and enhance its major defense partnership with India and work toward mutual security objectives by—
(1) expanding engagement in multilateral frameworks, including the Quadrilateral Dialogue between the United States, India, Japan, and Australia, to promote regional security and defend shared values and common interests in the rules-based order;
(2) exploring additional steps to implement the “major defense partner” designation to better facilitate military interoperability, information sharing, and appropriate technology transfers;
(3) designating the responsible individual within the Department of Defense to facilitate the major defense partnership with India, as required by section 1292(a)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559);
(4) pursuing strategic initiatives to help develop India’s defense capabilities, including maritime security capabilities;
SEC. 1248. Sense of Senate on strategic importance of maintaining commitments under Compacts of Free Association.
(a) Findings.—The Senate makes the following findings:
(1) The Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are sovereign countries in free association with the United States under the Compacts of Free Association (in this section referred to as the “Compacts”), which provide for the exclusive right of the United States Armed Forces to operate in the areas covered by the Compacts.
(2) Such exclusive right allows the United States to curtail the potential expansion of foreign militaries into areas covered by the Compacts.
(3) Under the Compacts, eligible citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may—
(4) An estimated 1⁄4 of the populations of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau has relocated to the United States.
(5) Under the Compacts, the Federal Government is required to provide assistance to any affected jurisdiction in the United States to defray costs incurred by the affected jurisdiction for health, educational, social, or public safety services, or for infrastructure relating to such services, due to the residence in the affected jurisdiction of citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
SEC. 1249. Sense of Senate on United States military forces on the Korean Peninsula.
(a) Findings.—The Senate makes the following findings:
(1) On June 25, 1950, the Democratic People's Republic of Korea (DPRK), under the rule of Kim Il-sung, the grandfather of Kim Jong-un, launched a surprise attack against forces from the Republic of Korea (South Korea) and small contingent of United States forces, thus beginning the Korean War.
(2) In June and July of 1950, the United Nations Security Council adopted Resolutions 82, 83, and 84 calling for the Democratic People's Republic of Korea to cease hostilities and withdraw, to recommend that United Nations member nations provide forces to repel the Democratic People's Republic of Korea attack, and stating any forces provided should be unified under the command of the United States, respectively.
(3) Fighting as part of a 1,000,000-strong, 22-nation United Nations force, 36,574 members of the United States Armed Forces and 137,899 members of the South Korean military lost their lives during the three years of armed hostilities and brutal conflict in the Korean War.
(4) On July 27, 1953, the Democratic People's Republic of Korea, Chinese People's Volunteers, and the United Nations signed an armistice agreement ceasing all hostilities in Korea and establishing the Demilitarized Zone (DMZ).
(5) Since 1953, lawfully-deployed United States and United Nations forces have remained alongside their South Korean counterparts, continuing to protect and defend South Korea and deter aggression from the Democratic People's Republic of Korea.
(6) As a lasting testament the blood and treasure lost during the Korean War and the strong and unwavering alliance built from the ashes of the conflict, the Korean War Memorial in Washington, District of Columbia, and the War Memorial of Korea in Seoul, South Korea, prominently display the following inscription: “Our Nation honors her Sons and Daughters who answered the call to defend a Country they never knew and a people they never met.”.
(7) The United States maintains a robust, well-trained, and ready force of approximately 28,500 members of the Armed Forces in South Korea, and the presence of the members of the Armed Forces in South Korea demonstrates the continued resolve and support of the United States for the enduring United States-South Korean Alliance.
(8) On December 22, 2017, Kim Jong-un stated, “The rapid development of [North Korea's] nuclear force is now exerting big influence on the world political structure and strategic environment.”.
(9) On January 1, 2018, Kim Jong-un stated “The entire United States is within range of our nuclear weapons, and a nuclear button is always on my desk. This is reality, not a threat. This year we should focus on mass producing nuclear warheads and ballistic missiles for operational deployment.”.
(10) Despite 11 standalone United Nations Security Council resolutions against the nuclear and ballistic missile programs of the Democratic People's Republic of Korea, 8 of which passed during the rule of Kim Jong-un, the Democratic People's Republic of Korea has continued to illegally and unlawfully pursue a long-range, nuclear capability meant to hold hostage the United States and threaten the security of the neighbors of the Democratic People's Republic of Korea.
(11) The 2017 National Security Strategy (NSS) states—
(A) “Our alliance and friendship with South Korea, forged by the trials of history, is stronger than ever.”;
(12) Secretary of Defense James Mattis stated, “Winston Churchill noted that the only thing harder than fighting with allies is fighting without them. History proves that we are stronger when we stand united with others. Accordingly, our military will be designed, trained, and ready to fight alongside allies.”.
(13) The 2018 National Defense Strategy (NDS) states, “Mutually beneficial alliances and partnerships are crucial to our strategy, providing a durable, asymmetric strategic advantage that no competitor or rival can match … [and the United States] will strengthen and evolve our alliances and partnerships into an extended network capable of deterring or decisively acting to meet the shared challenges of our time.”.
(14) The unclassified summary of 2018 NDS, an 11-page document, mentions the term “allies” or “alliances” over 50 times.
(15) The 2018 NDS states, “China is a strategic competitor using predatory economics to intimidate its neighbors … [and] it is increasingly clear that China…want[s] to shape a world consistent with their authoritarian model—gaining veto authority over other nations’ economic, diplomatic, and security decisions.”.
(16) Foreign policy experts have long contended that the first priority of the People's Republic of China on the Korean Peninsula is to ensure that the Democratic People's Republic of Korea remains a buffer between China and the democratic South Korea and the United States forces deployed on the Korean Peninsula.
(17) China continues to provide the Democratic People's Republic of Korea with most of its food and energy supplies and, until recently, accounted for approximately 90 percent of the total trade volume of the Democratic People's Republic of Korea.
(18) On June 30, 2017, President Donald Trump stated, “Our goal is peace, stability and prosperity for the region. But the United States will defend itself, always will defend itself, always, and we will always defend our allies. As part of that commitment, we are working together to ensure fair burden sharing and support of the United States military presence in Republic of Korea.”.
(19) South Korea already pays for approximately 50 percent of the total nonpersonal costs of the 28,500 United States members of the Armed Forces on the Korean Peninsula, amounting to $887,500,000 in 2018.
(20) President Moon Jae-in has committed to increasing the defense spending of South Korea during his term from the current level 2.4 percent of the gross domestic product to 2.9 percent of the gross domestic product.
(21) News reports published in early May 2018 have stated that President Trump asked the Secretary of Defense to provide him with options for removing United States troops from the Korean Peninsula.
(22) National Security Advisor John Bolton responded, “The President has not asked the Pentagon to provide options for reducing American forces stationed in South Korea.”.
(23) A spokesman for the Secretary stated, “The president has not asked the Pentagon to provide options for reducing American forces stationed in South Korea. The Department of Defense's mission in South Korea remains the same, and our force posture has not changed. The Department of Defense remains committed to supporting the maximum pressure campaign, developing and maintaining military options for the President, and reinforcing our ironclad security commitment with our allies. We all remain committed to complete, verifiable, and irreversible denuclearization of the Korean Peninsula.”.
(b) Sense of Senate.—It is the sense of the Senate that—
(1) South Korea is a close friend and ally of the United States, and the United States-South Korea alliance is the linchpin of peace and security in the Indo-Pacific region;
(2) the presence of United States military forces on the Korean Peninsula and across the Indo-Pacific region continues to play a critical role in safeguarding the peaceful and stable rules-based international order that benefits all countries;
(3) South Korea has contributed heavily to its own defense and to the defense of the United States Armed Forces in South Korea, including by providing $10,000,000,000 of the $10,800,000,0000 Camp Humphreys project, which is 93 percent of the funding, to build and relocate United States military forces to a new base in South Korea;
(4) United States military forces, pursuant to international law, are lawfully deployed on the Korean Peninsula;
(5) the nuclear and ballistic missile programs of the Democratic People's Republic of Korea are clear and consistent violations of international law;
(6) the long-stated strategic objective of authoritarian states such as the People's Republic of China, the Russian Federation, and the Democratic People's Republic of Korea has been the significant removal of United States military forces from the Korean Peninsula;
SEC. 1251. Report on military and coercive activities of the People's Republic of China in South China Sea.
(a) In general.—Except as provided in subsection (d), immediately after the commencement of any significant reclamation or militarization activity by the People's Republic of China in the South China Sea, including any significant military deployment or operation or infrastructure construction, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees, and release to the public, a report on the military and coercive activities of China in the South China Sea in connection with such activity.
(b) Elements of report to public.—Each report on a significant reclamation or militarization activity under subsection (a) shall include a short narrative on, and one or more corresponding images of, such significant reclamation or militarization activity.
(c) Form.—
(d) Waiver.—
(1) RELEASE OF REPORT TO PUBLIC.—The Secretary of Defense may waive the requirement in subsection (a) for the release to the public of a report on a significant reclamation or militarization activity if the Secretary determines that the release to the public of a report on such activity under that subsection in the form required by subsection (c)(2) would have an adverse effect on the national security interests of the United States.
(2) NOTICE TO CONGRESS.—If the Secretary issues a waiver under paragraph (1) with respect to a report on an activity, not later than 48 hours after the Secretary issues such waiver, the Secretary shall submit to the congressional defense committees written notice of, and justification for, such waiver.
SEC. 1252. Report on terrorist use of human shields.
(a) In general.—The Secretary of Defense, in consultation with the Secretary of State, shall provide a report on the use of human shields by terrorist groups to protect otherwise lawful targets from attack.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) A description of the lessons learned from the United States and its allies and partners in addressing the use of human shields by terrorist organizations such as Hamas, Hezbollah, the Islamic State of Iraq and Syria, Al Qaeda, and any other organization as determined by the Secretary of Defense.
(2) A description of a specific plan and actions being taken by the Department of Defense to incorporate the lessons learned as identified in paragraph (1) into Department of Defense operating guidance, relevant capabilities, and tactics, techniques, and procedures to deter, counter, and address the challenge posed by the use of human shields and hold accountable terrorist organizations for the use of human shields.
(c) Submittal of the Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress the report required in subsection (a).
SEC. 1253. Report on Arctic strategies.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall submit to the congressional defense committees a report on the strategy of the Army, the Navy and the Marine Corps, and the Air Force, respectively, for the Arctic region.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) A description of the specific means by which each Armed Force, including regular components, the National Guard, and the Reserves, will—
(F) develop Department of Defense Arctic infrastructure and capabilities consistent with changing conditions and needs;
(2) An analysis of the role of each Armed Force in the operational and contingency plans for the protection of United States national security interests in the Arctic region, including strategic national assets, United States citizens, territory, freedom of navigation, and economic and trade interests in the Arctic region, weighed against the missions described in the Arctic strategy.
(3) A detailed description of near-term and long-term training, capability, and resource gaps that must be addressed to fully execute each mission described in the Arctic strategy against an increasing threat environment.
(4) A description of the Armed Force-specific infrastructure that may be needed to continue to accomplish each mission described in the Arctic strategy against an increasing threat environment, including a cost estimate and potential construction timeline for such infrastructure.
(5) A description, by Armed Force, of the current and projected Arctic capabilities of the Russian Federation and the People's Republic of China, and an analysis of current and future United States capabilities that are required to comply with—
(6) With respect to each Armed Force—
SEC. 1254. Report on permanent stationing of United States forces in the Republic of Poland.
(a) In general.—Not later than March 1, 2019, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees a report on the feasibility and advisability of permanently stationing United States forces in the Republic of Poland.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) An assessment of the types of permanently stationed United States forces in Poland required to deter aggression by the Russian Federation and execute Department of Defense contingency plans, including combat enabler units in capability areas such as—
(2) An assessment of the feasibility and advisability of permanently stationing a United States Army brigade combat team in the Republic of Poland that includes the following:
(A) An assessment whether a permanently stationed United States Army brigade combat team in Poland would enhance deterrence against Russian aggression in Eastern Europe.
(B) An assessment of the actions the Russian Federation may take in response to a United States decision to permanently station a brigade combat team in Poland.
(C) An assessment of the international political considerations of permanently stationing such a brigade combat team in Poland, including within the North Atlantic Treaty Organization (NATO).
(D) An assessment whether a such a brigade combat team in Poland would support implementation of the National Defense Strategy.
(E) A description and assessment of the manner in which such a brigade combat team in Poland would affect the ability of the Joint Force to execute Department of Defense contingency plans in Europe.
(F) A description and assessment of the manner in which such a brigade combat team in Poland would affect the ability of the Joint Force to respond to a crisis inside the territory of a North Atlantic Treaty Organization ally that occurs prior to the invocation of Article 5 of the Washington Treaty by the North Atlantic Council.
(G) An identification and assessment of—
(ii) the logistics requirements, including force enablers, equipment, supplies, storage, and maintenance, that would be required to support such a brigade combat team in Poland;
(iii) infrastructure investments by the United States and Poland, including new construction or upgrades of existing sites, that would be required to support such a brigade combat team in Poland;
(iv) any new agreements, or changes to existing agreements, between the United States and Poland that would be required for a such a brigade combat team in Poland;
Section 937, relating to a Strategic Defense Fellows Program for the Department of Defense, shall have no force or effect.
(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.
(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
(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:
(F) Letters of recommendation addressing the applicant’s character, academic ability, and any extracurricular activities.
(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:
(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.
(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
(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.
(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.
SEC. 1255. Reports on nuclear capabilities of the Democratic People's Republic of Korea.
(a) Baseline report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate committees of Congress a report on the status of the nuclear program of the Democratic People's Republic of Korea to establish a baseline of progress for negotiations with the Democratic People's Republic of Korea with respect to denuclearization.
(b) Elements.—The report required by subsection (a) shall include the following, to the extent known or suspected:
(1) A description of the location, quantity, capability, and operational status of the nuclear weapons of the Democratic People's Republic of Korea.
(2) A description of the location of nuclear research, development, production, and testing facilities of the Democratic People's Republic of Korea, including covert facilities.
(3) A description of the location, quantity, capability, and operational status of the ballistic missiles of the Democratic People's Republic of Korea.
(c) Updates.—
(1) IN GENERAL.—In the case of an agreement between the United States and the Democratic People's Republic of Korea, not later than 60 days after the date on which the agreement is reached, and every 90 days thereafter, the report required by subsection (a) shall be augmented by a written update.
(2) ELEMENTS.—Each written update under paragraph (1) shall include the following for the preceding 90-day period:
(A) A description of the number of nuclear weapons and ballistic missiles verifiably dismantled, destroyed, rendered permanently unusable, or transferred out of the Democratic People's Republic of Korea.
(B) An identification of the location of nuclear research, development, production, and testing facilities in the Democratic People's Republic of Korea identified and verifiably dismantled, destroyed, or rendered permanently unusable.
(C) An identification of the location of ballistic missile manufacturing and assembly facilities in the Democratic People's Republic of Korea verifiably dismantled, destroyed, or rendered permanently unusable.
(d) Verification assessment report.—Not later than 180 days after the date on which the report required by subsection (a) is submitted, and every 180 days thereafter, the written update required under paragraph (1) of subsection (c) shall include, in addition to the information required by subparagraphs (A) through (E) of that subsection, the following for the preceding 180-day period:
(1) An assessment of the establishment of safeguards, other control mechanisms, and other assurances secured from the Democratic People's Republic of Korea to ensure the activities of the Democratic People's Republic of Korea permitted under any agreement will not be used to further any nuclear-related military or nuclear explosive purpose, including research on or development of a nuclear explosive device.
(2) An assessment of the capacity of the United States or an international organization, including the International Atomic Energy Agency, to effectively access and investigate suspicious sites in the Democratic People's Republic of Korea or allegations of covert nuclear-related activities, including storage sites for nuclear weapons.
(e) Sunset.—The section shall cease to be effective on the date that is three years after the date of the enactment of this Act.
SEC. 1256. Report on United States military training opportunities with allies and partners in the Indo-Pacific region.
(a) Sense of Senate.—It is the sense of the Senate that—
(1) the Secretary of Defense, as part of strategic initiatives, should continue to place emphasis on and consider the benefits of United States military training exercises with allies in the Indo-Pacific region;
(3) the relationship between the United States and allies and partners in the Indo-Pacific region is essential for ensuring peace and security in the region;
(4) interoperability between the United States and allies in the Indo-Pacific region increases readiness and regional contingency response time;
(5) the United States should focus on expanding training with other allied nations and partners in the Indo-Pacific region;
(b) Report.—
(1) 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 future United States military training opportunities with allied and partner countries in the Indo-Pacific region.
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
(A) A detailed description of—
(i) current United States military exercises involving United States partners and allies in the Indo-Pacific region;
SEC. 1261. Modification of authorities relating to acquisition and cross-servicing agreements.
(a) Prohibitions.—Section 2342 of title 10, United States Code, is amended—
(2) by inserting after subsection (c) the following new subsections (d) and (e):
“(d) The Secretary of may not use an agreement with any government of an organization described in subsection (a)(1) to facilitate the transfer of logistic support, supplies, and services to any country or organization with which the Secretary has not signed an agreement described in subsection (a)(2).
(b) Annual reports.—Such section is further amended by adding at the end the following new subsection:
“(g) Not later than January 15 each year, the Secretary shall submit to the appropriate committees of Congress a report on acquisition and cross-servicing activities that sets forth, in detail, the following:
“(2) The date on which each agreement listed under paragraph (1) was signed, and, in the case of an agreement with a country that is not a member of the North Atlantic Treaty Organization, the date on which the Secretary notified Congress pursuant to subsection (b)(2) of the designation of such country under subsection (a).
“(3) The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.
“(4) The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.
(c) Definitions.—Such section is further amended—
(1) in subsection (b)(2), by striking “the Committee on Armed Services” the first place it appears and all that follows through “the House of Representatives” and inserting “the appropriate committees of Congress”; and
SEC. 1262. Extension of authority for transfer of amounts for Global Engagement Center.
Section 1287(e)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2546; 22 U.S.C. 2656 note) is amended—
(3) by adding at the end the following new subparagraph:
“(C) for fiscal year 2019 are less than $80,000,000, the Secretary of Defense is authorized to transfer, from amounts authorized to be appropriated by an Act authorizing funds for the Department of Defense for fiscal year 2019, to the Secretary of State an amount, not to exceed $60,000,000, to be available to carry out the functions of the Center for fiscal year 2019.”.
SEC. 1263. Sense of Senate on purchase by Turkey of S–400 air defense system.
It is the sense of the Senate that if the Republic of Turkey purchases the S–400 air defense system from the Russian Federation—
(1) such purchase would constitute a significant transaction within the meaning of section 231(a) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115–44; 22 U.S.C. 9525(a)); and
(2) the President should faithfully execute that Act by imposing and applying sanctions under section 235 of that Act (22 U.S.C. 9529) with respect to any individual or entity determined to have engaged in such significant transaction as if such person were a sanctioned person for purposes of such section 235.
SEC. 1264. Department of Defense support for stabilization activities in national security interest of the United States.
(a) In general.—The Secretary of Defense may, with the concurrence of the Secretary of State and in consultation with the Administrator of the United States Agency for International Development and the Director of the Office of Management and Budget, provide support for the stabilization activities of other Federal agencies specified under subsection (c).
(b) Designation of foreign areas.—
(c) Support to other agencies.—
(d) Requirement for a stabilization strategy.—
(1) LIMITATION.—With respect to any country specified in subsection (b)(2), no amount of support may be provided under subsection (a) until 15 days after the date on which the Secretary of Defense, with the concurrence of the Secretary of State, submits to the appropriate committees of Congress a detailed report setting forth a stabilization strategy for such country.
(2) ELEMENTS OF DETERMINATION.—The stabilization strategy required by paragraph (1) shall set forth the following:
(A) The United States interests in conducting stabilization activities in the country specified in subsection (b)(2).
(C) The desired end states and objectives of the United States stabilization activities in such country.
(e) Requirement for guidance.—No amount of support may be provided under subsection (a) until 30 days after the date on which the Secretary of Defense submits to the appropriate committees of Congress written guidance for the design, implementation, monitoring, and evaluation of support provided under that subsection.
(f) Report.—The Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress on an annual basis a report that includes the following:
(1) The identification of each foreign area within countries specified in subparagraph (b)(2) for which support to stabilization has occurred.
(2) The total amount spent by the Department of Defense, broken out by recipient Federal agency and activity.
(g) Use of funds.—
(h) Expiration.—The authority provided under this section may not be exercised after September 30, 2020.
SEC. 1265. Enhancement of U.S.-Israel defense cooperation.
(a) Extension of war reserves stockpile authority.—Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking “after September 30, 2018” and inserting “after September 30, 2023”.
(b) Joint assessment of quantity of precision guided munitions for use by Israel.—
(1) IN GENERAL.—The President, acting through the Secretary of State and the Secretary of Defense, is authorized to conduct a joint assessment with the Government of Israel with respect to the matters described in paragraph (2).
(2) MATTERS DESCRIBED.—The matters described in this paragraph are the following:
(A) The quantity and type of precision guided munitions that are necessary for Israel to combat Hezbollah in the event of a sustained armed confrontation between Israel and Hezbollah.
(B) The quantity and type of precision guided munitions that are necessary for Israel in the event of a sustained armed confrontation with other armed groups and terrorist organizations such as Hamas.
(3) REPORT.—
(A) IN GENERAL.—Not later than 15 days after the date on which the joint assessment authorized under paragraph (1) is completed, the President shall submit to the appropriate congressional committees a report that contains the joint assessment.
(B) FORM.—The report required under subparagraph (A) shall be submitted in classified form, but may contain an unclassified summary.
(c) Modification of rapid acquisition and deployment procedures.—
(1) REQUIREMENT TO ESTABLISH PROCEDURES.—Section 806(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note; Public Law 107–314) is amended—
(C) by adding at the end the following new paragraph:
“(3) urgently needed to support production of precision guided munitions—
“(B) to assist an ally of the United States under direct missile threat from—
“(i) an organization the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
“(ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as in effect pursuant to the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.”.
(2) PRESCRIPTION OF PROCEDURES.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe procedures for the rapid acquisition and deployment of supplies and associated support services for purposes described in paragraph (3) of section 806(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1)(C).
SEC. 1266. Certifications regarding actions by Saudi Arabia in Yemen.
(a) Restriction.—
(1) IN GENERAL.—Subject to paragraph (2), if the Secretary of State is unable under subsection (c) or (d) to certify that the Government of Saudi Arabia is undertaking the effort, measures, and actions described in paragraphs (1), (2), (3), and (4) of subsection (c), no Federal funds may be obligated or expended after the deadline for the applicable certification to provide authorized in-flight refueling pursuant to section 2342 of title 10, United States Code, or other applicable statutory authority, of Saudi or Saudi-led coalition non-United States aircraft conducting missions in Yemen, other than missions related to—
(2) WAIVER.—The Secretary may waive the restriction in paragraph (1) with respect to a particular certification if the Secretary—
(A) certifies to the appropriate committees of Congress that the waiver is in the national security interests of the United States; and
(B) submits to the appropriate committees of Congress a report, in written and unclassified form, setting forth—
(i) the effort in subsection (c)(1), measures in subsection (c)(2), or actions in subsections (c)(3) or (c)(4), or combination thereof, about which the Secretary is unable to make the certification;
(ii) a detailed explanation why the Secretary is unable to make the certification about such effort, measures, or actions;
(b) Reporting requirement.—Not later than 30 days after the date of the enactment of this Act, the President or the President’s designee shall provide a briefing to the appropriate committees of Congress including, at a minimum—
(1) a description of Saudi Arabia and the United Arab Emirates’ military and political objectives in Yemen and whether United States assistance to the Saudi-led coalition has resulted in significant progress towards meeting those objectives;
(2) a description of efforts by the Government of Saudi Arabia to avoid disproportionate harm to civilians and civilian objects in Yemen, and an assessment of whether United States assistance to the Saudi-led coalition has led to a demonstrable decrease in civilians killed or injured by Saudi-led airstrikes and damage to civilian infrastructure;
(3) an assessment of the United Nations Verification and Inspection Mechanism (UNVIM) in Yemen and an assessment of the need for existing secondary inspection and clearance processes and transshipment requirements on humanitarian and commercial vessels that have been cleared by UNVIM;
(4) a description of the sources of external support for the Houthi forces, including financial assistance, weapons transfers, operational planning, training, and advisory assistance;
(5) an assessment of the applicability of United States and international sanctions to Houthi forces that have committed grave human rights abuses, obstructed international aid, and launched ballistic missiles into Saudi territory, and an assessment of the applicability of United States and international sanctions to individuals or entities providing the Houthi forces with material support; and
(c) Initial certification.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a certification indicating whether the Government of Saudi Arabia is undertaking—
(2) appropriate measures to alleviate the humanitarian crisis in Yemen by increasing access for Yemenis to food, fuel, medicine, and medical evacuation, including through the appropriate use of Yemen’s Red Sea ports, including the port of Hudaydah, the airport in Sana’a, and external border crossings with Saudi Arabia;
(3) appropriate actions to reduce any unnecessary delays to shipments associated with secondary inspection and clearance processes other than the United Nations Verification and Inspections Mechanism (UNVIM); and
(d) Subsequent certifications.—Not later than 180 and 360 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a certification indicating whether the Government of Saudi Arabia is undertaking the effort, measures, and actions described in paragraphs (1), (2), (3), and (4) of subsection (c).
(e) Rule of construction.—Nothing in this section may be construed as authorizing the use of military force.
(f) Form of certifications.—The certifications required under subsections (c) and (d) shall be written, detailed, and submitted in unclassified form.
(g) Strategy required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate committees of Congress an unclassified report listing United States objectives in Yemen and detailing a strategy to accomplish those objectives. The report shall be unclassified but may include a classified annex.
SEC. 1267. Sense of Senate on support for G5 Sahel Joint Force countries.
It is the sense of the Senate that the United States should—
(1) work with partners and allies to disrupt violent extremist organizations in the Sahel region that threaten United States security interests;
(3) continue to support the efforts of each G5 Sahel Joint Force country—
(A) to improve security along the respective borders of each country through the cooperation and deployment of joint patrols to interdict the cross-border flows of illicit trafficking and violent extremist groups;
SEC. 1268. Sense of Congress on broadening and expanding strategic partnerships and allies.
It is the sense of Congress that—
(1) the United States is an ally-rich country and our potential competitors, such as Russia, China, and North Korea, are ally-poor countries;
(2) United States allies and partners are critical to defending peace and prosperity throughout the world;
(3) the rules-based international order supported by the United States and its allies has ensured, and will continue to promote, an international system that benefits all nations;
(4) throughout the world, the United States will continue to foster relationships with countries with like minds and beliefs;
(5) as the United States manages multiple strategic challenges, the enduring strength of the United States remains in alliances such as the North Atlantic Treaty Organization, the Rio Treaty, and mutual defense treaties with Japan, the Republic of Korea, Australia, the Philippines, and Thailand;
(6) the resolve of the United States remains as strong as ever to forge new alliances and partnerships with countries in order to jointly to work with one another on shared challenges in Europe, the Indo-Pacific and throughout the world;
(7) the United States will continue to invest in critical capabilities, build a force posture that decreases the vulnerabilities of the United States and increases resiliency, all of which will help reassure the allies and partners of the United States;
SEC. 1269. Removal of Turkey from the F–35 program.
(a) Findings.—Congress makes the following findings:
(1) The Government of the Republic of Turkey continues to unlawfully and wrongfully detain Andrew Brunson, a United States citizen, and continues to deny Mr. Brunson due process rights consistent with international norms.
(2) The Government of the Republic of Turkey has wrongly charged Andrew Brunson with belonging to a terrorist organization and engaging in terrorist activities.
(3) The Government of the Republic of Turkey, including the senior leadership of the government, bears direct responsibility for the health and safety of Andrew Brunson while he remains in the custody of the Government of the Republic of Turkey.
(4) Congress will not tolerate any foreign government’s efforts to use United States citizens for political leverage.
(b) Report.—The Secretary of Defense shall submit to the appropriate congressional committees a plan to remove the Government of the Republic of Turkey from participation in the F–35 program, to include industrial and military aspects of the program. The plan shall include:
(1) steps required to unwind industrial participation of Turkish industry in the manufacturing and assembly of the F–35 program;
(2) costs associated with replacing tooling and other manufacturing materials held by Turkish industry;
SEC. 1270. Increase in minimum amount of obligations from the Special Defense Acquisition Fund for precision guided munitions.
SEC. 1301. Specification of Cooperative Threat Reduction funds.
(a) Fiscal year 2019 cooperative threat reduction funds defined.—In this title, the term “fiscal year 2019 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711).
(b) Availability of funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2019, 2020, and 2021.
SEC. 1302. Funding allocations.
Of the $335,240,000 authorized to be appropriated to the Department of Defense for fiscal year 2019 in section 301 and made available by the funding table in section 4301 for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
SEC. 1401. Working capital funds.
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 providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
SEC. 1402. Chemical Agents and Munitions Destruction, Defense.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.—Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
SEC. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
SEC. 1404. Defense Inspector General.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
SEC. 1405. Defense Health Program.
Funds are hereby authorized to be appropriated for fiscal year 2019 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.
SEC. 1411. Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act.
Section 11 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2) is amended—
(2) in subsection (b)—
(A) in paragraph (1), by striking “Not later” and all that follows through “report containing” and inserting “Each report under subsection (a) shall also include”; and
SEC. 1421. Authorization of appropriations for Armed Forces Retirement Home.
There is hereby authorized to be appropriated for fiscal year 2019 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.
SEC. 1422. Expansion of eligibility for residence at the Armed Forces Retirement Home.
Section 1512 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412) is amended to read as follows:
“SEC. 1512. Residents of retirement home.
“(a) Persons eligible to be residents.—Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:
“(1) Persons who are 60 years of age or over and were discharged or released from service in the Armed Forces after 20 or more years of active service.
“(2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces.
“(3) Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37, United States Code, and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability.
“(b) Persons ineligible to be residents.—The following persons are ineligible to become a resident of the Retirement Home:
“(c) Acceptance.—To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require.
“(d) Priorities for acceptance.—The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate.
“(e) Spouses of residents.—
“(1) AUTHORITY TO ADMIT.—Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse—
SEC. 1423. Oversight of health care provided to residents of the Armed Forces Retirement Home.
Section 1513A(c) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 413a(c)) is amended—
SEC. 1424. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home.
Paragraph (1) of section 1515(f) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 415(f)) is amended to read as follows:
SEC. 1425. Relief for residents of the Armed Forces Retirement Home impacted by increase in fees.
(a) Prohibition on removal for inability To pay fee increase.—A resident of the Armed Forces Retirement Home as of September 30, 2018, may not be removed or released from the Retirement Home after that date based solely upon the inability of the resident to pay the amount of any increase in fees applicable to residents of the Retirement Home that takes effect on October 1, 2018.
(b) Other relief.—The Chief Operating Officer of the Armed Forces Retirement Home shall take all actions practicable to accommodate residents of the Retirement Home who are impacted by the fee structure applicable to residents of the Retirement Home that takes effect on October 1, 2018, including through hardship relief, additional deductions from gross income, and other appropriate actions.
SEC. 1426. Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home.
In the case of an individual who was a resident of the Armed Forces Retirement Home as of April 9, 2018, the increase in fees pursuant to the increase in fees for residents of the Home scheduled to take effect on October 1, 2018, may not exceed an amount equal to 50 percent of the fees payable by such individual as such a resident as of April 9, 2018.
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.
(a) Authority for transfer of funds.—Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $113,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(b) Use of transferred funds.—For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
SEC. 1432. Economical and efficient operation of working capital fund activities.
Section 2208(e) of title 10, United States Code, is amended—
(2) by adding at the end the following new paragraph:
“(2) The accomplishment of the most economical and efficient organization and operation of working capital fund activities for the purposes of paragraph (1) shall include actions toward the following:
“(A) The implementation of a workload plan that optimizes the efficiency of the workforce operating within a working capital fund activity and reduces the rate structure.
The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2019 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
SEC. 1502. Overseas contingency operations.
Funds are hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.
SEC. 1504. Research, development, test, and evaluation.
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 4202.
SEC. 1505. Operation and maintenance.
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 4302.
SEC. 1506. Military personnel.
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 4402.
SEC. 1507. Working capital funds.
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 providing capital for working capital and revolving funds, as specified in the funding table in section 4502.
SEC. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
SEC. 1509. Defense Inspector General.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
SEC. 1510. Defense Health Program.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.
SEC. 1521. Treatment as additional authorizations.
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1522. Special 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 title 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.
SEC. 1531. Joint Improvised-Threat Defeat Organization.
(a) Use and transfer of funds.—
(1) IN GENERAL.—Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply to amounts made available for fiscal year 2019 for the Department of Defense for the Joint Improvised-Threat Defeat Organization.
(2) REFERENCES TO JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.—In the application of paragraph (1) to the use of funds described in that paragraph in fiscal year 2019, any reference in the subsections referred to in that paragraph to the Joint Improvised Explosive Device Defeat Fund shall be deemed to be a reference to the Joint Improvised-Threat Defeat Organization.
(b) Interdiction of improvised explosive device precursor chemicals.—
(1) AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated for fiscal year 2019 for the Department of Defense by this Act for the Joint Improvised-Threat Defeat Organization, $15,000,000 may be made available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide training, equipment, supplies, and services to ministries and other entities of foreign governments that the Secretary of Defense has identified as critical for countering the flow of improvised explosive device precursor chemicals.
(2) PROVISION THROUGH OTHER UNITED STATES AGENCIES.—If jointly agreed upon by the Secretary of Defense and the head of another department or agency of the United States Government, the Secretary of Defense may transfer amounts made available under paragraph (1) to such department or agency for the provision by such department or agency of training, equipment, supplies, and services to ministries and other entities of foreign governments as described in that paragraph.
(3) NOTICE TO CONGRESS.—None of the funds made available under paragraph (1) may be obligated or expended to supply training, equipment, supplies, or services to a foreign country before the date that is 15 days after the date on which the Secretary of Defense, in coordination with the Secretary of State, has submitted to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notice that includes each of the following:
(A) The name of the foreign country for which training, equipment, supplies, or services are proposed to be supplied.
(B) A description of the training, equipment, supplies, and services to be provided to such foreign country using such funds.
(C) A detailed description of the amounts proposed to be obligated or expended to supply such training, equipment, supplies, or services, including—
SEC. 1601. Modifications to Space Rapid Capabilities Office.
Section 2273a of title 10, United States Code, is amended—
(2) in subsection (b), in the first sentence, by striking “Department of Defense Executive Agent for Space” and inserting “Secretary of the Air Force”;
(4) by striking subsections (d) through (g) and inserting the following new subsections (d) through (f):
“(d) Acquisition authority.—The acquisition activities of the Office shall be subject to the following:
“(1) The Secretary of the Air Force shall designate the acquisition executive of the Office, who shall provide streamlined acquisition authority for any project of the Office.
SEC. 1602. Space warfighting policy and review of space capabilities.
(a) Space warfighting policy.—Not later than March 29, 2019, the Secretary of Defense shall develop a space warfighting policy.
(b) Review of space capabilities.—
(1) IN GENERAL.—The Secretary shall conduct a review relating to the national security space enterprise that evaluates the following:
(B) The ability of the national security space enterprise to attribute an attack on a space system in a timely manner.
(D) The ability of the national security space enterprise—
(E) The effectiveness and efficiency of the national security space enterprise to rapidly research, develop, acquire, and deploy space capabilities and capacities—
(F) The current organizational structure of the national security space enterprise with respect to roles, responsibilities, and authorities.
SEC. 1603. Report on enhancements to the Global Positioning System Operational Control Segment.
(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that identifies whether the current Global Positioning System Operational Control Segment (OCS) can be incrementally improved to achieve capabilities similar to the Next Generation Operational Control Segment (OCX) used to operate the Global Positioning System III.
(b) Elements.—The report required under subsection (a) shall include the following elements:
(1) A cybersecurity review of both OCS and OCX to determine the specific cybersecurity improvements needed to operate the system through 2030, including—
(A) the cybersecurity improvements to OCS needed to match the cybersecurity capabilities that OCX is intended to provide;
(2) An incremental development plan for OCS, including—
(3) The date by which the Department of Defense would have to begin contracting for each incremental OCS upgrade to ensure availability of OCS for the Global Positioning System III.
(4) A comparison of current improvements to OCS that are underway, and additional OCS incremental improvements described under paragraph 2, to the program of record OCX capabilities, including—
SEC. 1604. Streamline of commercial space launch operations.
Section 1617 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–92; 129 Stat. 1106; 51 U.S.C. 50918 note) is amended—
(1) in subsection (c)—
(B) by inserting after paragraph (1) the following new paragraph (2):
“(2) STREAMLINING.—
“(A) IN GENERAL.—With respect to any licensed activity under chapter 509 of title 51, United States Code, the Secretary of Defense may not impose any requirement on a licensee or transferee that is duplicative of, or overlaps in intent with, any requirement imposed by the Secretary of Transportation under that chapter.
(2) by adding at the end the following new subsection:
“(d) Effect of law.—Nothing in this section limits the ability of the Secretary of Defense to consult with the Secretary of Transportation with respect to requirements and approvals under chapter 509 of title 51, United States Code.”.
SEC. 1605. Reusable launch vehicles.
(a) Reusability.—The Evolved Expendable Launch Vehicle Program shall be designated as the “National Security Space Launch Program”.
(b) Reference to Evolved Expendable Launch Vehicle Program.—Any reference in any law, regulation, guidance, instruction, map, document, record, or other paper of the United States to the Evolved Expendable Launch Vehicle Program shall be deemed to be a reference to the National Security Space Launch Program.
(c) Policy.—In carrying out the policy set forth in section 2273 of title 10, United States Code, the Secretary of Defense shall pursue a strategy that includes fully or partially reusable launch systems.
(d) Certification strategy.—The Secretary shall continue to develop a process to evaluate and certify launch vehicles using previously flown components or systems for national security space launch.
(e) Reporting requirement.—Not less than 60 days before the date on which a solicitation for procurement of space launch services is issued, the Secretary shall submit to the congressional defense committees a report that sets forth—
SEC. 1606. Review of and report on activities of International Space Station.
(a) In general.—Not later than March 1, 2019, the Secretary of Defense shall—
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.
(a) Framework required.—
(1) IN GENERAL.—In accordance with section 105 of the National Security Act of 1947 (50 U.S.C. 3038), section 193 of title 10, United States Code, and section 1018 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 3023 note), the Secretary of Defense shall develop and codify in policy a framework and supporting processes within the Department of Defense to help ensure that the missions, roles, and functions of the Combat Support Agencies (CSA) of the Department of Defense that are also elements of the intelligence community (IC), and other intelligence components of the Department, are appropriately balanced and resourced.
(b) Elements.—The framework required by subsection (a) shall include the following:
(1) A lexicon of relevant terms used by the Department of Defense to ensure consistent definitions are used in determinations about the balance described in subsection (a)(1), which lexicon shall reconcile and codify jointly-used definitions.
(2) A reevaluation of the intelligence components of the Department, including the Joint Intelligence Centers and Joint Intelligence Operations Centers within the combatant commands, in order to determine which components should be formally designated as part of the intelligence community and any components not so designated conform to relevant tradecraft standards.
(3) A repeatable Department process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently or to be performed by elements described in subsection (a)(1), which process shall include the following:
(A) A justification for any proposed addition, transfer, or elimination of a mission, role, or function.
(B) The identification of the elements in the Federal Government, if any, that currently perform the mission, role, or function concerned.
(C) For any proposed addition of a mission, role, or function, an assessment of the most appropriate element of the Department to assume it, taking into account current resource profiles, scope of existing responsibilities, primary customers, and infrastructure necessary to support the addition.
(c) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate committees of Congress a briefing on the framework required by subsection (a).
(d) Policy.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the policy that codifies the framework required by subsection (a).
SEC. 1621. Policy of the United States on cyberspace, cybersecurity, cyber warfare, and cyber deterrence.
(a) In general.—It shall be the policy of the United States, with respect to matters pertaining to cyberspace, cybersecurity, and cyber warfare, that the United States should employ all instruments of national power, including the use of offensive cyber capabilities, to deter if possible, and respond when necessary, to any and all cyber attacks or other malicious cyber activities that target United States interests with the intent to—
(2) significantly disrupt the normal functioning of United States democratic society or government (including attacks against critical infrastructure that could damage systems used to provide key services to the public or government);
(b) Response options.—In carrying out the policy set forth in subsection (a), the United States shall plan, develop, and demonstrate response options to address the full range of potential cyber attacks on United States interests that could be conducted by potential adversaries of the United States.
(c) Denial options.—In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall, to the greatest extent practicable, prioritize the defensibility and resiliency against cyber attacks and malicious cyber activities described in subsection (a) of infrastructure critical to the political integrity, economic security, and national security of the United States.
(d) Cost-imposition options.—In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall develop and demonstrate, or otherwise make known to adversaries of the existence of, cyber capabilities to impose costs on any foreign power targeting the United States or United States persons with a cyber attack or malicious cyber activity described in subsection (a).
(e) Multi-prong response.—In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall—
(1) devote immediate and sustained attention to boosting the cyber resilience of critical United States strike systems (including cyber, nuclear, and non-nuclear systems) in order to ensure the United States can credibly threaten to impose unacceptable costs in response to even the most sophisticated large-scale cyber attack;
(2) develop offensive cyber capabilities and specific plans and strategies to put at risk targets most valued by adversaries of the United States and their key decision makers;
(f) Policies relating to offensive cyber capabilities and sovereignty.—It is the policy of the United States that, when a cyber attack or malicious cyber activity transits or otherwise relies upon the networks or infrastructure of a third country—
(g) Authority of Secretary of Defense.—
(1) IN GENERAL.—The Secretary of Defense has the authority to develop, prepare, coordinate, and, when appropriately authorized to do so, conduct military cyber operations in response to cyber attacks and malicious cyber activities described in subsection (a) that are carried out against the United States or United States persons by a foreign power.
(2) DELEGATION OF ADDITIONAL AUTHORITIES.—The Secretary may delegate to the Commander of the United States Cyber Command such authorities of the Secretaries of the military departments, including authorities relating to manning, training, and equipping, that the Secretary considers appropriate.
(h) Foreign power defined.—In this section, the term “foreign power” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 1622. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace.
Section 130g of title 10, United States Code, is amended—
(2) by adding at the end the following new subsections:
“(b) Affirmation of authority.— (1) Congress affirms that the Secretary of Defense may conduct military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the United States and allies and interests of the United States, including in response to malicious cyber activity carried out against the United States or a United States person by a foreign power.
“(2) Congress affirms that the authority referred to in paragraph (1) includes the conduct of military activities or operations in cyberspace short of war and in areas outside of named areas of conflict for the purpose of preparation of the environment, influence, force protection, and deterrence of hostilities, or counterterrorism operations involving the armed forces of the United States.
“(c) Clandestine activities or operations.—A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
“(d) Congressional oversight.—The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurring during the previous quarter during the quarterly briefing required by section 484 of this title.
“(e) Rule of construction.—Nothing in this section shall be construed to limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine activities or operations in cyberspace, or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541–1548), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or reporting of sensitive military cyber activities or operations required by section 130j of this title.
“(f) Definitions.—In this section:
“(1) The term ‘clandestine military activity or operation in cyberspace’ means a military activity or operation carried out in cyberspace, or associated preparatory actions, authorized by the President or the Secretary that—
“(A) is marked by, held in, or conducted with secrecy, where the intent is that the activity or operation will not be apparent or acknowledged publicly; and
“(B) is to be carried out—
“(i) as part of a military operation plan approved by the President or the Secretary in anticipation of hostilities or as directed by the President or the Secretary against—
“(2) The term ‘foreign power’ has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 1623. Active defense and surveillance against Russian Federation attacks in cyberspace.
(a) Authority to disrupt, defeat, and deter cyber attacks.—
(1) IN GENERAL.—In the event that the National Command Authority determines that the Russian Federation is conducting an active, systematic, and ongoing campaign of attacks against the government or people of the United States in cyberspace, the National Command Authority may authorize the Commander of the United States Cyber Command, acting through the Cyber Mission Forces assigned to the United States Cyber Command, to take appropriate and proportional action in cyberspace to disrupt, defeat, and deter such attacks under the authority and policy of the Secretary of Defense to conduct cyber operations and information operations as traditional military activities.
(2) NOTIFICATION AND REPORTING.—
(A) NOTIFICATION OF OPERATIONS.—IN exercising the authority provided in paragraph (1), the Secretary shall provide notices to the congressional defense committees in accordance with section 130(f) of title 10, United States Code.
(B) QUARTERLY REPORTS BY COMMANDER OF THE UNITED STATES CYBER COMMAND.—
(i) IN GENERAL.—In any fiscal year in which the Commander of the United States Cyber Command carries out an action under paragraph (1), the Secretary of Defense shall, not less frequently than quarterly, submit to the congressional defense committees a report on the actions of the Commander under such paragraph in such fiscal year.
(b) Surveillance.—
(1) IN GENERAL.—The Secretary of Defense, acting through the Commander of the United States Cyber Command and the cyber mission forces of such command, may conduct surveillance in networks outside the United States of personnel and organizations engaged at the behest or in support of the Russian Federation in—
(A) stealing and releasing confidential information from United States persons or supporting organizations who are campaigning for public office;
(B) generating and planting information and narratives, including the purchase of advertisements, in social and other media intended to mislead, sharpen social and political conflicts, or otherwise manipulate perceptions and opinions of the people of the United States;
(C) creating networks of subverted computers and associated false accounts on social media platforms for the purpose of spreading and amplifying the impact of information and narratives intended to mislead, sharpen social and political conflicts, or otherwise manipulate perceptions and opinions of the people of the United States; and
(2) PRIVATE SECTOR COOPERATION.—
(A) IN GENERAL.—The Secretary shall make arrangements, directly or through other government organizations, with private sector media representatives and organizations, including social media companies, on a voluntary basis, using the results of the surveillance under paragraph (1) to assist in the identification of such malicious individuals and organizations and associated false or counterfeit accounts created on social media platforms.
(B) SECURITY CLEARANCES.—In carrying out subparagraph (A), the Secretary may grant such security clearances to individuals of media organizations as the Secretary considers necessary and appropriate to share evidence that supports the Secretary’s conclusions regarding the individuals and organizations engaged in the activities described in paragraph (1).
(c) Annual report.—Not less frequently than once each year, the Secretary shall submit to the congressional defense committees and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) a report on—
(1) the scope and intensity of the Russian Federation's information operations and attacks through cyberspace against the government or people of the United States observed by the cyber mission forces of the United States Cyber Command and the National Security Agency;
SEC. 1624. Reorganization and consolidation of certain cyber provisions.
(b) Conforming amendment.—Section 108(m) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1507(m)) is amended by striking “under section 130g” and inserting “under section 394”.
(c) Clerical amendments.— (1) The table of sections at the beginning of chapter 3 of title 10, United States Code, is amended by striking the items relating to sections 130g, 130j, and 130k.
(2) The table of sections at the beginning of chapter 19 of such title is amended by adding at the end the following new items:
“394. Authorities concerning military cyber operations.
“395. Notification requirements for sensitive military cyber operations.
“396. Notification requirements for cyber weapons.”.
SEC. 1625. Designation of official for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense.
(a) Designation of integrating official.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate one official to be responsible for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense.
(b) Responsibilities.—The official designated pursuant to subsection (a) shall be responsible for matters described in such subsection at all levels of command, from the Department to the facility using industrial control systems, including developing Department-wide certification standards for integration of industrial control systems and taking into consideration frameworks set forth by the National Institute of Standards and Technology for the cybersecurity of such systems.
SEC. 1626. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.
(a) Dissemination of cybersecurity resources.—
(1) IN GENERAL.—The Under Secretary of Defense for Research and Engineering, in consultation with the Director of the National Institute of Standards and Technology, shall take such actions as may be necessary to enhance awareness of cybersecurity threats among small manufacturers in the defense industrial supply chain.
(2) PRIORITY.—The Under Secretary of Defense for Research and Engineering shall prioritize efforts to increase awareness to help reduce cybersecurity risks faced by small manufacturers described in paragraph (1).
(b) Voluntary cybersecurity self-assessments.—The Under Secretary of Defense for Research and Engineering shall develop mechanisms to provide assistance to help small manufacturers conduct voluntary self-assessments in order to understand operating environments, cybersecurity requirements, and existing vulnerabilities, including through the Mentor Protégé Program, small business programs, and engagements with defense laboratories and test ranges.
(c) Transfer of research findings and expertise.—
(1) IN GENERAL.—The Under Secretary of Defense for Research and Engineering shall promote the transfer of appropriate technology and techniques developed in the Department of Defense to small manufacturers throughout the United States to implement security measures that are adequate to protect covered defense information, including controlled unclassified information.
(2) COORDINATION WITH OTHER FEDERAL EXPERTISE AND CAPABILITIES.—The Under Secretary of Defense for Research and Engineering shall coordinate efforts, when appropriate, with the expertise and capabilities that exist in Federal agencies and federally sponsored laboratories.
(3) AGREEMENTS.—In carrying out this subsection, the Under Secretary of Defense for Research and Engineering may enter into agreements with private industry, institutes of higher education, or a State, United States territory, local, or tribal government to ensure breadth and depth of coverage to the United States defense industrial base and to leverage resources.
(d) Defense acquisition workforce cyber training program.—The Secretary of Defense shall establish a cyber counseling certification program, or approve a similar existing program, to certify small business professionals and other relevant acquisition staff within the Department of Defense to provide cyber planning assistance to small manufacturers in the defense industrial supply chain.
(e) Authorities.—In executing this program, the Secretary may use the following authorities:
(1) The Manufacturing Technology Program established under section 2521 of title 10, United States Code.
(2) The Centers for Science, Technology, and Engineering Partnership program under section 2368 of title 10, United States Code.
(f) Definitions.—In this section:
(1) RESOURCES.—The term “resources” means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.
(2) SMALL BUSINESS CONCERN.—The term “small business concern” means a small business concern as that term is used in section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 1627. Modification of acquisition authority of the Commander of the United States Cyber Command.
(a) Modification of limitation on use of Cyber operations procurement fund.—Subsection (e) of section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) is amended—
SEC. 1628. Email and Internet website security and authentication.
(a) Implementation of plan required.—Except as provided by subsection (b), the Secretary of Defense shall develop and implement the plan outlined in Binding Operational Directive 18–01, issued by the Secretary of Homeland Security on October 16, 2017, relating to email security and authentication and Internet website security, according to the schedule established by the Binding Operational Directive for the rest of the Executive Branch beginning with the date of enactment of this Act.
(b) Elements.—The actions required of the Secretary of Defense under subsection (a) include the following:
(c) Waiver.—The Secretary may waive the requirements of subsection (a) if the Secretary submits to the congressional defense committees a certification that existing or planned security measures for the Department of Defense either meet or exceed the information security requirements of Binding Operational Directive 18–01.
(d) Future binding operational directives.—The Chief Information Officer of the Department of Defense shall notify the congressional defense committees within 180 days of the issuance by the Secretary of Homeland Security after the date of the enactment of this Act of any Binding Operational Directive for cybersecurity whether the Department of Defense will comply with the Directive or how the Department of Defense plans to meet or exceed the security objectives of the Directive.
SEC. 1629. Matters pertaining to the Sharkseer cybersecurity program.
(a) Transfer of program.—Not later than March 1, 2019, the Secretary of Defense shall transfer the Sharkseer cybersecurity program from the National Security Agency to the Defense Information Systems Agency, including all associated funding and, as the Secretary considers necessary, personnel.
(b) Limitation on funding for the Information Systems Security Program.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for research, development, test, and evaluation for the Information Systems Security Program for the National Security Agency, not more than 90 percent may be obligated or expended unless the Principal Cyber Advisor certifies to the congressional defense committees that the operations and maintenance funding for the Sharkseer program for fiscal year 2019 and the subsequent fiscal years of the current Future Years Defense Program are available or programmed.
(c) Sharkseer break and inspect capability.—
(1) IN GENERAL.—The Secretary of Defense shall ensure that the decryption capability described in section 1636 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) is provided by the break and inspect subsystem of the Sharkseer cybersecurity program, unless the Principal Cyber Advisor notifies the congressional defense committees on or before the date that is 90 days after the date of the enactment of this Act that a superior enterprise solution will be operational before October 1, 2019.
(d) Visibility to endpoints.—The Secretary shall take such actions as are necessary to enable, by October 1, 2020, the Sharkseer cybersecurity program and computer network defense service providers to instantly and automatically determine the specific identity and location of computer hosts and other endpoints that received or sent malware detected by the Sharkseer cybersecurity program or other network perimeter defenses.
(e) Sandbox as a service.—The Secretary shall use the Sharkseer cybersecurity program sandbox-as-a-service capability as an enterprise solution and terminate all other such projects, unless the Principal Cyber Advisor notifies the congressional defense committees on or before the date that is 90 days after the date of the enactment of this Act that a superior enterprise solution will be operational before October 1, 2019.
(f) Authorization of appropriations for bandwidth expansion.—There is authorized to be appropriated $20,000,000 for procurement, defense-wide, for the Defense Information Systems Agency to increase the bandwidth of the Sharkseer cybersecurity program to match the bandwidth of communications entering the Internet access points of the Department of Defense.
SEC. 1630. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure.
(a) Pilot program required.—
(1) IN GENERAL.—The Assistant Secretary of Defense for Homeland Defense and Global Security shall carry out a pilot program that uses the results of research exercises of local government, industry, and military responses to combined natural disasters and cyber attacks on critical infrastructure in order to identify and develop means of improving such responses to such combined disasters and attacks.
(b) Purpose.—The purpose of the pilot program shall be to accomplish the following:
(1) The development and demonstration of risk analysis methodologies, and the application of commercial simulation and modeling capabilities, based on artificial intelligence and hyperscale cloud computing technologies, for use by the Federal Governments, States, and localities, as applicable—
(A) to assess defense critical infrastructure vulnerabilities and interdependencies to improve military resiliency;
(2) The development and demonstration of the foundations for establishing and maintaining a program of record for a shared high-fidelity, interactive, affordable, cloud-based modeling and simulation of critical infrastructure systems and incident response capabilities that can simulate complex cyber and physical attacks and disruptions on individual and multiple sectors on national, regional, State, and local scales.
(c) Report.—
(1) IN GENERAL.—At the same time the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Assistant Secretary shall, in consultation with the Secretary of Homeland Security, submit to the congressional defense committees a report on the pilot program.
(2) CONTENTS.—The report required by paragraph (1) shall include the following:
(A) A description of the results of the exercises described in subsection (a)(3) and any other exercises conducted as part of the pilot program as of the date of the report.
(B) A list of the cybersecurity units of the National Guard and Reserves, and a description and assessment of the progress of the Assistant Secretary and the National Governors’ Association in promoting multi-State mutual assistance compacts to share resources with respect to combined natural disaster and cyber attacks described in subsection (a)(1) as well as an assessment of how the National Guard's ability to operate under dual jurisdictions and their existing relationships at the State and local level could be used in these types of events.
(C) A description of the risk analysis methodologies and modeling and simulation capabilities developed and demonstrated pursuant to the pilot program, and an assessment of the potential for future growth of commercial technology in support of the homeland defense mission of the Department of Defense.
(D) Such recommendations as the Secretary considers appropriate regarding the establishment of a program of record for the Department on further development and sustainment of risk analysis methodologies and advanced, large-scale modeling and simulation on critical infrastructure and cyber warfare.
SEC. 1631. Security product integration framework.
(a) Findings.—Congress makes the following findings:
(1) The Department of Defense requires a standard, enterprise-wide, security product integration framework (SPIF) that provides a machine-to-machine data exchange architecture and protocol to achieve interoperability and automated orchestration and coordinated action between and among cybersecurity services, devices, appliances, agents, applications, tools, and command and control centers.
(2) Information security products and services need to be engineered to consume and act on information, direction, and cues from other security elements on a network through this framework.
(b) Demonstration program.—The Principal Cyber Adviser, the Chief Information Officer, and the Commander of the United States Cyber Command shall select a network or network segment and associated computer network defense service provider to conduct a demonstration and evaluation of one or more existing security product integration frameworks, including modifying network security systems to enable such systems to ingest, publish, subscribe, tip and cue, and request information or services from each other.
SEC. 1632. Report on enhancement of software security for critical systems.
(a) Report required.—Not later than March 1, 2019, the Principal Cyber Adviser to the Secretary of Defense and the Chief Information Officer of the Department of Defense shall jointly submit to the congressional defense committees a report on a study, based on the authorities specified in subsection (b), on the costs, benefits, technical merits, and other merits of applying the technology described in subsection (c) to the vulnerability assessment and remediation of the following:
(b) Basis for conduct of study.—The study required for purposes of subsection (a) shall be conducted pursuant to the following:
(1) Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
(2) Section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note).
(3) Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
(c) Technologies.—The technologies described in this subsection are the following:
(1) Technology developed and used by Combat Support Agencies of the Department of Defense to discover flaws and weaknesses in software code by inputting immense quantities of pseudo-random data (commonly referred to as “fuzz”) to identify inputs that cause the software to fail.
(2) Cloud-based software fuzzing-as-a-service to continuously test the security of Department of Defense software repositories at large scale.
SEC. 1633. Comply to connect and cybersecurity scorecard.
(a) Limitation.—After October 1, 2019, no funds may be obligated or expended to prepare the cybersecurity scorecard for the Secretary of Defense unless the Department of Defense is implementing a funded capability to meet the requirements—
(1) established by the Chief Information Officer and the Commander of United States Cyber Command pursuant to section 1653 of the National Defense Authorization for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note); and
(b) Report.—Not later than January 10, 2019, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report comparing the current capabilities of the Department of Defense to—
(c) Risk thresholds.—The Chief Information Officer of the Department of Defense, in coordination with the Principal Cyber Advisor, the Director of Operations of the Joint Staff, and the Commander of United States Cyber Command, shall establish risk thresholds for systems and network operations that, when exceeded, would trigger heightened security measures, such as enhanced monitoring and access policy changes.
(d) Enterprise governance, risk, and compliance plan.—Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Principal Cyber Advisor shall develop a plan to implement an enterprise governance, risk, and compliance platform and process to maintain current status of all information and operational technology assets, vulnerabilities, threats, and mitigations.
SEC. 1634. Cyberspace Solarium Commission.
(a) Establishment.—
(b) Membership.—
(1) COMPOSITION.— (A) Subject to subparagraph (B), the Commission shall be composed of 13 members, as follows:
(iv) Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.
(v) Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be.
(vi) Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.
(vii) Two members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and one of whom shall not be.
(B) (i) The members of the Commission who are not members of Congress and who are appointed under clauses (iv) through (vii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
(IV) the implementation, funding, or oversight of the national security policies of the United States.
(c) Appointment; initial meeting.—
(d) Meetings; quorum; vacancies.—
(1) IN GENERAL.—After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.
(2) QUORUM.—Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.
(e) Actions of Commission.—
(1) IN GENERAL.—The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
(2) PANELS.—The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
(f) Duties.—The duties of the Commission are as follows:
(1) To weigh the costs and benefits of various strategic options to reach the goal of protecting the advantages described in subsection (a)(1), including the political system of the United States, the national security industrial sector of the United States, and the innovation base of the United States. The options to be assessed should include deterrence, norms-based regimes, and cyber persistence.
(2) To review adversarial strategies and intentions, current programs for the protection of advantages described in subsection (a)(1), and the capabilities of the Federal Government to understand if and how adversaries are currently being deterred or thwarted in their aims and ambitions.
(g) Powers of Commission.—
(1) IN GENERAL.— (A) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section—
(i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and
(ii) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.
(B) Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.
(C) The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192–194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.
(2) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.
(3) INFORMATION FROM FEDERAL AGENCIES.— (A) The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title.
(4) ASSISTANCE FROM FEDERAL AGENCIES.— (A) The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title.
(B) The Director of National Intelligence may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request.
(C) In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
(D) The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary for the fulfillment of the duties of the Commission under this title, including the provision of full and current briefings and analyses.
(5) PROHIBITION ON WITHHOLDING INFORMATION.—No department or agency of the Government may withhold information from the Commission on the grounds that providing the information to the Commission would constitute the unauthorized disclosure of classified information or information relating to intelligence sources or methods.
(h) Staff of Commission.—
(1) IN GENERAL.— (A) The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.
(2) CONSULTANT SERVICES.— (A) The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
(i) Compensation and travel expenses.—
(1) COMPENSATION.— (A) Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.
(2) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
(j) Treatment of information relating to national security.—
(1) IN GENERAL.— (A) The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title.
(2) ACCESS AFTER TERMINATION OF COMMISSION.—Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
(k) Final report; termination.—
(1) FINAL REPORT.—Not later than September 1, 2019, the Commission shall submit to the congressional defense committees, the congressional intelligence committees, the Director of National Intelligence, and the Secretary of Defense, and the Secretary of Homeland Security a final report on the findings of the Commission.
(l) Assessments of final report.—Not later than 60 days after receipt of the final report under subsection (k)(1), the Director of National Intelligence and the Secretary of Defense shall each submit to the congressional intelligence committees and the congressional defense committees an assessment by the Director or the Secretary, as the case may be, of the final report. Each assessment shall include such comments on the findings and recommendations contained in the final report as the Director or Secretary, as the case may be, considers appropriate.
(m) Inapplicability of certain administrative provisions.—
(n) Funding.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $4,000,000 to carry out this section.
SEC. 1635. Program to establish cyber institutes at institutions of higher learning.
(a) Program authorized.—The Secretary of Defense may carry out a program to establish a Cyber Institute at institutions of higher learning selected under subsection (b) for purposes of accelerating and focusing the development of foundational expertise in critical cyber operational skills for future military and civilian leaders of the Armed Forces and the Department of Defense, including such leaders of the reserve components.
(b) Selected institutions of higher learning.—
(c) Elements.—Each institute established under the program authorized by subsection (a) shall include the following:
(1) Programs to provide future military and civilian leaders of the Armed Forces or the Department of Defense who possess cyber operational expertise from beginning through advanced skill levels. Such programs shall include instruction and practical experiences that lead to recognized certifications and degrees in the cyber field.
(2) Programs of targeted strategic foreign language proficiency training for such future leaders that—
(3) Programs related to mathematical foundations of cryptography and courses in cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.
(4) Programs related to data science and courses in data science theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.
(d) Partnerships with Department of Defense and the Armed Forces.—Any institute established under the program authorized by subsection (a) may enter into a partnership with one or more components of the Armed Forces, active or reserve, or any agency of the Department of Defense to facilitate the development of critical cyber skills for students who may pursue a military career.
SEC. 1636. Establishment of Cybersecurity for Defense Industrial Base Manufacturing Activity.
(a) Establishment.—
(b) Activities.—If the Secretary of Defense exercises the authority under subsection (a), the Secretary shall utilize the activity to explore ways to increase the cybersecurity resilience of the defense industrial supply chain. Such exploration may include the following:
(1) Developing cybersecurity test capabilities to support identifying and reducing security vulnerabilities (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) in defense industrial base manufacturing processes.
(2) Developing in-person and online training to help small defense industrial base manufacturers improve their cybersecurity.
In this part:
(1) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—The term “appropriate committees of Congress” means—
SEC. 1638. Identification of countries of concern regarding cybersecurity.
(a) Identification of countries of concern.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall create a prioritized list of countries of concern regarding cybersecurity based on information relating to the following:
(1) A foreign government’s engagement in acts of violence against personnel of the United States or coalition forces.
(2) A foreign government’s willingness and record of providing financing, logistics, training or intelligence to other persons, countries or entities posing a force protection or cybersecurity risk to the personnel, financial systems, critical infrastructure, or information systems of the United States or coalition forces.
SEC. 1639. Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign governments.
(a) Disclosure required.—The Department of Defense may not use a product, service, or system relating to information or operational technology, cybersecurity, an industrial control system, a weapons system, or computer antivirus provided by a person unless that person discloses to the Secretary of Defense the following:
(1) Whether the person has allowed a foreign government to review or access the code of a product, system, or service custom-developed for the Department, or is under any obligation to allow a foreign person or government to review or access the code of a product, system, or service custom-developed for the Department as a condition of entering into an agreement for sale or other transaction with a foreign government or with a foreign person on behalf of such a government.
(2) Whether the person has allowed a foreign government listed in section 1638(a) to review or access the source code of a product, system, or service that the Department is using or intends to use, or is under any obligation to allow a foreign person or government to review or access the source code of a product, system, or service that the Department is using or intends to use as a condition of entering into an agreement for sale or other transaction with a foreign government or with a foreign person on behalf of such a government.
(3) In a case in which the person is a United States person or an affiliate of a United States person, whether or not the person holds or has sought a license pursuant to the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, for information technology products, components, software, or services that contain code custom-developed for the product, system, or service the Department is using or intends to use.
(b) Post procurement.—Procurement contracts for covered products or systems shall include a clause requiring the information contained in subsection (a) be disclosed during the period of the contract if an entity becomes aware of information requiring disclosure as per that section, including any mitigation measures taken or anticipated.
(c) Mitigation of risks.—
(1) IN GENERAL.—If, after reviewing a disclosure made by a person under subsection (a), the Secretary determines that the disclosure relating to a product, system, or service entails a risk to the national security infrastructure or data of the United States, or any national security system under the control of the Department, the Secretary shall take such measures as the Secretary considers appropriate to mitigate such risks, including, as the Secretary considers appropriate, by conditioning any agreement for the use, procurement, or acquisition of the product, system, or service on the inclusion of enforceable conditions or requirements that would mitigate such risks.
(2) THIRD-PARTY TESTING STANDARD.—Not later than two years after the date of the enactment of this Act the Secretary shall develop such third-party testing standard as the Secretary considers acceptable for commercial off the shelf (COTS) products, systems, or services to use when dealing with foreign governments.
(d) Exemption of disclosures from Freedom of Information Act.—A disclosure under subsection (a) shall not be subject to section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), or any other similar provision of Federal or State law requiring the disclosure of information to the public.
SEC. 1640. Establishment of registry of disclosures.
(a) Establishment of registry.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
(b) Exemption of registry from Freedom of Information Act.—The contents of the registry established under subsection (a)(1) shall not be subject to section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), or any other similar provision of Federal or State law requiring the disclosure of information to the public.
(c) Annual reports.—Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report detailing the number, scope, product classifications, and mitigation agreements related to each product, system, and service for which a disclosure is made under section 1639(a).
SEC. 1641. Oversight and management of the command, control, and communications system for the national leadership of the United States.
(a) Designation of responsible individual.—
(1) IN GENERAL.—The Secretary of Defense shall designate a single individual to be responsible for oversight and strategic portfolio management of the command, control, and communications system for the national leadership of the United States (as defined in section 171a of title 10, United States Code), including—
(2) AUTHORITIES.—Subject to the authority and direction of the Secretary, the individual designated under paragraph (1) shall have the authority to direct the Secretaries of the military departments and officials in the Office of the Secretary of Defense with respect to matters described in paragraph (1), including—
(A) playing a significant and directive role in the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, including the authority to realign the elements of the budgets and budget requests of the military departments that relate to the matters described in paragraph (1);
(3) CHAIRPERSON OF COUNCIL ON OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.—The individual designated under paragraph (1) shall serve as the Chairperson of the Council on Oversight of the National Leadership Command, Control, and Communications System established under section 171a of title 10, United States Code.
(4) STAFF.—The individual designated under paragraph (1) shall have sufficient dedicated full-time personnel to carry out the responsibilities of that individual under this subsection and as Chairperson of the Council on Oversight of the National Leadership Command, Control, and Communications System.
(b) Modifications to Council on Oversight of the National Leadership Command, Control, and Communications System.—
(2) CHAIRPERSON.—Subsection (c) of such section is amended to read as follows:
“(c) Chairperson.—The Chairperson of the Council (in this section referred to as the ‘Chairperson’) shall be the individual designated by the Secretary of Defense under section 1641(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 as responsible for oversight and strategic portfolio management of the command, control, and communications system for the national leadership of the United States.”.
(3) RESPONSIBILITIES.—Subsection (d) of such section is amended—
(4) ANNUAL REPORTS.—Subsection (e) of such section is amended, in the matter preceding paragraph (1), by striking “the Council shall” and inserting “the Chairperson shall”.
(5) COLLECTION OF ASSESSMENTS ON CERTAIN THREATS.—Subsection (f) of such section is amended by striking “The Council shall” and inserting “The Chairperson shall, in consultation with the Council,”.
(6) BUDGET AND FUNDING MATTERS.—Subsection (g) of such section is amended—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “the Chairman of the Joint Chiefs of Staff” and inserting “the Chairperson”;
(7) REPORTS ON SPACE ARCHITECTURE DEVELOPMENT.—Subsection (i)(1) of such section is amended by striking “the Under Secretary of Defense for Acquisitions, Technology, and Logistics” and inserting “the Chairperson”.
(8) NOTIFICATION OF REDUCTION OF CERTAIN WARNING TIME.—Subsection (j)(2) of such section is amended—
SEC. 1642. Modification to requirement for conventional long-range standoff weapon.
(a) In general.—Section 217(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706) is amended—
SEC. 1643. Exchange program for nuclear weapons program employees.
(a) Program authorized.—The Chairman of the Nuclear Weapons Council established under section 179 of title 10, United States Code, and the Administrator for Nuclear Security, shall jointly establish an exchange program under which—
(1) the Chairman shall arrange for the temporary assignment of civilian and military personnel working on nuclear weapons policy, production, and force structure issues in the Office of the Secretary of Defense, the Joint Staff, the Navy, or the Air Force to the Office of the Deputy Administrator for Defense Programs in the National Nuclear Security Administration; and
(b) Purposes.—The purposes of the exchange program established under subsection (a) are—
(1) to familiarize personnel from the Department of Defense and the National Nuclear Security Administration with the equities, priorities, processes, culture, and employees of the other agency;
(c) Participants.—
(1) NUMBER OF PARTICIPANTS.—The Chairman and the Administrator shall each select not fewer than 5 and not more than 10 participants per year for participation in the exchange program established under subsection (a). The Chairman and the Administrator may determine how many participants to select under this paragraph without regard to the number of participants selected from the other agency.
(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 Chairman and the Administrator. Such terms may begin and end on a rolling basis.
(e) Guidance and implementation.—
SEC. 1644. Procurement authority for certain parts of intercontinental ballistic missile fuzes.
(a) Availability of funds.—Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in division D, $9,841,000 shall be available for the procurement of covered parts pursuant to contracts entered into under section 1645(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651).
SEC. 1645. Plan to train officers in nuclear command, control, and communications.
(a) In general.—The Secretary of Defense shall, in consultation with the Secretary of the Air Force, the Secretary of the Navy, and the Chairman of the Joint Chiefs of Staff, develop a plan to train, educate, manage, and track officers of the Armed Forces in nuclear command, control, and communications.
SEC. 1646. Plan for alignment of acquisition of warhead life extension programs and delivery vehicles for such warheads.
Not later than February 15, 2019, the Chairman of the Nuclear Weapons Council established under section 179 of title 10, United States Code, shall submit to the congressional defense committees a plan containing a proposal for better aligning the acquisition of warhead life extension programs by the National Nuclear Security Administration with the acquisition of the planned delivery vehicles for such warheads by the Department of Defense.
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.
Section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most recently amended by section 1665 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended in subsection (a)(1) by striking “2019” and inserting “2024”.
SEC. 1648. Prohibition on use of funds for activities to modify United States aircraft to implement Open Skies Treaty.
(a) In general.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and engineering or aircraft procurement, Air Force, for the digital visual imaging system may be obligated or expended to carry out any activities to modify any United States aircraft for purposes of implementing the Open Skies Treaty until—
(1) the Secretary of Defense submits to the appropriate congressional committees the certification described in paragraph (2) of section 1235(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and
SEC. 1649. Sense of Senate on Nuclear Posture Review.
(a) Findings.—Congress makes the following findings:
(1) Secretary of Defense James Mattis said in his opening statement before the Committee on Armed Services of the House of Representatives on February 6, 2018, “Maintaining an effective nuclear deterrent is much less expensive than fighting a war that we were unable to deter.”.
(2) In the same statement, Secretary Mattis said, “Recapitalizing the nuclear weapons complex of laboratories and plants is also long past due … Due to consistent underfunding, significant and sustained investments will be required over the coming decade to ensure that the National Nuclear Security Administration will be able to deliver at the rate needed to support nuclear deterrence into the 2030s and beyond.”.
(3) Former Secretary of Defense Ash Carter recently wrote that “it is essential to recapitalize the nuclear Triad, because it is the bedrock of deterrence. During the past 25 years, the United States has made no major new investments in its nuclear forces, yet other countries have conducted vigorous buildups. This history does not support the contention that U.S. investments fuel the nuclear programs of others. My views are reflected in the latest Nuclear Posture Review.”.
(4) Former Under Secretary of Defense for Policy Jim Miller recently wrote, “Secretary of Defense Jim Mattis’s 2018 Nuclear Posture Review offers continuity with past U.S. policy and plans, including those in the 2010 NPR. It deserves broad bipartisan support.”.
(5) The Foreign Minister of Japan, Taro Kono, said in a statement on February 3, 2018, “Japan highly appreciates the latest NPR which clearly articulates the U.S. resolve to ensure the effectiveness of its deterrence and its commitment to providing extended deterrence to its allies including Japan, in light of the international security environment which has been rapidly worsened since the release of the previous 2010 NPR, in particular, by continued development of North Korea’s nuclear and missile programs.”.
(b) Sense of the Senate.—It is the sense of the Senate that—
(1) the 2018 Nuclear Posture Review is a measured and appropriate response to the current security environment, taking into account the developments in other nuclear weapons states such as the People's Republic of China and the Russian Federation and the return to great power competition as identified by two successive Secretaries of Defense and outlined in the 2018 National Defense Strategy;
(2) Congress should fully fund the complete nuclear modernization program of the Department of Defense, including the Columbia-class submarine, the Ground-Based Strategic Deterrent, the B–21 long-range bomber, the Long-Range Stand-Off weapon, the re-engining of the B–52H bomber, and dual-capable aircraft;
(3) the Department of Defense should organize itself appropriately to engineer, acquire, and operate nuclear command, control, and communications systems that are secure, reliable, and modernized;
(4) Congress should fully fund the National Nuclear Security Administration component of the nuclear modernization program, including—
(5) in order to execute the programs described in this subsection in the timely fashion required by the Nuclear Posture Review, the National Nuclear Security Administration must balance workload, improve management of large programs, and better integrate its acquisition programs with those of the Department of Defense;
(6) the United States maintains a steadfast commitment to the policy of extended deterrence in Europe and East Asia, and the nuclear modernization program will ensure that commitment remains credible;
(7) the United States should continue to honor long-held arms control, nonproliferation, and nuclear security commitments, and should seek to increase transparency and predictability through strategic dialogue, risk-reduction communication channels, and the sharing of best practices;
(8) when complied with by all parties, effective nuclear nonproliferation and arms control measures and agreements can support the security of the United States and countries that are allies or partners of the United States by—
(9) the United States should continue to affirm its commitments to arms control efforts that advance the security of the United States and countries that are allies or partners of the United States, and are verifiable and enforceable, including the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly known as the “New START Treaty”), which is in effect through February 2021, and with mutual agreement may be extended for up to five years.
SEC. 1651. Extension of prohibition relating to missile defense information and systems.
Section 130h(e) of title 10, United States Code, is amended by striking “January 1, 2019” and inserting “January 1, 2021”.
SEC. 1652. Multiyear procurement authority for Standard Missile–3 IB guided missiles.
(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of Defense may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of Standard Missile–3 Block IB guided missiles.
(b) Authority for advance procurement.—The Secretary may enter into one or more contracts for advance procurement associated with the missiles 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 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. 1653. Extension of requirement for reports on unfunded priorities of Missile Defense Agency.
Section 1696 of the National Defense Authorization Act for Fiscal Year 2017 (130 Stat. 2638; Public Law 114–328) is amended—
SEC. 1654. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.
(a) Iron Dome short-range rocket defense system.—
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $70,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States.
(2) CONDITIONS.—
(A) AGREEMENT.—Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors.
(B) CERTIFICATION.—Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Director of the Missile Defense Agency and the Under Secretary of Defense for Acquisition and Sustainment shall jointly submit to the appropriate congressional committees—
(b) Israeli Cooperative Missile Defense Program, David's Sling Weapon System co-production.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $50,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry.
(2) CERTIFICATION.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—
(A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System;
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier Interceptor Program co-production.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $80,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry.
(2) CERTIFICATION.—Except as provided by paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—
(A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreements for the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—
(i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production;
(3) WAIVER.—The Under Secretary may waive the certification required by paragraph (2) if the Under Secretary certifies to the appropriate congressional committees that the Under Secretary has received sufficient data from the Government of Israel to demonstrate—
(A) the funds specified in paragraph (1) are provided to Israel solely for funding the procurement of long-lead components and critical hardware in accordance with a production plan, including a funding profile detailing Israeli contributions for production, including long-lead production, of the Arrow 3 Upper Tier Interceptor Program;
(d) Number.—In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit—
(e) Timing.—The Under Secretary shall submit to the congressional defense committees the certifications under paragraph (2) of subsection (b) and paragraph (2) of subsection (c) by not later than 60 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel.
SEC. 1655. Metrics for evaluating effectiveness of integrated Ballistic Missile Defense System against operationally realistic ballistic missile attacks.
(a) Development of metrics required.—The Director of the Missile Defense Agency shall, in coordination with the Director of Operational Test and Evaluation, the Director of the Ballistic Missile Defense System Operational Test Agency, the Commander of the Joint Forces Combatant Command-Integrated Missile Defense, the service acquisition executives (as defined in section 101 of title 10, United States Code), and the commanders of the combatant commands, develop operationally relevant metrics for evaluating the effectiveness of the integrated Ballistic Missile Defense System (BMDS) and its components and elements against operationally realistic ballistic missile attacks into areas defended by United States combatant commands.
(b) Incorporation of metrics into annual reports.—Beginning in February 2019, the Director of the Missile Defense Agency shall incorporate the metrics developed under subsection (a) into the annual reports of the Director to the congressional defense committees, including an assessment of progress against such metrics on the acquisition baseline of the Missile Defense Agency.
(c) Limitation.—Of the funds authorized to be appropriated for fiscal year 2019 by this Act and available for the Command and Control, Battle Management and Communications (C2BMC) program, not more than 50 percent may be obligated or expended until the Director develops the metrics required by subsection (a).
SEC. 1656. Modification of requirement relating to transition of ballistic missile defense programs to military departments.
Section 1676(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by inserting “or equivalent approval” before the period at the end.
SEC. 1657. Sense of the Senate on acceleration of missile defense capabilities.
(a) Sense of the Senate.—It is the sense of the Senate that the Missile Defense Agency should—
(1) accelerate the fielding, if technically feasible, of the planned additional 20 ground-based interceptors with Redesigned Kill Vehicles (RKV) at Missile Field 4 at Fort Greely, Alaska, and to mate the Redesigned Kill Vehicles with the newest booster technology;
(2) weigh the rapid growth in missile and nuclear threats against the cost and risk of accelerating the Redesigned Kill Vehicle and the Multi-Object Kill Vehicle development and deployment;
(3) ensure, prior to its operational deployment, that the Redesigned Kill Vehicle has demonstrated the ability to accomplish its intended mission through a successful, operationally realistic flight test;
(4) rapidly develop and deploy a persistent, space-based sensor architecture to ensure our missile defenses are more effective against ballistic missile threats and more responsive to new and emergent threats from hypersonic and cruise missiles;
(b) Report.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on ways the Missile Defense Agency can accelerate the construction of Missile Field 4 at Fort Greely, Alaska, as well as the deployment of 20 ground-based interceptors with Redesigned Kill Vehicles (RKV) at such missile field, by at least one year.
(2) CONTENTS.—The report required by paragraph (1) shall include the following:
(A) A threat-based description of the benefits and risks of accelerating the construction and deployment referred to in paragraph (1).
(B) A description of the technical and acquisition risks and potential effects on the reliability of the Redesigned Kill Vehicle if deployment is accelerated as described in paragraph (1).
(C) A description of the cost implications of accelerating the construction and deployment referred to in paragraph (1).
(D) A description of the effect such acceleration would have on the Redesigned Kill Vehicle flight test schedule and the overall Integrated Master Test Plan.
(E) A description of the effect that the acceleration described in paragraph (1) would have on re-tipping currently deployed exoatmospheric kill vehicles with the Redesigned Kill Vehicle.
SEC. 1658. Integrated air and missile defense for evolving theater missile threats.
(a) Sense of the Senate.—It is the Sense of the Senate that—
(1) the United States should utilize regional missile defense assets to counter and deter against cruise, short-to-medium-range ballistic, and hypersonic missile threats;
(b) Report.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, if consistent with the direction or recommendations of the Missile Defense Review that commenced in 2017, the Secretary of Defense shall submit to the congressional defense committees a report on the Department’s plan for the creation of a fully interoperable and integrated air and missile defense architecture.
(2) ELEMENTS.—Elements of the report required by paragraph (1) are as follows:
(A) An intelligence assessment of cruise, short-to-medium-range ballistic, and hypersonic missile threats to the United States and its deployed forces.
(B) An examination of current United States capabilities to defeat the threats included in the report required by subparagraph (A) and an analysis of the existing capability and resource gaps.
SEC. 1659. Acceleration of hypersonic missile defense program.
(a) Acceleration of program.—The Director of the Missile Defense Agency shall accelerate the hypersonic missile defense program of the Missile Defense Agency.
(b) Deployment.—The Director shall deploy such program in conjunction with a persistent space-based missile defense sensor program.
(c) Report.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on how hypersonic missile defense can be accelerated to meet emerging hypersonic threats.
SEC. 1660. Sense of the Senate on allied partnerships for missile defense.
It is the sense of the Senate that—
(1) the United States should seek additional opportunities, at the tactical, operational, and strategic levels, to provide missile defense capabilities, doctrine, interoperability, and planning to allies and trusted partners of the United States;
SEC. 1660A. Sense of the Senate on results of tests carried out by Missile Defense Agency.
It is the sense of the Senate that—
(1) tests carried out by the Missile Defense Agency, which do not achieve an intercept or the main objective, should not be considered failures;
(2) the Missile Defense Agency—in an effort to deliver capabilities at the speed of relevance—should recognize the learning value of individual advancements made by all test events, rather than viewing any total outcome as an indication of the reliability of entire missile defense systems;
SEC. 1660B. Sense of the Senate on discrimination for missile defense.
(a) Sense of the Senate.—It is the sense of the Senate that prioritizing discrimination capabilities to improve missile defense effectiveness against current and future threats is critically important.
SEC. 1660C. Development and deployment of persistent space-based sensor architecture.
(a) Dissociation with ballistic missile defense review.—Subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “If consistent” and all that follows through “develop” and inserting “Not later than December 31, 2018, the Director of the Missile Defense Agency shall, in coordination with the Secretary of the Air Force and the Director of the Defense Advanced Research Projects Agency, commence developing”.
(b) Deployment deadline.—Such subsection is further amended—
(c) Compatibility with efforts of Defense Advanced Research Projects Agency.—Such section is amended—
(d) Report on progress.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, Secretary of Defense shall submit to the congressional defense committees a report on the progress of all efforts being made by the Missile Defense Agency, the Defense Advanced Research Projects Agency, and the Air Force relating to space-based sensing and tracking capabilities for missile defense and how each of such organizations will work together to avoid duplication of efforts.
SEC. 1660D. Modification of requirement to develop a space-based ballistic missile intercept layer.
(a) Dissociation with Ballistic Missile Defense Review.—Subsection (a) of section 1688 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended, in the matter before paragraph (1), by striking “If consistent” and all that follows through “the Director” and inserting “The Director”.
SEC. 1661. Assessment of electronic warfare capabilities of Russia and China.
(a) In general.—Not later than 270 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the congressional defense committees and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) country-wide assessments of the electronic warfare capabilities of the Russian Federation and the People's Republic of China.
SEC. 1662. Budget exhibit on support provided to entities outside Department of Defense.
(a) In general.—The Under Secretary of Defense (Comptroller) shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a single budget exhibit containing relevant details pertaining to support provided by the Department of Defense to the Executive Office of the President related to senior leader communications and continuity of government programs.
SEC. 1663. Development of Electromagnetic Battle Management capability for joint electromagnetic operations.
(a) Designation of executive agent.—Not later than 180 days after the date of the enactment of this Act, the Electronic Warfare Executive Committee shall designate a military service with the responsibility for acting as executive agent for the development of an Electromagnetic Battle Management capability for joint electromagnetic operations.
(b) Certification requirement.—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 shall include a certification from the Electronic Warfare Executive Committee whether sufficient funds have been budgeted for the development of an Electromagnetic Battle Management capability for joint electromagnetic operations.
This title may be cited as the “Foreign Investment Risk Review Modernization Act of 2018”.
(a) In general.—It is the sense of Congress that—
(1) foreign investment provides substantial economic benefits to the United States, including the promotion of economic growth, productivity, competitiveness, and job creation, and the majority of foreign investment transactions pose little or no risk to the national security of the United States, especially when those investments are truly passive in nature;
(2) maintaining the commitment of the United States to open and fair investment policy also encourages other countries to reciprocate and helps open new foreign markets for United States businesses and their products;
(3) it should continue to be the policy of the United States to enthusiastically welcome and support foreign investment, consistent with the protection of national security;
(4) at the same time, the national security landscape has shifted in recent years, and so has the nature of the investments that pose the greatest potential risk to national security, which warrants a modernization of the processes and authorities of the Committee on Foreign Investment in the United States and of the United States export control system;
(5) the Committee on Foreign Investment in the United States plays a critical role in protecting the national security of the United States, and, therefore, it is essential that the member agencies of the Committee are adequately resourced and able to hire appropriately qualified individuals in a timely manner, and that those individuals’ security clearances are processed as a high priority;
(6) the President should conduct a more robust international outreach effort to urge and help allies and partners of the United States to establish processes that parallel the Committee on Foreign Investment in the United States to screen foreign investments for national security risks and to facilitate coordination;
(7) the President should lead a collaborative effort with allies and partners of the United States to strengthen the multilateral export control regime to more effectively address the unprecedented industrial policies of certain countries of special concern, including aggressive efforts to acquire United States technology, and the blending of civil and military programs;
(8) any penalties imposed by the United States Government with respect to an individual or entity pursuant to a determination that the individual or entity has violated sanctions imposed by the United States or the export control laws of the United States should not be reversed for reasons unrelated to the national security of the United States; and
(b) Sense of Congress on consideration of covered transactions.—It is the sense of Congress that, when considering national security risks, the Committee on Foreign Investment in the United States may consider—
(1) whether a transaction involves a country of special concern that has a demonstrated or declared strategic goal of acquiring a type of critical technology or critical infrastructure that would affect United States technological and industrial leadership in areas related to national security;
(2) the potential national security-related effects of the cumulative market share of or a pattern of recent transactions in any one type of infrastructure, energy asset, critical material, or critical technology by foreign persons;
(3) whether any foreign person that would acquire an interest in a United States business or its assets as a result of a transaction has a history of complying with United States laws and regulations;
(4) the extent to which a transaction is likely to expose, either directly or indirectly, personally identifiable information, genetic information, or other sensitive data of United States citizens to access by a foreign government or foreign person that may exploit that information in a manner that threatens national security; and
(5) whether a transaction is likely to have the effect of exacerbating or creating new cybersecurity vulnerabilities in the United States or is likely to result in a foreign government gaining a significant new capability to engage in malicious cyber-enabled activities against the United States, including such activities designed to affect the outcome of any election for Federal office.
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended to read as follows:
“(a) Definitions.—In this section:
“(1) ACCESS.—The term ‘access’ means the ability and opportunity to obtain information, subject to regulations prescribed by the Committee.
“(2) COMMITTEE; CHAIRPERSON.—The terms ‘Committee’ and ‘chairperson’ mean the Committee on Foreign Investment in the United States and the chairperson thereof, respectively.
“(3) CONTROL.—The term ‘control’ means the power to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee.
“(4) COUNTRY OF SPECIAL CONCERN.—
“(5) COVERED TRANSACTION.—
“(B) TRANSACTIONS DESCRIBED.—A transaction described in this subparagraph is any of the following:
“(i) Any merger, acquisition, or takeover that is proposed or pending after August 23, 1988, by or with any foreign person that could result in foreign control of any United States business.
“(ii) Subject to subparagraph (C), the purchase or lease by a foreign person of, or a concession offered to a foreign person with respect to, private or public real estate that—
“(II) (aa) is, is located at, or will function as part of, a land, air, or maritime port; or
“(bb)(AA) is in close proximity to a United States military installation or another facility or property of the United States Government that is sensitive for reasons relating to national security;
“(BB) could reasonably provide the foreign person the ability to collect information on activities being conducted at such an installation, facility, or property; or
“(CC) could otherwise expose national security activities at such an installation, facility, or property to the risk of foreign surveillance; and
“(iii) Any other investment (other than a passive investment) by a foreign person in any United States critical technology company or United States critical infrastructure company that is unaffiliated with the foreign person, subject to regulations prescribed under subparagraph (C).
“(C) FURTHER DEFINITION THROUGH REGULATIONS.—
“(i) EXCEPTION FOR CERTAIN REAL ESTATE TRANSACTIONS.—A real estate purchase or lease described in subparagraph (B)(ii) does not include a lease or purchase of—
“(ii) CERTAIN OTHER INVESTMENT.—The Committee shall prescribe regulations further defining covered transactions described in subparagraph (B)(iii) by reference to the technology, sector, subsector, transaction type, or other characteristics of such transactions.
“(iii) EXEMPTION FOR TRANSACTIONS FROM IDENTIFIED COUNTRIES.—
“(I) IN GENERAL.—The Committee shall, by regulation, define circumstances and procedures under which a transaction otherwise described in clause (ii) or (iii) of subparagraph (B) is excluded from the definition of ‘covered transaction’ if each foreign person that is a party to the transaction, and each foreign person with ownership or control over a party to the transaction, is from (as determined by the Committee pursuant to regulations prescribed by the Committee), a country or part of a country identified by the Committee for purposes of this clause based on factors established by the Committee, such as—
“(aa) whether, in the sole judgment of the Committee, the process of the country for reviewing the national security effects of foreign investment and associated international cooperation effectively safeguards national security interests the country shares with the United States;
“(bb) whether the country is a member country of the North Atlantic Treaty Organization or is designated as a major non-NATO ally pursuant to section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k);
“(cc) whether the country adheres to nonproliferation control regimes, including treaties and multilateral supply guidelines, which shall be informed by sources such as the annual report on ‘Adherence to and Compliance with Arms Control, Nonproliferation and Disarmament Agreements and Commitments’ required by section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a);
“(iv) EXCEPTION FOR AIR CARRIERS.—For purposes of subparagraph (B)(iii), the term ‘other investment’ does not include an investment involving an air carrier, as defined in section 40102(a)(2) of title 49, United States Code, that holds a certificate issued under section 41102 of that title.
“(v) TRANSFERS OF CERTAIN ASSETS PURSUANT TO BANKRUPTCY PROCEEDINGS OR OTHER DEFAULTS.—The Committee shall prescribe regulations to clarify that the term ‘covered transaction’ includes any transaction described in subparagraph (B) that arises pursuant to a bankruptcy proceeding or other form of default on debt.
“(D) PASSIVE INVESTMENT DEFINED.—
“(i) IN GENERAL.—For purposes of subparagraph (B)(iii), the term ‘passive investment’ means an investment, direct or indirect, by a foreign person in a United States critical infrastructure company or United States critical technology company that meets the following criteria:
“(II) The investment does not afford the foreign person—
“(aa) access to any material nonpublic technical information in the possession of the United States critical infrastructure company or United States critical technology company;
“(bb) membership or observer rights on the board of directors or equivalent governing body of the United States critical infrastructure company or United States critical technology company or the right to nominate an individual to a position on the board of directors or equivalent governing body; or
“(ii) MATERIAL NONPUBLIC TECHNICAL INFORMATION DEFINED.—For purposes of clause (i)(II)(aa), the term ‘material nonpublic technical information’ has the meaning given that term in regulations prescribed by the Committee, except that the term does not include financial information regarding the performance of a United States critical infrastructure company or United States critical technology company.
“(iii) EFFECT OF LEVEL OF OWNERSHIP INTEREST.—
“(I) IN GENERAL.—A determination of whether an investment is a passive investment under clause (i) shall be made without regard to how low the level of ownership interest a foreign person would hold or acquire in a United States critical infrastructure company or United States critical technology company would be as a result of the investment.
“(II) REGULATIONS.—
“(aa) IN GENERAL.—The Committee may prescribe regulations specifying that any investment (other than an investment described in item (bb)) greater than a certain level or amount shall not be considered a passive investment under clause (i).
“(bb) INVESTMENT DESCRIBED.—An investment described in this item is an investment—
“(AA) by a foreign person in a United States critical infrastructure company or United States critical technology company through an investment fund;
“(BB) that does not result in the foreign person’s control of the United States critical technology or United States critical infrastructure company; and
“(CC) that otherwise meets the requirements of clauses (i) and (iv), as applicable.
“(iv) SPECIFIC CLARIFICATION FOR INVESTMENT FUNDS.—
“(I) TREATMENT OF CERTAIN INVESTMENTS AS PASSIVE INVESTMENTS.—Notwithstanding clause (i)(II)(bb) and subject to regulations prescribed by the Committee, an indirect investment by a foreign person in a United States critical infrastructure company or United States critical technology company through an investment fund that affords the foreign person (or a designee of the foreign person) membership as a limited partner on an advisory board or a committee of the fund shall be considered a passive investment if—
“(cc) the advisory board or committee does not have the ability to approve, disapprove, or otherwise control—
“(AA) investment decisions of the fund; or
“(BB) decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested;
“(dd) the foreign person does not otherwise have the ability to control the fund, including the authority—
“(AA) to approve, disapprove, or otherwise control investment decisions of the fund;
“(BB) to approve, disapprove, or otherwise control decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested; or
“(CC) to unilaterally dismiss, prevent the dismissal of, select, or determine the compensation of the general partner, managing member, or equivalent; and
“(II) TREATMENT OF CERTAIN WAIVERS.—
“(aa) IN GENERAL.—For the purposes of items (cc) and (dd) of subclause (I) and except as provided in item (bb), a waiver of a potential conflict of interest, a waiver of an allocation limitation, or a similar activity, applicable to a transaction pursuant to the terms of an agreement governing an investment fund shall not be considered to constitute control of investment decisions of the fund or decisions relating to entities in which the fund is invested.
“(E) UNITED STATES CRITICAL INFRASTRUCTURE COMPANY DEFINED.—For purposes of this paragraph, the term ‘United States critical infrastructure company’ means a United States business that is, owns, operates, or primarily provides services to, an entity or entities that operate within a critical infrastructure sector or subsector, as defined by regulations prescribed by the Committee.
“(F) UNITED STATES CRITICAL TECHNOLOGY COMPANY DEFINED.—For purposes of this paragraph, the term ‘United States critical technology company’ means a United States business that produces, designs, tests, manufactures, or develops one or more critical technologies, or a subset of such technologies, as defined by regulations prescribed by the Committee.
“(6) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security.
“(7) CRITICAL MATERIALS.—The term ‘critical materials’ means physical materials essential to national security, subject to regulations prescribed by the Committee.
“(8) CRITICAL TECHNOLOGIES.—
“(A) IN GENERAL.—The term ‘critical technologies’ means technology, components, or technology items that are essential or could be essential to national security, identified for purposes of this section pursuant to regulations prescribed by the Committee.
“(B) INCLUSION OF CERTAIN ITEMS.—The term ‘critical technologies’ includes the following:
“(i) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.
“(ii) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
“(iii) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities).
“(iv) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material).
“(9) FOREIGN GOVERNMENT-CONTROLLED TRANSACTION.—The term ‘foreign government-controlled transaction’ means any covered transaction that could result in the control of any United States business by a foreign government or an entity controlled by or acting on behalf of a foreign government.
“(10) FOREIGN PERSON.—
“(B) FOREIGN ENTITY DEFINED.—
“(i) IN GENERAL.—For purposes of subparagraph (A) and except as provided in clause (ii), the term ‘foreign entity’ means any branch, partnership, group or subgroup, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign country if—
“(11) INTELLIGENCE COMMUNITY.—The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
“(12) INVESTMENT.—The term ‘investment’ means the acquisition of equity interest, including contingent equity interest, as further defined in regulations prescribed by the Committee.
“(13) LEAD AGENCY.—The term ‘lead agency’ means the agency or agencies designated as the lead agency or agencies pursuant to subsection (k)(5).
“(14) NATIONAL SECURITY.—The term ‘national security’ shall be construed so as to include those issues relating to ‘homeland security’, including its application to critical infrastructure.
“(15) PARTY.—The term ‘party’ has the meaning given that term in regulations prescribed by the Committee.
SEC. 1704. Acceptance of written notices.
Section 721(b)(1)(C)(i) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(i)) is amended—
(2) by adding at the end the following:
“(II) COMMENTS AND ACCEPTANCE.—
“(aa) IN GENERAL.—Subject to item (cc), the Committee shall provide comments on a draft or final written notice or accept a final written notice submitted under subclause (I) with respect to a covered transaction not later than the date that is 10 business days after the date of submission of the draft or final notice.
“(bb) COMPLETENESS.—If the Committee determines that a draft or final written notice described in item (aa) is not complete, the Committee shall notify the party or parties to the transaction in writing that the notice is not complete and provide an explanation of all material respects in which the notice is incomplete.
SEC. 1705. Inclusion of partnership and side agreements in notice.
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)) is amended by adding at the end the following:
“(iv) INCLUSION OF PARTNERSHIP AND SIDE AGREEMENTS.—A written notice submitted under clause (i) by a party to a covered transaction shall include a copy of any partnership agreements, integration agreements, or other side agreements relating to the transaction, including any such agreements relating to the transfer of intellectual property, as specified in regulations prescribed by the Committee.”.
SEC. 1706. Declarations for certain covered transactions.
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 1705, is further amended by adding at the end the following:
“(v) DECLARATIONS FOR CERTAIN COVERED TRANSACTIONS.—
“(I) IN GENERAL.—A party to any covered transaction may submit to the Committee a declaration with basic information regarding the transaction instead of a written notice under clause (i).
“(II) REGULATIONS.—The Committee shall prescribe regulations establishing requirements for declarations submitted under this clause. In prescribing such regulations, the Committee shall ensure that such declarations are submitted as abbreviated notifications that would not generally exceed 5 pages in length.
“(III) COMMITTEE RESPONSE TO DECLARATION.—
“(aa) IN GENERAL.—Upon receiving a declaration under this clause with respect to a covered transaction, the Committee may, at the discretion of the Committee—
“(AA) request that the parties to the transaction file a written notice under clause (i);
“(BB) inform the parties to the transaction that the Committee is not able to complete action under this section with respect to the transaction on the basis of the declaration and that the parties may file a written notice under clause (i) to seek written notification from the Committee that the Committee has completed all action under this section with respect to the transaction;
“(CC) initiate a unilateral review of the transaction under subparagraph (D); or
“(DD) notify the parties in writing that the Committee has completed all action under this section with respect to the transaction.
“(IV) MANDATORY DECLARATIONS.—
“(aa) REGULATIONS.—The Committee shall prescribe regulations specifying the types of covered transactions for which the Committee requires a declaration under this subclause.
“(bb) CERTAIN COVERED TRANSACTIONS WITH FOREIGN GOVERNMENT INTERESTS.—
“(AA) IN GENERAL.—Except as provided in subitem (BB), the parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves an investment that results in the acquisition, directly or indirectly, of a substantial interest in a United States critical infrastructure company or United States critical technology company by a foreign person in which a foreign government has, directly or indirectly, a substantial interest.
“(BB) EXCEPTION.—The submission of a declaration described in subclause (I) shall not be required with respect to a transaction described in subitem (AA) if each foreign person that is a party to the transaction, and each foreign person with ownership or control over a party to the transaction, is from a country or part of a country identified by the Committee under subsection (a)(5)(C)(iii).
“(CC) SUBSTANTIAL INTEREST DEFINED.—In this item, the term ‘substantial interest’ has the meaning given that term in regulations which the Committee shall prescribe. In developing those regulations, the Committee shall consider the means by which a foreign government could influence the actions of a foreign person, including through board membership, ownership interest, or shareholder rights. An interest that is a passive investment (as defined in subsection (a)(5)(D)) or that is less than a 10 percent voting interest shall not be considered a substantial interest.
“(cc) OTHER DECLARATIONS REQUIRED BY COMMITTEE.—The Committee shall require the submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed by the Committee for purposes of this item, at the discretion of the Committee and based on appropriate factors, such as—
“(AA) the technology, industry, economic sector, or economic subsector in which the United States business that is a party to the transaction trades or of which it is a part;
“(BB) the difficulty of remedying the harm to national security that may result from completion of the transaction;
“(CC) the difficulty of obtaining information on the type of covered transaction through other means; and
“(DD) the difficulty of obtaining information on the ultimate ownership of the foreign person that is a party to the transaction.
“(dd) EXCEPTION.—The submission of a declaration described in subclause (I) shall not be required pursuant to this subclause with respect to an investment by an investment fund if—
“(AA) the fund is managed exclusively by a general partner, a managing member, or an equivalent;
“(BB) the general partner, managing member, or equivalent is not a foreign person; and
“(CC) the investment fund satisfies, with respect to any foreign person with membership as a limited partner on an advisory board or a committee of the fund, the criteria specified in items (cc) and (dd) of subsection (a)(5)(D)(iv).
“(ee) SUBMISSION OF WRITTEN NOTICE AS AN ALTERNATIVE.—Parties to a covered transaction for which a declaration is required under this subclause may instead elect to submit a written notice under clause (i).
“(ff) TIMING OF SUBMISSION.—
“(AA) IN GENERAL.—A declaration required to be submitted with respect to a covered transaction by this subclause shall be submitted not later than 45 days before the completion of the transaction.
“(BB) WRITTEN NOTICE.—If, pursuant to item (ee), the parties to a covered transaction elect to submit a written notice under clause (i) instead of a declaration under this subclause, the written notice shall be filed not later than 90 days before the completion of the transaction.
SEC. 1707. Stipulations regarding transactions.
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 1706, is further amended by adding at the end the following:
SEC. 1708. Authority for unilateral initiation of reviews.
Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)) is amended—
(2) in subparagraph (D)—
(A) in the matter preceding clause (i), by striking “subparagraph (F)” and inserting “subparagraph (G)”;
(B) in clause (i), by inserting “(other than a covered transaction described in subparagraph (E))” after “any covered transaction”;
(C) by striking clause (ii) and inserting the following:
“(ii) any covered transaction described in subparagraph (E), if any party to the transaction submitted false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information submitted to the Committee; or”; and
(3) by inserting after subparagraph (D) the following:
SEC. 1709. Timing for reviews and investigations.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)), as amended by section 1708, is further amended—
(2) in paragraph (2), by striking subparagraph (C) and inserting the following:
“(C) TIMING.—
“(i) IN GENERAL.—Except as provided in clause (ii), any investigation under subparagraph (A) shall be completed before the end of the 45-day period beginning on the date on which the investigation commenced.
“(ii) EXTENSION FOR EXTRAORDINARY CIRCUMSTANCES.—
“(I) IN GENERAL.—In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of the head of the lead agency, extend an investigation under subparagraph (A) for one 30-day period.
SEC. 1710. Monitoring of non-notified and non-declared transactions.
Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)), as amended by sections 1708 and 1709, is further amended by adding at the end the following:
SEC. 1711. Submission of certifications to Congress.
Section 721(b)(3)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)(C)) is amended—
(1) in clause (iii)—
(2) in clause (iv), by striking subclause (II) and inserting the following:
“(II) DELEGATION OF CERTIFICATIONS.—
“(aa) IN GENERAL.—Subject to item (bb), the chairperson, in consultation with the Committee, may determine the level of official to whom the signature requirement under subclause (I) for the chairperson and the head of the lead agency may be delegated. The level of official to whom the signature requirement may be delegated may differ based on any factor relating to a transaction that the chairperson, in consultation with the Committee, deems appropriate, including the type or value of the transaction.
“(bb) LIMITATION ON DELEGATION WITH RESPECT TO CERTAIN TRANSACTIONS.—The signature requirement under subclause (I) may be delegated not below the level of the Assistant Secretary of the Treasury or an equivalent official of the lead agency in the case of a covered transaction—
“(AA) assessed by the Director of National Intelligence under paragraph (4) as more likely than not to threaten the national security of the United States;
“(BB) with respect to which the Committee conducts an investigation under paragraph (2); or
“(CC) with respect to which a request is made by an official at the Deputy Assistant Secretary or Assistant Secretary level of an agency or department represented on the Committee, or an equivalent thereof, that the transaction be reviewed by the Assistant Secretary of the Treasury and an equivalent official of the lead agency.
“(cc) LIMITATION ON DELEGATION WITH RESPECT TO OTHER TRANSACTIONS.—In the case of any covered transaction not described in item (bb), the signature requirement under subclause (I) may be delegated not below the level of a Deputy Assistant Secretary of the Treasury or an equivalent official of the lead agency.”; and
(3) by adding at the end the following:
“(v) AUTHORITY TO CONSOLIDATE DOCUMENTS.—Instead of transmitting a separate certified notice or certified report under subparagraph (A) or (B) with respect to each covered transaction, the Committee may, on a monthly basis, transmit such notices and reports in a consolidated document to the Members of Congress specified in clause (iii).”.
SEC. 1712. Analysis by Director of National Intelligence.
Section 721(b)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(4)) is amended—
(1) by striking subparagraph (A) and inserting the following:
“(A) ANALYSIS REQUIRED.—
“(i) IN GENERAL.—Except as provided in subparagraph (B), the Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis.
“(ii) VIEWS OF INTELLIGENCE COMMUNITY.—The Director shall seek and incorporate into the analysis required by clause (i) the views of all affected or appropriate agencies of the intelligence community with respect to the transaction.
“(iii) UPDATES.—At the request of the lead agency, the Director shall update the analysis conducted under clause (i) with respect to a covered transaction with respect to which an agreement was entered into under subsection (l)(3)(A).
“(iv) INDEPENDENCE AND OBJECTIVITY.—The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause (i) that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community.”;
(2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively;
(3) by inserting after subparagraph (A) the following:
“(B) BASIC THREAT INFORMATION.—
“(i) IN GENERAL.—The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause (ii) instead of conducting the analysis required by subparagraph (A).
“(ii) COVERED TRANSACTION DESCRIBED.—A covered transaction is described in this clause if—
(5) by adding at the end the following:
“(F) ASSESSMENT OF OPERATIONAL IMPACT.—The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs (A) and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact.
“(G) SUBMISSION TO CONGRESS.—The Committee shall submit the analysis required by subparagraph (A) with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance plans under subsection (l)(6)) with respect to the transaction.”.
SEC. 1713. Information sharing.
Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. 4565(c)) is amended—
(3) by adding at the end the following:
“(2) EXCEPTIONS.—Paragraph (1) shall not prohibit the disclosure of the following:
“(3) COOPERATION WITH ALLIES AND PARTNERS.—
“(A) IN GENERAL.—The chairperson, in consultation with other members of the Committee, should establish a formal process for the exchange of information under paragraph (2)(C) with governments of countries that are allies or partners of the United States, in the discretion of the chairperson, to protect the national security of the United States and those countries.
“(B) REQUIREMENTS.—The process established under subparagraph (A) should, in the discretion of the chairperson—
“(i) be designed to facilitate the harmonization of action with respect to trends in investment and technology that could pose risks to the national security of the United States and countries that are allies or partners of the United States;
SEC. 1714. Action by the President.
(a) In general.—Section 721(d) of the Defense Production Act of 1950 (50 U.S.C. 4565(d)) is amended—
(1) by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—Subject to paragraph (4), the President may, with respect to a covered transaction that threatens to impair the national security of the United States, take such action for such time as the President considers appropriate to suspend or prohibit the transaction or to require divestment.”; and
(b) Civil penalties.—Section 721(h)(3)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(h)(3)(A)) is amended by striking “including any mitigation” and all that follows through “subsection (l)” and inserting “including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this section”.
Section 721(e) of the Defense Production Act of 1950 (50 U.S.C. 4565(e)) is amended—
(2) by adding at the end the following:
“(2) CIVIL ACTIONS.—A civil action challenging an action or finding of the Committee under this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit.
“(3) PROCEDURES FOR REVIEW OF PRIVILEGED INFORMATION.—If a civil action challenging an action or finding of the Committee under this section is brought, and the court determines that protected information in the administrative record, including classified, sensitive law enforcement, sensitive security, or other information subject to privilege or protections under any provision of law, is necessary to resolve the challenge, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal.
“(4) APPLICABILITY OF USE OF INFORMATION PROVISIONS.—The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil action brought under this subsection.”.
SEC. 1716. Membership and staff of Committee.
(a) Hiring authority.—Section 721(k) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)) is amended by striking paragraph (4) and inserting the following:
“(4) HIRING AUTHORITY.—
“(A) SENIOR OFFICIALS.—
“(i) IN GENERAL.—Each member of the Committee shall designate an Assistant Secretary, or an equivalent official, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the member of the Committee may delegate.
“(ii) DEPARTMENT OF THE TREASURY.—In addition to officials of the Department of the Treasury authorized under section 301 of title 31, United States Code, or any other provision of law, there are authorized at the Department of the Treasury, to carry out such duties related to the Committee as the Secretary of the Treasury may delegate, consistent with this section and reflecting the expanded authorities of the Committee and the role of the Department of the Treasury in implementing those authorities under the amendments made by the Foreign Investment Risk Review Modernization Act of 2018, the following:
“(B) SPECIAL HIRING AUTHORITY.—The heads of the departments and agencies represented on the Committee may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as defined in section 2102 of that title) in their respective departments and agencies to administer this section.”.
(b) Procedures for recusal of members of Committee for conflicts of interest.—Not later than 90 days after the date of the enactment of this Act, the Committee on Foreign Investment in the United States shall—
(1) establish procedures for the recusal of any member of the Committee that has a conflict of interest with respect to a covered transaction (as defined in section 721 of the Defense Production Act of 1950, as amended by section 1703);
SEC. 1717. Actions by the Committee to address national security risks.
Section 721(l) of the Defense Production Act of 1950 (50 U.S.C. 4565(l)) is amended—
(1) in the subsection heading, by striking “Mitigation, Tracking, and Postconsummation Monitoring and Enforcement” and inserting “Actions by the Committee to address national security risks”;
(3) by inserting before paragraph (3), as redesignated by paragraph (2), the following:
(4) in paragraph (3), as redesignated by paragraph (2)—
(A) in subparagraph (A)—
(i) in the subparagraph heading, by striking “In general” and inserting “Agreements and conditions”;
(iv) by adding at the end the following:
“(ii) ABANDONMENT OF TRANSACTIONS.—If a party to a covered transaction has voluntarily chosen to abandon the transaction, the Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction for purposes of effectuating such abandonment and mitigating any risk to the national security of the United States that arises as a result of the covered transaction.
“(iii) AGREEMENTS AND CONDITIONS RELATING TO COMPLETED TRANSACTIONS.—The Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to a completed covered transaction in order to mitigate any interim risk to the national security of the United States that may arise as a result of the covered transaction until such time that the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant to subsection (d) with respect to the transaction.”; and
(B) by striking subparagraph (B) and inserting the following:
“(B) LIMITATIONS.—An agreement may not be entered into or condition imposed under subparagraph (A) with respect to a covered transaction unless the Committee determines that the agreement or condition resolves the national security concerns posed by the transaction, taking into consideration whether the agreement or condition is reasonably calculated to—
(5) by inserting after paragraph (3), as redesignated by paragraph (2), the following:
“(4) RISK-BASED ANALYSIS REQUIRED.—
“(A) IN GENERAL.—Any determination of the Committee to suspend a covered transaction under paragraph (1), to refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted by the Committee, of the effects on the national security of the United States of the covered transaction, which shall include an assessment of the threat, vulnerabilities, and consequences to national security related to the transaction.
“(B) ACTIONS OF MEMBERS OF THE COMMITTEE.—
“(i) IN GENERAL.—Any member of the Committee who concludes that a covered transaction poses an unresolved national security concern shall recommend to the Committee that the Committee suspend the transaction under paragraph (1), refer the transaction to the President under paragraph (2), or negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to the transaction. In making that recommendation, the member shall propose or contribute to the risk-based analysis required by subparagraph (A).
(6) in paragraph (5)(B), as redesignated by paragraph (2), by striking “(as defined in the National Security Act of 1947)”; and
(7) in paragraph (6), as redesignated by paragraph (2)—
(B) in subparagraph (B)—
(C) by adding at the end the following:
“(C) COMPLIANCE PLANS.—
“(i) IN GENERAL.—In the case of a covered transaction with respect to which an agreement is entered into under paragraph (3)(A), the Committee or lead agency, as the case may be, shall formulate, adhere to, and keep updated a plan for monitoring compliance with the agreement.
“(ii) ELEMENTS.—Each plan required by clause (i) with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of—
“(I) which member of the Committee will have primary responsibility for monitoring compliance with the agreement;
“(D) EFFECT OF LACK OF COMPLIANCE.—If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)—
“(i) negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition;
“(ii) require that the party or parties submit a written notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection with respect to a covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee to initiate a review of the transaction under subsection (b); or
“(E) USE OF INDEPENDENT ENTITIES TO MONITOR COMPLIANCE.—If the parties to an agreement entered into under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary to prevent a conflict of interest from arising by ensuring that the independent entity owes no fiduciary duty to the parties.
“(F) SUCCESSORS AND ASSIGNS.—Any agreement or condition entered into or imposed under paragraph (3)(A) shall be considered binding on all successors and assigns unless and until the agreement or condition terminates on its own terms or is otherwise terminated by the Committee in its sole discretion.
“(G) ADDITIONAL COMPLIANCE MEASURES.—Subject to subparagraphs (A) through (F), the Committee shall develop and agree upon methods for evaluating compliance with any agreement entered into or condition imposed with respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any new covered transaction for which a written notice under clause (i) of subsection (b)(1)(C) or declaration under clause (v) of that subsection has been filed, and if necessary, reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered transaction for which a review has been reopened for any reason.”.
SEC. 1718. Modification of annual report and other reporting requirements.
(a) Modification of annual report.—Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)) is amended—
(1) in paragraph (2)—
(A) by amending subparagraph (A) to read as follows:
“(A) A list of all notices filed and all reviews or investigations of covered transactions completed during the period, with—
“(i) a description of the outcome of each review or investigation, including whether an agreement was entered into or condition was imposed under subsection (l)(3)(A) with respect to the transaction being reviewed or investigated, and whether the President took any action under this section with respect to that transaction;
(B) by adding at the end the following:
“(G) Statistics on compliance plans conducted and actions taken by the Committee under subsection (l)(6), including subparagraph (D) of that subsection, during that period, a general assessment of the compliance of parties with agreements entered into and conditions imposed under subsection (l)(3)(A) that are in effect during that period, including a description of any actions taken by the Committee to impose penalties or initiate a unilateral review pursuant to subsection (b)(1)(D)(iii), and any recommendations for improving the enforcement of such agreements and conditions.
“(H) Cumulative and, as appropriate, trend information on the number of declarations filed under subsection (b)(1)(C)(v), the actions taken by the Committee in response to those declarations, the business sectors involved in those declarations, and the countries involved in those declarations.
(2) in paragraph (3)—
(3) by adding at the end the following:
“(4) FORM OF REPORT.—
“(A) IN GENERAL.—All appropriate portions of the annual report under paragraph (1) may be classified. An unclassified version of the report, as appropriate, consistent with safeguarding national security and privacy, shall be made available to the public.
“(B) INCLUSIONS IN UNCLASSIFIED VERSION.—The unclassified version of the report required under paragraph (1) shall include, with respect to covered transactions for the reporting period—
“(ii) the number of declarations submitted under subsection (b)(1)(C)(v) and the number of such declarations that were required under subclause (IV) of that subsection;
“(iii) the number of declarations submitted under subsection (b)(1)(C)(v) for which the Committee required resubmission as notices under subsection (b)(1)(C)(i);
“(iv) the average number of days that elapsed between submission of a declaration under subsection (b)(1)(C)(v) and the acceptance of the declaration by the Committee;
“(v) information on the time it took the Committee to provide comments on, or to accept, notices submitted under subsection (b)(1)(C)(i), including—
“(I) the average number of business days that elapsed between the date of submission of a draft notice and the date on which the Committee provided written comments on the draft notice;
“(II) the average number of business days that elapsed between the date of submission of a final notice and the date on which the Committee accepted or provided written comments on the final notice; and
“(III) if the average number of business days for a response by the Committee reported under subclause (I) or (II) exceeded 10 business days—
“(vii) the number of investigations that were subject to an extension under subsection (b)(2)(C)(ii);
“(viii) information on the duration of those reviews and investigations, including the average number of days required to complete those reviews and investigations;
“(ix) the number of notices submitted under subsection (b)(1)(C)(i) and declarations submitted under subsection (b)(1)(C)(v) that were rejected by the Committee;
“(x) the number of such notices and declarations that were withdrawn by a party to the covered transaction;
(b) Report on Chinese investment.—
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter through 2026, the Secretary of Commerce shall submit to Congress and the Committee on Foreign Investment in the United States a report on foreign direct investment transactions made by entities of the People's Republic of China in the United States.
(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:
(A) Total foreign direct investment from the People's Republic of China in the United States, including total foreign direct investment disaggregated by ultimate beneficial owner.
(B) A breakdown of investments from the People's Republic of China in the United States by value using the following categories:
(C) A breakdown of investments from the People's Republic of China in the United States by 2-digit North American Industry Classification System code.
(D) A breakdown of investments from the People's Republic of China in the United States by investment type, using the following categories:
(E) A breakdown of investments from the People’s Republic of China in the United States by government and non-government investments, including volume, sector, and type of investment within each category.
(F) A list of companies incorporated in the United States purchased through government investment by the People’s Republic of China.
(G) The number of United States affiliates of entities under the jurisdiction of the People's Republic of China, the total employees at those affiliates, and the valuation for any publicly traded United States affiliate of such an entity.
(H) An analysis of patterns in the investments described in subparagraphs (A) through (F), including in volume, type, and sector, and the extent to which those patterns of investments align with the objectives outlined by the Government of the People's Republic of China in its Made in China 2025 plan, including a comparative analysis of investments from the People’s Republic of China in the United States and all foreign direct investment in the United States.
(I) An identification of any limitations on the ability of the Secretary of Commerce to collect comprehensive information that is reasonably and lawfully available about foreign investment in the United States from the People's Republic of China on a timeline necessary to complete reports every 2 years as required by paragraph (1), including—
(i) an identification of any discrepancies between government and private sector estimates of investments from the People's Republic of China in the United States;
(c) Report on certain investments by state-owned or state-controlled entities.—
(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, an appropriate member or members of the Committee on Foreign Investment in the United States shall, in coordination with the chairperson of the Committee, submit to Congress a report assessing—
(A) national security threats related to investments in the United States by state-owned or state-controlled entities in the manufacture or assembly of rolling stock or other assets for use in freight rail, public transportation, or intercity passenger rail systems, including the construction of new facilities;
(2) CONSULTATION.—The member or members of the Committee on Foreign Investment in the United States preparing the report required by paragraph (1) shall consult with the Secretary of Transportation and the head of any agency that is not represented on the Committee that has significant technical expertise related to the assessments required by paragraph (1).
SEC. 1719. Certification of notices and information.
Section 721(n) of the Defense Production Act of 1950 (50 U.S.C. 4565(n)) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;
(5) by adding at the end the following:
“(2) EFFECT OF FAILURE TO SUBMIT.—The Committee may not complete a review under this section of a covered transaction and may recommend to the President that the President suspend or prohibit the transaction or require divestment under subsection (d) if the Committee determines that a party to the transaction has—
SEC. 1720. Implementation plans.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the chairperson of the Committee on Foreign Investment in the United States and the Secretary of Commerce shall, in consultation with the appropriate members of the Committee—
SEC. 1721. Assessment of need for additional resources for Committee.
The President shall—
(1) determine whether and to what extent the expansion of the responsibilities of the Committee on Foreign Investment in the United States pursuant to the amendments made by this title necessitates additional resources for the Committee and the departments and agencies represented on the Committee to perform their functions under section 721 of the Defense Production Act of 1950, as amended by this title; and
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following:
“(o) Funding.—
“(1) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United States a fund, to be known as the ‘Committee on Foreign Investment in the United States Fund’ (in this subsection referred to as the ‘Fund’), to be administered by the chairperson.
“(2) APPROPRIATION OF FUNDS FOR THE COMMITTEE.—There are authorized to be appropriated to the Fund such sums as may be necessary to perform the functions of the Committee.
“(3) FILING FEES.—
“(A) IN GENERAL.—The Committee may assess and collect a fee in an amount determined by the Committee in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31, United States Code, and subject to subparagraph (B), with respect to each covered transaction for which a written notice is submitted to the Committee under subsection (b)(1)(C)(i). The total amount of fees collected under this paragraph may not exceed the costs of administering this section.
“(B) DETERMINATION OF AMOUNT OF FEE.—
“(i) IN GENERAL.—In determining the amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction, the Committee shall base the amount of the fee on the value of the transaction, taking into consideration—
“(I) the effect of the fee on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632));
“(ii) PRIORITIZATION FEE.—The Committee may establish a fee or fee scale to prioritize the timing of the response of the Committee to a draft or final written notice during the period before the Committee accepts the final written notice under subsection (b)(1)(C)(i), in the event that the Committee is unable to respond during the time required by subclause (II) of that subsection because of an unusually large influx of notices, or for other reasons.
“(4) TRANSFER OF FUNDS.—To the extent provided in advance in appropriations Acts, the chairperson may transfer any amounts in the Fund to any other department or agency represented on the Committee for the purpose of addressing emerging needs in carrying out activities under this section. Amounts so transferred shall be in addition to any other amounts available to that department or agency for that purpose.”.
SEC. 1723. Centralization of certain Committee functions.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by section 1722, is further amended by adding at the end the following:
“(p) Centralization of certain committee functions.—
“(1) IN GENERAL.—The chairperson, in consultation with the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section.
SEC. 1724. Conforming amendments.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by this title, is further amended—
(1) in subsection (b)—
SEC. 1725. Requirements to identify and control the export of emerging and foundational technologies.
(a) Identification of technologies.—
(1) IN GENERAL.—The President shall establish and, in coordination with the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, lead, a regular, ongoing interagency process to identify emerging and foundational technologies that—
(2) PROCESS.—The interagency process established under subsection (a) shall—
(A) be informed by multiple sources of information, including—
(ii) classified information, including relevant information provided by the Director of National Intelligence;
(iii) information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565); and
(b) Commerce controls.—
(1) IN GENERAL.—The Secretary of Commerce shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country transfer of technology identified pursuant to subsection (a), including by prescribing additional regulations.
(2) LEVELS OF CONTROL.—
(A) IN GENERAL.—The Secretary of Commerce may, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, specify the level of control to apply under paragraph (1) with respect to the export of technology described in that paragraph, including a requirement for a license or other authorization for the export, reexport, or in-country transfer of that technology.
(B) CONSIDERATIONS.—In determining under subparagraph (A) the level of control appropriate for technology described in paragraph (1), the Secretary of Commerce shall take into account—
(C) MINIMUM REQUIREMENTS.—At a minimum, except as provided by paragraph (4), the Secretary of Commerce shall require a license for the export, reexport, or in-country transfer of technology described in paragraph (1) to or in a country subject to an embargo, including an arms embargo, imposed by the United States.
(3) REVIEW OF LICENSE APPLICATIONS.—
(A) PROCEDURES.—The procedures set forth in Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls) or a successor order shall apply to the review of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1).
(B) CONSIDERATION OF INFORMATION RELATING TO NATIONAL SECURITY.—In reviewing an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1), the Secretary of Commerce shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer. The Director of National Intelligence shall provide such information on the request of the Secretary of Commerce.
(C) DISCLOSURES RELATING TO COLLABORATIVE ARRANGEMENTS.—In the case of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1) submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary of Commerce may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement.
(4) EXCEPTIONS.—
(A) MANDATORY EXCEPTIONS.—The Secretary of Commerce may not control under this subsection the export of any technology—
(i) described in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)); or
(B) REGULATORY EXCEPTIONS.—In prescribing regulations under paragraph (1), the Secretary of Commerce may include regulatory exceptions to the requirements of that paragraph.
(C) ADDITIONAL EXCEPTIONS.—The Secretary of Commerce shall not be required to impose under paragraph (1) a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of technology described in paragraph (1) pursuant to any of the following transactions:
(i) The sale or license of a finished item and the provision of associated technology if the United States person that is a party to the transaction generally makes the finished item and associated technology available to its customers, distributors, or resellers.
(ii) The sale or license to a customer of a product and the provision of integration services or similar services if the United States person that is a party to the transaction generally makes such services available to its customers.
(iii) The transfer of equipment and the provision of associated technology to operate the equipment if the transfer could not result in the foreign person using the equipment to produce critical technologies (as defined in section 721(a) of the Defense Production Act of 1950, as amended by section 1703).
(iv) The procurement by the United States person that is a party to the transaction of goods or services, including manufacturing services, from a foreign person that is a party to the transaction, if the foreign person has no rights to exploit any technology contributed by the United States person other than to supply the procured goods or services.
(v) Any contribution and associated support by a United States person that is a party to the transaction to an industry organization related to a standard or specification, whether in development or declared, including any license of or commitment to license intellectual property in compliance with the rules of any standards organization (as defined by the Secretary by regulation).
(c) Multilateral controls.—
(1) IN GENERAL.—The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Defense, and the heads of other Federal agencies, as appropriate, may propose that any technology identified pursuant to subsection (a) be added to the list of technologies controlled by the relevant multilateral export control regimes.
(2) ITEMS ON COMMERCE CONTROL LIST OR UNITED STATES MUNITIONS LIST.—
(A) IN GENERAL.—If the Secretary of State proposes to a multilateral export control regime under paragraph (1) to add a technology identified pursuant to subsection (a) to the control list of that regime and that regime does not add that technology to the control list during the 3-year period beginning on the date of the proposal, the applicable agency head may determine whether national security concerns warrant the continuation of unilateral export controls with respect to that technology.
(B) APPLICABLE AGENCY HEAD DEFINED.—In this paragraph, the term “applicable agency head” means—
(d) Report to Committee on Foreign Investment in the United States.—Not less frequently than every 180 days, the Secretary of Commerce, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in the United States a report on the results of actions taken pursuant to this section.
(e) Report to Congress.—Not less frequently than every 180 days, the Secretary of Commerce, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit a report on the results of actions taken pursuant to this section, including actions taken pursuant to subsections (a), (b), and (c), to—
(f) Modifications to Emerging Technology and Research Advisory Committee.—
(1) IN GENERAL.—The Secretary of Commerce shall revise the objectives of the Emerging Technology and Research Advisory Committee, established by the Secretary under the Export Administration Regulations, to include advising the interagency process established under subsection (a) with respect to emerging and foundational technologies.
(2) DUTIES.—The Secretary—
(A) shall revise the duties of the Emerging Technology and Research Advisory Committee to include identifying emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and
(3) MEETINGS.—
(4) CLASSIFIED INFORMATION.—Not fewer than half of the members of the Emerging Technology and Research Advisory Committee should hold sufficient security clearances such that classified information, including classified information described in clauses (ii) and (iii) of subsection (a)(2)(A), from the interagency process established under subsection (a) can be shared with those members to inform the advice provided by the Advisory Committee.
(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—Subsections (a)(1), (a)(3), and (b) of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Emerging Technology and Research Advisory Committee.
(6) REPORT.—The Emerging Technology and Research Advisory Committee shall include the findings of the Advisory Committee under this subsection in the annual report to Congress required by section 14 of the Export Administration Act of 1979 (50 U.S.C. 4616) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(g) Rule of construction.—Nothing in this section shall be construed to alter or limit—
(1) the authority of the President or the Secretary of State to designate items as defense articles and defense services for the purposes of the Arms Export Control Act (22 U.S.C. 2751 et seq.) or to otherwise regulate such items; or
(2) the authority of the President under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), or the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or any other provision of law relating to the control of exports.
(h) Definitions.—In this section:
(1) EXPORT ADMINISTRATION REGULATIONS.—The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations.
(2) IN-COUNTRY TRANSFER.—The term “in-country transfer” has the meaning given to the term in the Export Administration Regulations.
SEC. 1726. Export control enforcement authority.
(a) Authorities.—In order to enforce the provisions of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, issued under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (pursuant to which the President has continued in effect authorities granted under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.)), the President shall delegate to the Secretary of Commerce, in addition to existing authorities, the authority to authorize any law enforcement officer of the Department of Commerce to conduct investigations (including undercover investigations) in the United States and in other countries when permitted under such countries' laws using all applicable laws of the United States.
(b) Best practice guidelines.—The Secretary of Commerce, in consultation with the heads of appropriate Federal agencies, may publish and update best practices guidelines to assist persons in developing and implementing, on a voluntary basis, effective export control programs in compliance with the Export Administration Regulations.
(c) Confidentiality of information.—
(1) EXEMPTIONS FROM DISCLOSURE.—
(A) IN GENERAL.—Information obtained under the Export Administration Act of 1979 (50 U.S.C. 2601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) may be withheld from disclosure only to the extent permitted by statute, except that information described in subparagraph (B) shall be withheld from public disclosure and shall not be subject to disclosure under section 552(b)(3) of title 5, United States Code, unless the release of such information is determined by the Secretary to be in the national interest.
(B) INFORMATION DESCRIBED.—Information described in this subparagraph is information submitted or obtained in connection with an application for a license or other authorization to export, reexport, or transfer items or engage in other activities, a recordkeeping or reporting requirement, enforcement activity, or other operations under the Export Administration Act of 1979, including—
(2) INFORMATION TO CONGRESS AND GAO.—
(A) IN GENERAL.—Nothing in this section shall be construed as authorizing the withholding of information from Congress or the Comptroller General of the United States.
(B) AVAILABILITY TO CONGRESS.—
(i) IN GENERAL.—Information obtained at any time under any provision of the Export Administration Act of 1979 or the Export Administration Regulations, including reports or license applications required under any such provision, shall be made available to a committee or subcommittee of Congress of appropriate jurisdiction, upon the request of the chairman or ranking member of the committee or subcommittee.
(ii) PROHIBITION ON FURTHER DISCLOSURE.—No committee or subcommittee referred to in clause (i), or member thereof, may disclose any information made available under clause (i) that is submitted on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
(C) AVAILABILITY TO GAO.—
(i) IN GENERAL.—Information described in subparagraph (B)(i) shall be subject to the limitations contained in section 716 of title 31, United States Code.
(ii) PROHIBITION ON FURTHER DISCLOSURE.—An officer or employee of the Government Accountability Office may not disclose, except to Congress in accordance with this paragraph, any information described in subparagraph (B)(i) that is submitted on a confidential basis or from which any individual can be identified.
(3) INFORMATION SHARING.—
(A) EXCHANGE OF INFORMATION.—The heads of departments, agencies, and offices with enforcement authorities under the Export Administration Act of 1979, consistent with protection of law enforcement and its sources and methods, shall exchange any licensing and enforcement information with one another that is necessary to facilitate enforcement efforts under this section, and shall consult on a regular basis with one another and with the heads of other departments, agencies, and offices that obtain information subject to this paragraph, in order to facilitate the exchange of such information.
(B) PROVISION OF INFORMATION BY FEDERAL OFFICIALS.—Any Federal official who obtains information that is relevant to the enforcement of the Export Administration Act of 1979, including information pertaining to any investigation, shall furnish such information to each appropriate department, agency, or office with enforcement responsibilities under this section to the extent consistent with the protection of intelligence, counterintelligence, and law enforcement sources, methods, and activities.
(C) EXCEPTIONS.—The provisions of this paragraph shall not apply to information subject to the restrictions set forth in section 9 of title 13, United States Code. Return information, as defined in section 6103(b) of the Internal Revenue Code of 1986, may be disclosed only as authorized by that section.
(D) INFORMATION SHARING WITH FEDERAL AGENCIES.—Licensing or enforcement information obtained under the Export Administration Act of 1979 may be shared with heads of departments, agencies, and offices that do not have enforcement authorities under that Act on a case-by-case basis, at the discretion of the Secretary of Commerce. Such information may be shared only when the Secretary makes a determination that the sharing of the information is in the national interest.
SEC. 1727. Prohibition on modification of civil penalties under export control and sanctions laws.
(a) In general.—Notwithstanding any other provision of law, the Executive Office of the President may not modify any civil penalty, including a denial order, implemented by the Government of the United States with respect to a Chinese telecommunications company pursuant to a determination that the company has violated an export control or sanctions law of the United States until the date that is 30 days after the President certifies to the appropriate congressional committees that the company—
SEC. 1728. Under Secretary of Commerce for Industry and Security.
(a) In general.—On and after the date of the enactment of this Act, any reference in the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) or any other law or regulation to the Under Secretary of Commerce for Export Administration shall be deemed to be a reference to the Under Secretary of Commerce for Industry and Security.
(b) Title 5.—Section 5314 of title 5, United States Code, is amended by striking “Under Secretary of Commerce for Export Administration” and inserting “Under Secretary of Commerce for Industry and Security”.
(c) Continuation in office.—The individual serving as Under Secretary of Commerce for Export Administration on the day before the date of the enactment of this Act may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.
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.
(a) Limitation on cancellation of designation.—The Secretary of Defense may not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.01E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the Secretary of the Air Force as the Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the date specified in subsection (c).
SEC. 1730. Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities.
(a) Review required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence, in consultation with the Air Force Research Laboratory, the Defense Advanced Projects Research Agency, and such other appropriate research entities as the Secretary and the Director may identify, shall—
(b) Elements.—The review conducted under paragraph (1) of subsection (a), and the report required by paragraph (3) of that subsection, shall identify, at a minimum, the following:
(1) Key United States industries and research and development activities expected to be critical to maintaining a national security technology capability if, during the 5-year period beginning on the date of the enactment of this Act, the Secretary and the Director anticipate that—
(B) United States industry will be unable to or otherwise will not provide the needed capacity in a timely manner without financial assistance from the United States Government through existing statutory authorities specifically intended for that purpose, including assistance provided under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) and other appropriate authorities.
(4) Sectors of the defense industrial base in which the United States lacks adequate productive capacity to meet critical national defense needs.
(5) Priority areas for which appropriate statutory industrial base incentives should be applied as the most cost-effective, expedient, and practical alternative for meeting the technology or defense industrial base needs identified under this subsection, including—
(6) Priority funding recommendations with respect to key areas that the Secretary, in consultation with the Director, determines are—
(c) Form of report.—The report required by subsection (a)(3) shall be submitted in unclassified form, but may include a classified annex.
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.
Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or a designee of the Secretary) shall provide a briefing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on—
(1) transactions reviewed by the Committee on Foreign Investment in the United States during the 5-year period preceding the briefing that the Committee determined would have allowed foreign persons to inappropriately influence democratic institutions and processes within the United States and in other countries; and
(a) Immediate applicability of certain provisions.—The following shall take effect on the date of the enactment of this Act and apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after such date of enactment:
(1) Sections 1705, 1707, 1708, 1709, 1710, 1713, 1714, 1715, 1716, 1717, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, and 1729 and the amendments made by those sections.
(2) Section 1712 and the amendments made by that section (except for clause (iii) of section 721(b)(4)(A) of the Defense Production Act of 1950, as added by section 1712).
(b) Delayed applicability of certain provisions.—
(1) IN GENERAL.—Any provision of or amendment made by this title not specified in subsection (a) shall—
(A) take effect on the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee on Foreign Investment in the United States that the regulations, organizational structure, personnel, and other resources necessary to administer the new provisions are in place; and
(c) Authorization for pilot programs.—
(1) IN GENERAL.—Beginning on the date of the enactment of this Act and ending on the date described in subsection (b)(1)(A), the Committee on Foreign Investment in the United States may, at its discretion, conduct one or more pilot programs to implement any authority provided pursuant to any provision of or amendment made by this title not specified in subsection (a).
If any provision of this title or an amendment made by this title, or the application of such a provision or amendment to any person or circumstance, is held to be invalid, the application of that provision or amendment to other persons or circumstances and the remainder of the provisions of this title and the amendments made by this title, shall not be affected thereby.
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2019”.
SEC. 2002. Expiration of authorizations and amounts required to be specified by law.
(a) Expiration of authorizations after three years.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
(b) Exception.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
Titles XXI through XXVII and title XXIX shall take effect on the later of—
SEC. 2101. Authorized Army construction and land acquisition projects.
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Alabama | Anniston Army Depot | $5,200,000 |
| California | Fort Irwin | $29,000,000 |
| Colorado | Fort Carson | $77,000,000 |
| Georgia | Fort Gordon | $99,000,000 |
| Hawaii | Wheeler Army Airfield | $50,000,000 |
| Indiana | Crane Army Ammunition Activity | $16,000,000 |
| Kentucky | Fort Campbell | $50,000,000 |
| Fort Knox | $26,000,000 | |
| New Jersey | Picatinny Arsenal | $41,000,000 |
| New Mexico | White Sands Missile Range | $40,000,000 |
| New York | West Point Military Reservation | $160,000,000 |
| North Carolina | Fort Bragg | $10,000,000 |
| South Carolina | Fort Jackson | $52,000,000 |
| Texas | Fort Bliss | $24,000,000 |
| Fort Hood | $9,600,000 | |
| Virginia | Arlington National Cemetery Southern Expansion | $30,000,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
| Germany | East Camp Grafenwoehr | $31,000,000 |
| Honduras | Soto Cano Air Base | $21,000,000 |
| Korea | Camp Tango | $17,500,000 |
| Kuwait | Camp Arifjan | $44,000,000 |
(a) Construction and acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
| State/Country | Installation or Location | Units | Amount |
| Italy | Vicenza | Family Housing New Construction | $95,134,000 |
| Korea | Camp Walker | Family Housing Replacement Construction | $68,000,000 |
| Puerto Rico | Fort Buchanan | Family Housing Replacement Construction | $26,000,000 |
| Wisconsin | Fort McCoy | Family Housing New Construction | $6,200,000 |
(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $18,326,000.
SEC. 2103. Authorization of appropriations, Army.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Extension of authorizations of certain fiscal year 2015 projects.
(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3669), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (128 Stat. 3670), shall remain in effect until October 1, 2019, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020, whichever is later.
SEC. 2105. Extension of authorizations of certain fiscal year 2016 project.
(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145) the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (129 Stat. 1146), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
SEC. 2201. Authorized Navy construction and land acquisition projects.
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Arizona | Camp Navajo | $14,800,000 |
| California | Camp Pendleton | $199,630,000 |
| Coronado | $77,780,000 | |
| Lemoore | $112,690,000 | |
| Miramar | $31,980,000 | |
| Point Mugu | $22,150,000 | |
| San Diego | $156,540,000 | |
| San Nicolas Island | $31,010,000 | |
| Seal Beach | $139,630,000 | |
| District of Columbia | Naval Observatory | $115,600,000 |
| Florida | Mayport | $111,460,000 |
| Naval Air Station Whiting Field | $10,000,000 | |
| Georgia | Marine Corps Logistics Base Albany | $31,900,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $45,000,000 |
| Kaneohe Bay | $66,100,000 | |
| Pearl City | $78,320,000 | |
| Maine | Kittery | $149,685,000 |
| Mississippi | Naval Construction Battalion Center | $22,300,000 |
| North Carolina | Cherry Point Marine Corps Air Station | $240,830,000 |
| Camp Lejeune | $51,300,000 | |
| Pennsylvania | Philadelphia | $71,050,000 |
| South Carolina | Beaufort | $15,817,000 |
| Parris Island | $35,190,000 | |
| Utah | Hill Air Force Base | $105,520,000 |
| Virginia | Portsmouth | $26,120,000 |
| Quantico | $13,100,000 | |
| Washington | Bangor | $88,960,000 |
| Whidbey Island | $27,380,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Bahamas | Andros Island | $31,050,000 |
| Bahrain Island | SW Asia | $26,340,000 |
| Cuba | Guantanamo Bay | $85,000,000 |
| Germany | Panzer Kaserne | $43,950,000 |
| Guam | Joint Region Marianas | $279,657,000 |
| Japan | Kadena Air Base | $9,049,000 |
(a) Construction and acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units, and in the amount set forth in the following table:
| State | Installation or Location | Units | Amount |
| Guam | Joint Region Marianas | Replace Andersen Housing PH III | $83,441,000 |
(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,502,000.
SEC. 2203. Improvements to military family housing units.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $16,638,000.
SEC. 2204. Authorization of appropriations, Navy.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2301. Authorized Air Force construction and land acquisition projects.
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alaska | Eielson Air Force Base | $63,800,000 |
| Arizona | Davis-Monthan Air Force Base | $15,000,000 |
| Luke Air Force Base | $40,000,000 | |
| Florida | Eglin Air Force Base | $62,863,000 |
| MacDill Air Force Base | $3,100,000 | |
| Maryland | Joint Base Andrews | $50,000,000 |
| Massachusetts | Hanscom Air Force Base | $225,000,000 |
| Nebraska | Offutt Air Force Base | $9,500,000 |
| Nevada | Creech Air Force Base | $59,000,000 |
| Nellis Air Force Base | $5,900,000 | |
| New Mexico | Holloman Air Force Base | $85,000,000 |
| Kirtland Air Force Base | $7,000,000 | |
| New York | Rome Lab | $14,200,000 |
| North Dakota | Minot Air Force Base | $66,000,000 |
| Ohio | Wright-Patterson Air Force Base | $116,100,000 |
| Oklahoma | Altus Air Force Base | $12,000,000 |
| Tinker Air Force Base | $166,000,000 | |
| South Carolina | Shaw Air Force Base | $53,000,000 |
| Utah | Hill Air Force Base | $26,000,000 |
| Washington | White Bluff | $14,000,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
| Guam | Joint Region Marianas | $9,800,000 |
| Mariana Islands-Tinian | Tinian | $50,700,000 |
| Qatar | Al Udeid | $70,400,000 |
| United Kingdom | RAF Lakenheath | $148,467,000 |
| Worldwide Classified | Classified Location | $18,000,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,199,000.
SEC. 2303. Improvements to military family housing units.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $75,247,000.
SEC. 2304. Authorization of appropriations, Air Force.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2305. Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017.
In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, for JIAC Consolidation Phase 1, the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for Croughton Royal Air Force, for JIAC Consolidation Phase 2, and the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2697) for Royal Air Force Croughton, for JIAC Consolidation Phase 3, the location shall be United Kingdom, Unspecified.
SEC. 2306. Modification of authority to carry out certain fiscal year 2017 project.
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2696) for Joint Base San Antonio, Texas, for construction of a basic military training recruit dormitory, the Secretary of the Air Force may construct a 26,537 square meter dormitory in the amount of $92,300,000.
SEC. 2307. Modification of authority to carry out certain fiscal year 2018 project.
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of