Bill Sponsor
House Bill 5515
115th Congress(2017-2018)
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Became Law
Amendments
Became Law
Became Public Law 115-232 on Aug 13, 2018
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Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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H. R. 5515 (Placed-on-Calendar-Senate)

Calendar No. 442

115th CONGRESS
2d Session
H. R. 5515


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


IN THE SENATE OF THE UNITED STATES

June 4, 2018

Received

June 5, 2018

Read twice and placed on the calendar


AN ACT

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

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

SECTION 1. Short title.

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

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

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

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

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

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

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

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

(7) Division G—Funding Tables.

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


Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.


Sec. 101. Authorization of appropriations.

Sec. 111. National Guard and reserve component equipment report.

Sec. 112.  Limitation on availability of funds for M27 Infantry Automatic Rifle program.

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

Sec. 122. Procurement authority for Ford class aircraft carrier program.

Sec. 123. Full ship shock trial for Ford class aircraft carrier.

Sec. 124. Multiyear procurement authority for amphibious vessels.

Sec. 125. Multiyear procurement authority for standard missile–6.

Sec. 126. Multiyear procurement authority for E–2D aircraft.

Sec. 127. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft.

Sec. 128. Modifications to F/A–18 aircraft to mitigate physiological episodes.

Sec. 129. Frigate class ship program.

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

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

Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft.

Sec. 142. Limitation on use of funds for KC-46A aircraft pending submittal of certification.

Sec. 143. Retirement date for VC–25A aircraft.

Sec. 144. Contract for logistics support for VC–25B aircraft.

Sec. 145. Multiyear procurement authority for C–130J aircraft.

Sec. 146. Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program.

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

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

Sec. 151. Buy-to-budget acquisition of F–35 aircraft.

Sec. 152. Certification on inclusion of technology to minimize physiological episodes in certain aircraft.

Sec. 153. Armored commercial passenger-carrying vehicles.

Sec. 201. Authorization of appropriations.

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

Sec. 212. Extension of directed energy prototype authority.

Sec. 213. Prohibition on availability of funds for the Weather Common Component program.

Sec. 214. Limitation pending certification on the Joint Surveillance Target Attack Radar System recapitalization program.

Sec. 215. Limitation on availability of funds for F–35 continuous capability development and delivery.

Sec. 216. Limitation on availability of funds pending report on Agile Software Development and Software Operations.

Sec. 217. Limitation on availability of funds for certain high energy laser advanced technology.

Sec. 218. Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense.

Sec. 219. National Security Science And Technology Strategy.

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

Sec. 220A. Establishment of innovators database in the Department of Defense.

Sec. 220B. Strategic plan for Department of Defense test and evaluation resources.

Sec. 220C. Collaboration between Defense laboratories, industry, and academia; open campus program.

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

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

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

Sec. 220G. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

Sec. 220H. STEM jobs action plan.

Sec. 221. Report on survivability of air defense artillery.

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

Sec. 223. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers.

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

Sec. 225. Report on Defense Innovation Unit Experimental.

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

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

Sec. 228. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

Sec. 229. Report on OA–X light attack aircraft applicability to partner nation support.

Sec. 230. Funding for development of canine plasma for hemorrhagic control.

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

Sec. 301. Authorization of appropriations.

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

Sec. 312. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located.

Sec. 313. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense.

Sec. 314. State management and conservation of species.

Sec. 315. Department of Defense environmental restoration programs.

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

Sec. 317. Explosive Ordnance Disposal Defense Program.

Sec. 318. Joint study on the impact of wind farms on weather radars and military operations.

Sec. 319. Core sampling at Joint Base San Antonio, Texas.

Sec. 321. Examination of naval vessels.

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

Sec. 323. Limitation on length of overseas forward deployment of naval vessels.

Sec. 324. Temporary modification of workload carryover formula.

Sec. 325. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam.

Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Repair Center.

Sec. 327. Army advanced and additive manufacturing center of excellence.

Sec. 328. Report on pilot program for micro-reactors.

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

Sec. 331. Matters for inclusion in quarterly reports on personnel and unit readiness.

Sec. 332. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations.

Sec. 333. Surface warfare training improvement.

Sec. 334. Report on optimizing surface Navy vessel inspections and crew certifications.

Sec. 335. Report on depot-level maintenance and repair.

Sec. 336. Report on personal protective equipment requirements for civil response teams to volcanic activity.

Sec. 337. Report on wildfire suppression capabilities of active and reserve components.

Sec. 338. Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines.

Sec. 341. Coast Guard representation on explosive safety board.

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

Sec. 343. Sense of Congress regarding critical minerals.

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

Sec. 345. Notification requirements relating to changes to military uniform components.

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

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

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

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.

Sec. 421. Military personnel.

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

Sec. 502. Surface warfare officers career paths.

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

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

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

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

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

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

Sec. 509. Grades of Chiefs of Chaplains.

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

Sec. 512. Authorized strength and distribution in grade.

Sec. 513. National Guard Promotion Accountability.

Sec. 514. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Sec. 515. National Guard Youth Challenge Program.

Sec. 516. National Guard Youth Challenge Program.

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

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

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

Sec. 521. Enlistments vital to the national interest.

Sec. 522. Statement of benefits.

Sec. 523. Modification to forms of support that may be accepted in support of the mission of the Defense POW/MIA Accounting Agency.

Sec. 524. Correction of military records website.

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

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

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

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

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

Sec. 530. Attending Physician to the Congress.

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

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

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

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

Sec. 535. Improved crime reporting.

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

Sec. 541. Security clearance reinvestigation of certain personnel who commit certain offenses.

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

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

Sec. 544. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy.

Sec. 545. Development of resource guides regarding sexual assault for the military service academies.

Sec. 546. Report on victims in MCIO reports.

Sec. 547. Definition of military sexual trauma.

Sec. 551. Permanent career intermission program.

Sec. 552.  Improvements to Transition Assistance Program.

Sec. 553. Employment and compensation of civilian faculty members at the Joint Special Operations University.

Sec. 554. Program to assist members of the Armed Forces in obtaining professional credentials.

Sec. 555. Extension of pilot program to assist members in obtaining post-service employment.

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

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

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

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

Sec. 560. Atomic veterans service medal.

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

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

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

Sec. 560D. Transition outreach pilot program.

Sec. 561. Enhancement and clarification of family support services for family members of members of special operations forces.

Sec. 562. Additional matters for assessment and report on childcare services of the Department of Defense.

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

Sec. 564. Department of Defense Education Activity misconduct database.

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

Sec. 566. Flexible maternity and parental leave.

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

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

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

Sec. 570. Assessment and report on active shooter threat mitigation at schools located on military installations.

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

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

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

Sec. 574. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

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

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

Sec. 581. Public availability of top-line numbers of deployed members of the Armed Forces.

Sec. 582. Criteria for interment at Arlington National Cemetery.

Sec. 583. Report on general and flag officer costs.

Sec. 584. Report on outside employment of senior personnel.

Sec. 585. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

Sec. 586. Inclusion of blast exposure history in service records.

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

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

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

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

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

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

Sec. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Sec. 594. Use of mobile applications for training manuals.

Sec. 595. Addressing attrition levels of women in the military.

Sec. 596. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Sec. 597. Report regarding possible improvements to processing retirements and medical discharges.

Sec. 598. Chaplaincies of the Armed Forces.

Sec. 601. Prompt review of request for imminent danger pay.

Sec. 602. Application of basic allowance for housing to members of the uniformed services in the Virgin Islands.

Sec. 603. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation.

Sec. 604. Military Housing Privatization Initiative.

Sec. 605. Per diem allowance policies.

Sec. 606. Report on imminent danger pay and hostile fire pay.

Sec. 607. Sense of Congress regarding the widows’ tax.

Sec. 608. Reevaluation of BAH for the military housing area including Staten Island.

Sec. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.

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

Sec. 621. Expansions of installation benefits to surviving spouses, dependent children, and other next of kin.

Sec. 622. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

Sec. 623. Extension of parking expenses allowance to civilian employees at recruiting facilities.

Sec. 624. Advisory boards regarding military commissaries and exchanges.

Sec. 625. Study and report on development of a single defense resale system.

Sec. 626. Designation of new beneficiary under the Survivor Benefit Plan.

Sec. 627. Report regarding management of military commissaries and exchanges.

Sec. 628. Access for veterans to certain fitness centers.

Sec. 629. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers.

Sec. 701. TRICARE Medicare Advantage demonstration program.

Sec. 702. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.

Sec. 703. Pilot program on cryopreservation and storage.

Sec. 704. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Sec. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces.

Sec. 711. Transition of administration by Defense Health Agency of military medical treatment facilities.

Sec. 712. Sharing information with State prescription drug monitoring programs.

Sec. 713. Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces.

Sec. 714. Improvements to trauma center partnerships.

Sec. 715. Wounded warrior policy review.

Sec. 716. Joint force medical capabilities development and standardization.

Sec. 717. Burn patient transfer system.

Sec. 718. Report on MHS Genesis electronic health record system.

Sec. 721. Establishment of TriService Dental Research Program.

Sec. 722. Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Sec. 723. Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund.

Sec. 724. Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense.

Sec. 725. Medical simulation technology and live tissue training within the Department of Defense.

Sec. 726. Limitation on changes to Federal Emergency Services certification levels of the Air Force.

Sec. 727. Strategic medical research plan.

Sec. 728. Independent evaluation of mental health care.

Sec. 729. Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

Sec. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico.

Sec. 731. Study on health effects relating to activity of the Armed Forces on Vieques.

Sec. 732. Strategy to recruit and retain mental health providers.

Sec. 733. Study on earning by special operations forces medics of credits towards a physician assistant degree.

Sec. 734. Study of drug shortages and impact on members of the Armed Forces.

Sec. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system.

Sec. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces.

Sec. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder.

Sec. 738. Pilot program on mindfulness-based stress reduction in pre-deployment training.

Sec. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

Sec. 800. Effective dates; coordination of amendments.

Sec. 801. Framework for new part V of subtitle A.

Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United States Code—Air Force.

Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United States Code—Navy and Marine Corps.

Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United States Code—Army.

Sec. 809. Cross references to redesignated sections and chapters.

Sec. 811. Amendment to and repeal of statutory requirements for certain positions or offices in the Department of Defense.

Sec. 812. Repeal of certain defense acquisition laws.

Sec. 813. Repeal of certain Department of Defense reporting requirements.

Sec. 821. Contract goal for the AbilityOne program.

Sec. 822. Increased micro-purchase threshold applicable to Department of Defense procurements.

Sec. 823. Preference for offerors employing veterans.

Sec. 824. Revision of requirement to submit information on services contracts to Congress.

Sec. 825. Data collection and inventory for services contracts.

Sec. 826. Competition requirements for purchases from Federal Prison Industries.

Sec. 827. Requirement for a fair and reasonable price for technical data before development or production of major weapon systems.

Sec. 828.  Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs.

Sec. 829. Revision of timeline for use of the rapid fielding pathway for acquisition programs.

Sec. 830. Clarification of services contracting definitions.

Sec. 831. Revision of definition of commercial item for purposes of Federal acquisition statutes.

Sec. 832. Definition of subcontract.

Sec. 833. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law and certain executive orders and regulations.

Sec. 834. Modifications to procurement through commercial e-commerce portals.

Sec. 835. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items.

Sec. 841. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 842. Report on domestic sourcing of specific components for all Naval vessels.

Sec. 843. Removal of national interest determination requirements for certain entities.

Sec. 844. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

Sec. 845. Security of Department of Defense telecommunication services.

Sec. 846. Sense of Congress on unmanned ground vehicle technology.

Sec. 851. Department of Defense small business strategy.

Sec. 852. Prompt payments of small business contractors.

Sec. 853. Increased participation in the Small Business Administration microloan program.

Sec. 854. Amendments to Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sec. 855. Construction contract administration.

Sec. 856. Broadband and emerging information technology coordinator.

Sec. 857. Amendments to the Small Business Investment Act of 1958.

Sec. 858. Consolidated budget justification for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sec. 859. Funding for procurement technical assistance program.

Sec. 860. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Sec. 861. SCORE.

Sec. 862. Procurement Technical Assistance Centers.

Sec. 863. Commercialization Assistance Pilot Program.

Sec. 864. Puerto Rico businesses.

Sec. 865. United States Virgin Islands Small Business Contracting Assistance.

Sec. 866. Opportunities for employee-owned business concerns through Small Business Administration loan programs.

Sec. 867. Veteran Entrepreneurship Training.

Sec. 868. Improvement of small business development centers program.

Sec. 871. Additional requirements for negotiations for noncommercial computer software.

Sec. 872. Removal of requirement for risk and sensitivity analysis of baseline estimates in Selected Acquisition Reports.

Sec. 873. Prohibition on acquisition of sensitive materials from non-allied foreign nations.

Sec. 874. Transfer or possession of defense items for national defense purposes.

Sec. 875. Expedited hiring authority for shortage category positions in the acquisition workforce.

Sec. 876. Extension of prohibition on providing funds to the enemy.

Sec. 877. Repeal of certain determinations required for grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards.

Sec. 878. Reporting on projects performed through transactions other than contracts, cooperative agreements, and grants.

Sec. 879. Standardization of formatting and public accessibility of Department of Defense reports to Congress.

Sec. 880. Defending United States Government communications.

Sec. 881. Promotion of the use of Government-wide and other interagency contracts.

Sec. 882. Increasing competition at the task order level.

Sec. 883. Individual acquisition for commercial leasing services.

Sec. 884. Procurement administrative lead time definition and plan.

Sec. 885. Report on funding of product support strategies.

Sec. 886. Use of lowest price technically acceptable source selection process.

Sec. 887. Sense of Congress regarding steel produced in the United States.

Sec. 901. Authority of Secretary of Defense to determine command and control relationships.

Sec. 902. Civilian personnel management.

Sec. 903. Performance of civilian functions by military personnel.

Sec. 904. Roles of Under Secretary of Defense for Policy and Under Secretary of Defense for Intelligence.

Sec. 905. Designation of Navy commanders.

Sec. 911. Authorities and responsibilities of the Chief Management Officer of the Department of Defense.

Sec. 912. Authorities and responsibilities of the Inspector General of the Department of Defense.

Sec. 913. Transition of certain Defense Agencies and Department of Defense Field Activities.

Sec. 914. Actions to increase the efficiency and transparency of the Defense Logistics Agency.

Sec. 915. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency.

Sec. 916. Streamlining of Defense Finance and Accounting Services.

Sec. 917. Reduction in number of Chief Information Officers in the Senior Executive Service.

Sec. 918. General provisions.

Sec. 921. Artificial Intelligence and Machine Learning Policy and Oversight Council.

Sec. 922. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy.

Sec. 923. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation.

Sec. 931. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 932. Conforming amendments to title 10, United States Code.

Sec. 933. Other provisions of law and other references.

Sec. 934. Effective date.

Sec. 1001. General transfer authority.

Sec. 1002. Expertise in audit remediation.

Sec. 1003. Authority to transfer funds to Director of National Intelligence for CAPNET.

Sec. 1004. Independent public accountant audit of financial systems of the Department of Defense.

Sec. 1005. Report on auditable financial statements.

Sec. 1011. Department of Defense support for combating opioid trafficking and abuse.

Sec. 1021. Inclusion of operation and sustainment costs in annual naval vessel construction plans.

Sec. 1022. Purchase of vessels using funds in National Defense Sealift Fund.

Sec. 1023. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund.

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

Sec. 1025. Retention of Navy hospital ship capability.

Sec. 1031. Definition of sensitive military operation.

Sec. 1032. 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. 1033. 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. 1034. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1041. Notification on the provision of defense sensitive support.

Sec. 1042. Coordinating United States response to malign foreign influence operations and campaigns.

Sec. 1043. Workforce issues for military realignments in the Pacific.

Sec. 1044. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment.

Sec. 1045. Limitation on availability of funds for unmanned surface vehicles.

Sec. 1046. Program for Department of Defense controlled unclassified information in the hands of industry.

Sec. 1047. Protection of emerging and foundational technologies.

Sec. 1048. Airborne Hazards and Open Burn Pit Registry.

Sec. 1049. Evaluation of pilot safety by Military Aviation and Installation Assurance Siting Clearinghouse.

Sec. 1050. Sale of surplus Department of Defense equipment to eligible farmers.

Sec. 1050A. National Security Commission on Artificial Intelligence.

Sec. 1050B. Expansion of definition of covered facility or asset for purposes of protection from unmanned aircraft.

Sec. 1051. Additional matter for inclusion in annual report on civilian casualties in connection with United States military operations.

Sec. 1052. Department of Defense Review and Assessment on Advances, Opportunities, and Risks Related to Artificial Intelligence and Machine Learning.

Sec. 1053. Report on Joint Enterprise Defense Infrastructure.

Sec. 1054. Report on proposed consolidation of Department of Defense global messaging and counter messaging capabilities.

Sec. 1055. Comprehensive review of professionalism and ethics programs for special operations forces.

Sec. 1056. Munitions assessments and future-years defense program requirements.

Sec. 1057. Report on establishment of Army Futures Command.

Sec. 1058. Assessment of Department of Defense electromagnetic spectrum warfare enterprise.

Sec. 1059. Report on support for non-contiguous States and territories in the event of threats and incidents.

Sec. 1060. Report on low-boom flight demonstration.

Sec. 1061. Report on cyber-enabled information operations.

Sec. 1062. Briefing on unmanned aircraft in Arlington National Cemetery.

Sec. 1063. Report on an updated arctic strategy.

Sec. 1064. Report on desalinization technology.

Sec. 1065. Report on implementation of recommendations in Defense Business Board study.

Sec. 1071. Technical, conforming, and clerical amendments.

Sec. 1072. Principal Advisor on Countering Weapons of Mass Destruction.

Sec. 1073. Receipt of firearm or ammunition.

Sec. 1074. Federal charter for Spirit of America.

Sec. 1075. Transfer of aircraft to other departments.

Sec. 1076. Reauthorization of National Aviation Heritage Area.

Sec. 1077. Recognition of America’s veterans.

Sec. 1078. National Commission on Military Aviation Safety.

Sec. 1079. Target practice and marksmanship training support.

Sec. 1080. Sense of congress on adversary air capabilities.

Sec. 1081. Sense of Congress regarding organic attack aviator training capability.

Sec. 1082. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces.

Sec. 1083. Amateur radio parity.

Sec. 1084. Sense of Congress regarding the international borders of the United States.

Sec. 1085. Program to commemorate 75th anniversary of World War II.

Sec. 1086. Compliance with requirements relating to reciprocity of security clearance and access determinations.

Sec. 1087. Assessment regarding eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act.

Sec. 1088. Use of GI benefits for agriculture-related education programs.

Sec. 1089. Arctic survival training.

Sec. 1090. Privacy protections for electronic communications information that is stored by third-party service providers.

Sec. 1091. Lessons learned and best practices on progress of gender integration implementation in the Armed Forces.

Sec. 1092. Report on readiness of National Guard to respond to natural disasters.

Sec. 1093. Report on use and availability of military installations for disaster response.

Sec. 1094. Promoting Federal procurement with historically Black colleges and universities and minority institutions.

Sec. 1095. Clarification of reimbursable allowed costs of FAA memoranda of agreement.

Sec. 1096. Disclosure requirements for United States-based foreign media outlets.

Sec. 1097. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs.

Sec. 1098. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.

Sec. 1099. Study on recruitment of students with experience in certain technical fields.

Sec. 1099A. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.

Sec. 1099B. Sense of Congress regarding explosive ordnance disposal.

Sec. 1099C. Authorization of appropriations for research on women’s contributions to security.

Sec. 1099D. National strategy for countering violent extremism.

Sec. 1099E. Inclusion of certain names on the Vietnam Veterans Memorial.

Sec. 1101. Direct hire authority for the Department of Defense for certain competitive service positions.

Sec. 1102. Modification of direct hire authority for the Department of Defense for post-secondary students and recent graduates.

Sec. 1103. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.

Sec. 1104. One-year extension and expansion of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1105. Appointment of retired members of the armed forces to positions in or under the Department of Defense.

Sec. 1106. Extension of authority to conduct telework travel expenses test programs.

Sec. 1107. Personnel demonstration projects.

Sec. 1108. Expanded flexibility in selecting candidates from referral lists.

Sec. 1109. Temporary and term appointments in the competitive service.

Sec. 1110. Expedited hiring authority for college graduates and post-secondary students.

Sec. 1111. Presidential allowance modernization.

Sec. 1112. Reporting requirement.

Sec. 1201.  Report on the use of security cooperation authorities.

Sec. 1202.  Clarification of authority to waive certain expenses for activities of the Regional Centers for Security Studies.

Sec. 1203.  NATO Strategic Communications Center of Excellence.

Sec. 1204.  NATO Cooperative Cyber Defense Center of Excellence.

Sec. 1205.  Participation in and support of the Inter-American Defense College.

Sec. 1206.  Increase in cost limitation for small scale construction related to security cooperation.

Sec. 1207.  Report on security cooperation with Haiti.

Sec. 1208.  Review and report on processes and procedures used to carry out section 362 of title 10, United States Code.

Sec. 1209. Report on allied contributions to the common defense.

Sec. 1210. Enhanced military activities.

Sec. 1210A. Report on security cooperation programs and activities of the Department of Defense in certain foreign countries.

Sec. 1210B. Modifications to congressional notification requirements regarding support for operations and capacity building.

Sec. 1211.  Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1212.  Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1213.  Extension and modification of Commanders’ Emergency Response Program.

Sec. 1214.  Report on assistance to Pakistan.

Sec. 1215. Sense of Congress relating to Dr. Shakil Afridi.

Sec. 1221.  Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1222.  Extension 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.  Sense of Congress on ballistic missile cooperation to counter Iran.

Sec. 1225.  Strategy to counter destabilizing activities of Iran.

Sec. 1226.  Report on compliance of Iran under the Chemical Weapons Convention.

Sec. 1227.  Report on potential release of chemical weapons or chemical weapons precursors from Barzeh Research and Development Center and Him Shinshar chemical weapons storage and bunker facilities in Homs province of Syria.

Sec. 1228.  Report on cooperation between Iran and the Russian Federation.

Sec. 1229. Report on Iranian support of proxy forces in Syria and Lebanon.

Sec. 1230. Sense of Congress on the lack of authorization for the use of the Armed Forces against Iran.

Sec. 1230A. Rule of construction.

Sec. 1230B. Afghanistan security.

Sec. 1230C. Sense of Congress on ballistic missile program of Iran.

Sec. 1230D. Limitation on assistance to the Ministry of the Interior of the Government of Iraq.

Sec. 1230E. Report on Iranian expenditures supporting foreign military and terrorist activities.

Sec. 1230F. Imposition of sanctions.

Sec. 1230G. Report on United States strikes against Syria.

Sec. 1230H. Report on United States military strikes against Syria.

Sec. 1230I. Report on evolving financing mechanisms leveraged by the Islamic State and affiliate entities.

Sec. 1231.  Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1232.  Limitation on availability of funds relating to implementation of the Open Skies Treaty.

Sec. 1233.  Comprehensive response to the Russian Federation’s material breach of the INF Treaty.

Sec. 1234.  Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1235.  Statement of policy on United States military investment in Europe.

Sec. 1236.  Imposition of sanctions with respect to certain persons providing sophisticated goods, services, or technologies for use in the production of major defense equipment or advanced conventional weapons.

Sec. 1237.  Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1238.  Sense of Congress regarding Russia’s violations of the Chemical Weapons Convention.

Sec. 1239.  United States actions regarding material breach of INF Treaty by the Russian Federation.

Sec. 1240.  Limitation on availability of funds to extend the implementation of the New Start Treaty.

Sec. 1241. Report on Kremlin-linked corruption.

Sec. 1242. Report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan.

Sec. 1251.  Support for Indo-Pacific stability initiative.

Sec. 1252.  United States strategy on China.

Sec. 1253.  Strengthening Taiwan’s force readiness.

Sec. 1254.  Modification, redesignation, and extension of Southeast Asia Maritime Security Initiative.

Sec. 1255.  Missile defense exercises in the Indo-Pacific region with United States regional allies and partners.

Sec. 1256.  Quadrilateral cooperation and exercise.

Sec. 1257.  Name of United States Indo-Pacific Command.

Sec. 1258.  Requirement for critical languages and expertise in Chinese, Korean, and Russian.

Sec. 1259.  Modification of report required under enhancing defense and security cooperation with India.

Sec. 1260.  Statement of policy on naval vessel transfers to Japan.

Sec. 1261.  Report and public notification on China’s military, maritime, and air activities in the Indo-Pacific region.

Sec. 1262.  Senior defense engagement with Taiwan.

Sec. 1263.  Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea.

Sec. 1264.  Enhancing missile defense cooperation with partners.

Sec. 1265. Reinstatement of reporting requirements with respect to United States-Hong Kong relations.

Sec. 1266. Report on North Korea.

Sec. 1267. Rule of construction regarding use of force against North Korea.

Sec. 1268. Review of controlled items with respect to China.

Sec. 1269. Humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region.

Sec. 1271.  Report on status of the United States relationship with the Republic of Turkey.

Sec. 1272.  Sense of Congress on unity of Gulf Cooperation Council member countries.

Sec. 1273.  Report on United States Government police training and equipping programs for Mexico.

Sec. 1274.  Authority to increase engagement and military-to-military cooperation with Western Balkans countries.

Sec. 1275.  Technical corrections relating to defense security cooperation statutory reorganization.

Sec. 1276.  United States-Israel countering unmanned aerial systems cooperation.

Sec. 1277.  Three-year extension of authorization of non-conventional assisted recovery capabilities.

Sec. 1278.  Revision of statutory references to former NATO support organizations and related NATO agreements.

Sec. 1279.  Sense of the Congress concerning military-to-military dialogues.

Sec. 1280.  Modifications to Global Engagement Center.

Sec. 1281.  Report on acquisition and cross-servicing agreements.

Sec. 1282.  Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1283.  Certification and authority to terminate funding for academic research relating to foreign talent programs.

Sec. 1284.  Sense of Congress on support for Georgia.

Sec. 1285.  Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1286.  Report on United States strategy in Yemen.

Sec. 1287.  Report on Hizballah.

Sec. 1288. Rule of construction.

Sec. 1289. Modification of freedom of navigation reporting requirements.

Sec. 1290. Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization.

Sec. 1291. Sense of Congress and reaffirming the commitment of the United States to the North Atlantic Treaty Organization (NATO).

Sec. 1292. Sense of Congress relating to increases in defense capabilities of United States allies.

Sec. 1293. Report on threats by the Muslim Brotherhood.

Sec. 1294. Report by Defense Intelligence Agency on certain military capabilities of China and Russia.

Sec. 1295. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

Sec. 1296. Report on interference in Libya by military and security forces of other foreign nations.

Sec. 1297. Sense of Congress regarding building an international coalition to counter hybrid threats.

Sec. 1298. Modification to annual report on military and security developments involving the People’s Republic of China.

Sec. 1299. United States security and humanitarian support strategy for Yemen.

Sec. 1299A. Report on Bangladesh.

Sec. 1299B. United States cybersecurity cooperation with Ukraine.

Sec. 1299C.  Briefing on China’s military installation in the Republic of Djibouti.

Sec. 1299D. Sense of Congress with respect to the 3 Seas Initiative.

Sec. 1299E. Report on violence and cartel activity in Mexico.

Sec. 1299F. Report on Department of Defense missions, operations, and activities in Niger and the broader region.

Sec. 1299G. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.

Sec. 1299H. Report on Honduras, Guatemala, and El Salvador.

Sec. 1299I. Report on countries and enemy groups against which the United States has taken military action.

Sec. 1299J. Importance of exchanges between the Department of State and the Department of Defense.

Sec. 1299K. Investigation to determine if coalition partners or United States military or intelligence personnel violated Federal law or Department of Defense policy while conducting operations in Yemen.

Sec. 1299L. Inclusion of influence operations in annual military reports to Congress.

Sec. 1299M. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1299N. Security cooperation with Eritrea.

Sec. 1299O–1. Limitation on security assistance and security cooperation.

Sec. 1299O–2. Imposition of sanctions with respect to certain foreign persons.

Sec. 1299O–3. Responsibility and transparency in the mining sector.

Sec. 1299O–4. Determination and report on accountability for ethnic cleansing, crimes against humanity, and genocide in Burma.

Sec. 1299O–5. Appropriate congressional committees.

Sec. 1301. Funding allocations.

Sec. 1302. Specification of cooperative threat reduction funds.

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.

Sec. 1406.  National defense sealift fund.

Sec. 1411.  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. 1412.  Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1413.  Quarterly briefing on progress of chemical demilitarization program.

Sec. 1501.  Purpose of certain authorizations of appropriations.

Sec. 1502.  Procurement.

Sec. 1503.  Research, development, test, and evaluation.

Sec. 1504.  Operation and maintenance.

Sec. 1505.  Military personnel.

Sec. 1506.  Working capital funds.

Sec. 1507.  Drug interdiction and counter-drug activities, defense-wide.

Sec. 1508.  Defense inspector general.

Sec. 1509.  Defense health program.

Sec. 1511.  Treatment as additional authorizations.

Sec. 1512.  Special transfer authority.

Sec. 1521.  Afghanistan Security Forces Fund.

Sec. 1522.  Joint Improvised-Threat Defeat Fund.

Sec. 1523. Separate account lines for overseas contingency operations funds.

Sec. 1524. Enduring costs funded through overseas contingency operations.

Sec. 1525. Comptroller General report on use of funds provided by Overseas Contingency Operations.

Sec. 1601. Improvements to acquisition system, personnel, and organization of space forces.

Sec. 1602. Rapid, responsive, and reliable space launch.

Sec. 1603. Provision of space situational awareness services and information.

Sec. 1604. Budget assessments for national security space programs.

Sec. 1605. Enhancement of positioning, navigation, and timing capacity.

Sec. 1606. Use of small- and medium-size buses for strategic and tactical satellite payloads.

Sec. 1607. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards.

Sec. 1608. Designation of component of Department of Defense responsible for coordination of hosted payload information.

Sec. 1609. Limitation on availability of funds for Joint Space Operations Center mission system.

Sec. 1610. Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems.

Sec. 1611. Report on protected satellite communications.

Sec. 1612. Plan on space warfighting readiness.

Sec. 1613. Study on space-based radio frequency mapping.

Sec. 1614. Plan to provide persistent weather imagery for United States Central Command.

Sec. 1615. Independent study on space launch locations.

Sec. 1616. Report on space debris.

Sec. 1617. Briefing on commercial satellite servicing capabilities.

Sec. 1621. Role of Under Secretary of Defense for Intelligence.

Sec. 1622. Security clearance for dual nationals.

Sec. 1623. Department of Defense Counterintelligence polygraph program.

Sec. 1624. Defense intelligence business management systems.

Sec. 1625. Modification to annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1626. Prohibition on the availability of funds for Department of Defense assuming background investigation mission for the Federal Government.

Sec. 1631. Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure.

Sec. 1632. Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense.

Sec. 1633. Transfer of responsibility for the Department of Defense Information Network to United States Cyber Command.

Sec. 1634. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure.

Sec. 1635. Pilot program on regional cyber security training center for the Army National Guard.

Sec. 1636. Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information.

Sec. 1637. Cyber institutes at the senior military colleges.

Sec. 1638. Study and report on reserve component cyber civil support teams.

Sec. 1639. Inclusion of computer programming and cybersecurity in curriculum of Junior Reserve Officers' Training Corps.

Sec. 1640. Department of Defense Cyber Scholarship Program scholarships and grants.

Sec. 1640A. Report on transition of sharkseer program.

Sec. 1640B. Report on Cybersecurity Apprentice Program.

Sec. 1641. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council.

Sec. 1642. Long-range standoff weapon requirements.

Sec. 1643. Acceleration of ground-based strategic deterrent program and long-range standoff weapon program.

Sec. 1644. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1645. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1646. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1647. Independent study on nuclear weapons launch-under-attack option.

Sec. 1648. Extension of annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.

Sec. 1649. Sense of Congress on nuclear posture of the United States.

Sec. 1650. Sense of Congress on extended nuclear deterrence in the Indo-Pacific region.

Sec. 1661. Development of persistent space-based sensor architecture.

Sec. 1662. Boost phase ballistic missile defense.

Sec. 1663. Improvements to research and development and acquisition processes of Missile Defense Agency.

Sec. 1664. Layered defense of the United States homeland.

Sec. 1665. Testing of redesigned kill vehicle prior to production.

Sec. 1666. Requirements for ballistic missile defense capable ships.

Sec. 1667. Multiyear procurement authority for standard missile–3 block IB missiles.

Sec. 1668. Limitation on availability of funds for Army lower tier air and missile defense sensor.

Sec. 1669. Missile defense radar in Hawaii.

Sec. 1670. Reports on unfunded priorities of the Missile Defense Agency.

Sec. 1671. Report on ballistic missile defense.

Sec. 1672. Sense of Congress on missile and rocket defense cooperation between the United States and Israel.

Sec. 1673. Report on countermeasures test program.

Sec. 1681. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events.

Sec. 1682. Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors.

Sec. 1683. Conventional prompt global strike hypersonic capabilities.

Sec. 1684. Report regarding industrial base for large solid rocket motors.

Sec. 1685. National intelligence estimate with respect to Russian and Chinese interference in democratic countries.

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

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. 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.

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.

Sec. 2309. Additional authority to carry out project at Travis Air Force Base, California, in fiscal year 2019.

Sec. 2401. Authorized defense agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, defense agencies.

Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects.

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2511. Republic of Korea funded construction projects.

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.

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.

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Additional authority to realign or close certain military installations.

Sec. 2703. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Sec. 2801. Commercial construction standards for facilities on leased property.

Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Small business set-aside for contracts for architectural and engineering services and construction design.

Sec. 2804. Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program.

Sec. 2805. Repeal of limitation on certain Guam project.

Sec. 2806. Enhancing force protection and safety on military installations.

Sec. 2807. Limitation on use of funds for acquisition of furnished energy for new medical center in Germany.

Sec. 2808. Treatment of leases of non-excess property entered into with insured depository institutions.

Sec. 2811. Optional participation in collection of information on unutilized and underutilized military installation properties available for homeless assistance.

Sec. 2812. Force structure plans and infrastructure capabilities necessary to support the force structure.

Sec. 2813. Retrofitting existing windows in military family housing units to be equipped with fall prevention devices.

Sec. 2814. Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects.

Sec. 2815. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services.

Sec. 2816. Promoting responsible leasing of property.

Sec. 2817. Reports on buildings and facilities subject to exceptions to accessibility standards.

Sec. 2821. Land exchange, Air Force Plant 44, Tucson, Arizona.

Sec. 2822. Authority for transfer of administrative jurisdiction over certain lands, Marine Corps Air Ground Combat Center Twentynine Palms, California, and Marine Corps Air Station Yuma, Arizona.

Sec. 2823. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California.

Sec. 2824. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia.

Sec. 2825. Authority for leasing real property at the Naval Air Station Key West, Florida.

Sec. 2826. Sense of Congress regarding land conveyance, Mountain View, California.

Sec. 2827. Public inventory of Guam land parcels for transfer to Government of Guam.

Sec. 2828. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2829. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.

Sec. 2830. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana.

Sec. 2830A. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

Sec. 2830B. Commemoration of Freedman's Village, Arlington County, Virginia.

Sec. 2831. Indefinite duration of certain military land withdrawals and reservations and improved management of withdrawn and reserved lands.

Sec. 2832. Designation of potential wilderness area.

Sec. 2841. Defense community infrastructure program.

Sec. 2842. Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands.

Sec. 2843. Study and report on Coleman Bridge, York River, Virginia.

Sec. 2844. Certifications required prior to transfer of certain veterans memorial object.

Sec. 2845. Battleship preservation grant program.

Sec. 2846. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station.

Sec. 2847. Modification to First Division Monument.

Sec. 2848. Defense access roads relating to closures due to sea level rise and flooding.

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.

Sec. 2906. Restrictions on use of funds for planning and design costs of European Deterrence Initiative projects.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Sec. 3111. Security clearance for dual nationals employed by National Nuclear Security Agency.

Sec. 3112. Department of Energy counterintelligence polygraph program.

Sec. 3113. Extension of enhanced procurement authority to manage supply chain risk.

Sec. 3114. Low-yield nuclear weapons.

Sec. 3115. Use of funds for construction and project support activities relating to MOX facility.

Sec. 3116. Prohibition on availability of funds for programs in Russian Federation.

Sec. 3117. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3118. Limitation on availability of funds relating to submission of annual reports on unfunded priorities.

Sec. 3119. Acceleration of replacement of cesium blood irradiation sources.

Sec. 3120. Nuclear forensics analyses.

Sec. 3120A. Independent assessment of plutonium strategy.

Sec. 3120B. Hanford waste tank cleanup program.

Sec. 3120C. Manufacturing Trades Education Grant Program.

Sec. 3121. Notification regarding release of contamination at Hanford site.

Sec. 3122. Sense of Congress regarding uranium mining and nuclear testing.

Sec. 3131. Inclusion of capital assets acquisition projects in activities by Director for Cost Estimating and Program Evaluation.

Sec. 3132. Whistleblower protections.

Sec. 3201. Authorization.

Sec. 3401. Authorization of appropriations.

Sec. 3402. Exclusion of certain payments from calculation for fiscal year 2019 PILT payments.

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and fire suppression requirements.

Sec. 3503. Maritime Administration National Security Multi-Mission Vessel Program.

Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war risk insurance.

Sec. 3505. Use of State maritime academy training vessels.

Sec. 3521. Alignment with Department of Defense and sea services authorities.

Sec. 3522. Preliminary development and demonstration.

Sec. 3523. Contract termination.

Sec. 3524. Reimbursement for travel expenses.

Sec. 3525. Capital investment plan.

Sec. 3526. Major acquisition program risk assessment.

Sec. 3527. Marine safety implementation status.

Sec. 3528. Retirement of Vice Commandant.

Sec. 3529. Large commercial yacht code.

Sec. 3531. Commandant defined.

Sec. 3532. Training course on workings of Congress.

Sec. 3533. Miscellaneous.

Sec. 3534. Department of Defense consultation.

Sec. 3535. Repeal.

Sec. 3536. Mission need statement.

Sec. 3537. Continuation on active duty.

Sec. 3538. System acquisition authorization.

Sec. 3539. Inventory of real property.

Sec. 3541. Definitions.

Sec. 3542. Authority to exempt vessels.

Sec. 3543. Passenger vessels.

Sec. 3544. Tank vessels.

Sec. 3545. Grounds for denial or revocation.

Sec. 3546. Miscellaneous corrections to title 46, U.S.C.

Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990.

Sec. 3548. Miscellaneous corrections.

Sec. 3549. Modification of boundaries of White Sands National Monument and White Sands Missile Range.

Sec. 4001. Short title.

Sec. 4002. Table of contents.

Sec. 4101. Initial matter.

Sec. 4102. Subtitle I.

Sec. 4103. Chapter 1.

Sec. 4104. Chapter 3.

Sec. 4105. Chapter 5.

Sec. 4106. Chapter 7.

Sec. 4107. Chapter 9.

Sec. 4108. Chapter 11.

Sec. 4109. Subtitle II.

Sec. 4110. Chapter 19.

Sec. 4111. Part II.

Sec. 4112. Chapter 21.

Sec. 4113. Chapter 23.

Sec. 4114. Chapter 25.

Sec. 4115. Part III.

Sec. 4116. Chapter 27.

Sec. 4117. Chapter 29.

Sec. 4118. Subtitle III and chapter 37.

Sec. 4119. Chapter 39.

Sec. 4120. Chapter 41.

Sec. 4121. Subtitle IV and chapter 49.

Sec. 4122. Chapter 51.

Sec. 4123. References.

Sec. 4124. Rule of construction.

Sec. 4201. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4202. Authorizations of appropriations.

Sec. 4203. Authorized levels of military strength and training.

Sec. 4204. Authorization of amounts for Fast Response Cutters.

Sec. 4205. Authorization of amounts for shoreside infrastructure.

Sec. 4206. Authorization of amounts for aircraft improvements.

Sec. 4301. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4302. Primary duties.

Sec. 4303. National Coast Guard Museum.

Sec. 4304. Unmanned aircraft.

Sec. 4305. Coast Guard health-care professionals; licensure portability.

Sec. 4306. Training; emergency response providers.

Sec. 4307. Incentive contracts for Coast Guard yard and industrial establishments.

Sec. 4308. Confidential investigative expenses.

Sec. 4309. Regular captains; retirement.

Sec. 4310. Conversion, alteration, and repair projects.

Sec. 4311. Contracting for major acquisitions programs.

Sec. 4312. Officer promotion zones.

Sec. 4313. Cross reference.

Sec. 4314. Commissioned service retirement.

Sec. 4315. Leave for birth or adoption of child.

Sec. 4316. Clothing at time of discharge.

Sec. 4317. Unfunded priorities list.

Sec. 4318. Safety of vessels of the Armed Forces.

Sec. 4319. Protecting against unmanned aircraft.

Sec. 4320. Air facilities.

Sec. 4401. Codification of Ports and Waterways Safety Act.

Sec. 4402. Conforming amendments.

Sec. 4403. Transitional and savings provisions.

Sec. 4404. Rule of construction.

Sec. 4405. Advisory committee: repeal.

Sec. 4406. Regattas and marine parades.

Sec. 4407. Regulation of vessels in territorial waters of United States.

Sec. 4408. Port, harbor, and coastal facility security.

Sec. 4501. Consistency in marine inspections.

Sec. 4502. Uninspected passenger vessels in St. Louis County, Minnesota.

Sec. 4503. Engine cut-off switch requirements.

Sec. 4504. Exception from survival craft requirements.

Sec. 4505. Safety standards.

Sec. 4506. Fishing safety grants.

Sec. 4507. Fishing, fish tender, and fish processing vessel certification.

Sec. 4508. Deadline for compliance with alternate safety compliance program.

Sec. 4509. Termination of unsafe operations; technical correction.

Sec. 4510. Technical corrections: Licenses, certificates of registry, and merchant mariner documents.

Sec. 4511. Clarification of logbook entries.

Sec. 4512. Certificates of documentation for recreational vessels.

Sec. 4513. Numbering for undocumented barges.

Sec. 4514. Backup global positioning system.

Sec. 4515. Scientific personnel.

Sec. 4516. Transparency.

Sec. 4601. National maritime transportation advisory committees.

Sec. 4602. Maritime Security Advisory Committees.

Sec. 4701. Short title.

Sec. 4702. Authorization of appropriations.

Sec. 4703. Reporting on impact of alliances on competition.

Sec. 4704. Definition of certain covered services.

Sec. 4705. Reports filed with the Commission.

Sec. 4706. Public participation.

Sec. 4707. Ocean transportation intermediaries.

Sec. 4708. Common carriers.

Sec. 4709. Negotiations.

Sec. 4710. Injunctive relief sought by the Commission.

Sec. 4711. Discussions.

Sec. 4712. Transparency.

Sec. 4713. Study of bankruptcy preparation and response.

Sec. 4714. Agreements unaffected.

Sec. 4801. Repeal of obsolete reporting requirement.

Sec. 4802. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 4803. Officer evaluation report.

Sec. 4804. Extension of authority.

Sec. 4805. Coast Guard ROTC program.

Sec. 4806. Currency detection canine team program.

Sec. 4807. Center of expertise for Great Lakes oil spill search and response.

Sec. 4808. Public safety answering points and maritime search and rescue coordination.

Sec. 4809. Ship shoal lighthouse transfer: repeal.

Sec. 4810. Land exchange, Ayakulik Island, Alaska.

Sec. 4811. Use of Tract 43.

Sec. 4812. Coast Guard maritime domain awareness.

Sec. 4813. Monitoring.

Sec. 4814. Reimbursements for non-Federal construction costs of certain aids to navigation.

Sec. 4815. Towing safety management system fees.

Sec. 4816. Oil spill disbursements auditing and report.

Sec. 4817. Fleet requirements assessment and strategy.

Sec. 4818. National Security Cutter.

Sec. 4819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers.

Sec. 4820. Great Lakes icebreaker acquisition.

Sec. 4821. Polar icebreakers.

Sec. 4822. Strategic assets in the Arctic.

Sec. 4823. Arctic planning criteria.

Sec. 4824. Vessel response plan audit.

Sec. 4825. Waters deemed not navigable waters of the United States for certain purposes.

Sec. 4826. Documentation of recreational vessels.

Sec. 4827. Equipment requirements; exemption from throwable personal flotation devices requirement.

Sec. 4828. Visual distress signals and alternative use.

Sec. 4829. Radar refresher training.

Sec. 4830. Commercial fishing vessel safety national communications plan.

Sec. 4831. Authorization for marine debris program.

Sec. 4832. Atlantic Coast port access route study recommendations.

Sec. 4833. Drawbridges.

Sec. 4834. Waiver.

Sec. 4835. Vessel waiver.

Sec. 4836. Temporary limitations.

Sec. 4837. Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge.

Sec. 4838. Emergency response.

Sec. 4839. Drawbridges consultation.

Sec. 5001. Findings.

Sec. 5002. Definitions.

Sec. 5003. Improving development of strategic and critical minerals.

Sec. 5004. Responsibilities of the lead agency.

Sec. 5005. Federal Register process for mineral exploration and mining projects.

Sec. 5006. Secretarial order not affected.

Sec. 6101. Fees for medical services.

Sec. 7001. Authorization of amounts in funding tables.

Sec. 7101. Procurement.

Sec. 7102. Procurement for overseas contingency operations.

Sec. 7201. Research, development, test, and evaluation.

Sec. 7202. Research, development, test, and evaluation for overseas contingency operations.

Sec. 7301. Operation and maintenance.

Sec. 7302. Operation and maintenance for overseas contingency operations.

Sec. 7401. Military personnel.

Sec. 7402. Military personnel for overseas contingency operations.

Sec. 7501. Other authorizations.

Sec. 7502. Other authorizations for overseas contingency operations.

Sec. 7601. Military construction.

Sec. 7602. Military construction for overseas contingency operations.

Sec. 7701. Department of Energy national security programs.

SEC. 3. Congressional defense committees.

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

SEC. 101. Authorization of appropriations.

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

SEC. 111. National Guard and reserve component equipment report.

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

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

“(A) AH–64 Attack Helicopters;

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

“(C) Abrams Main Battle Tanks;

“(D) Bradley Infantry Fighting Vehicles;

“(E) Stryker Combat Vehicles; and

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

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

SEC. 112. Limitation on availability of funds for M27 Infantry Automatic Rifle program.

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

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

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

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

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

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 122. Procurement authority for Ford class aircraft carrier program.

(a) Contract authority.—

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

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

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

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

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

SEC. 123. Full ship shock trial for Ford class aircraft carrier.

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

SEC. 124. Multiyear procurement authority for amphibious vessels.

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

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

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

(1) long lead time material; or

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

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

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

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

SEC. 125. Multiyear procurement authority for standard missile–6.

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

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

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

SEC. 126. Multiyear procurement authority for E–2D aircraft.

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

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

SEC. 127. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft.

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

(1) F/A–18E/F aircraft.

(2) EA–18G aircraft.

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

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

SEC. 128. Modifications to F/A–18 aircraft to mitigate physiological episodes.

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

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

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

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

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

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

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

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

SEC. 129. Frigate class ship program.

(a) Technical data.—

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

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

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

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

(b) Definitions.—In this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 141. Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft.

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

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

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

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

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

“(3) In this subsection:

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

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

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

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

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

SEC. 142. Limitation on use of funds for KC-46A aircraft pending submittal of certification.

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

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

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

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

SEC. 143. Retirement date for VC–25A aircraft.

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

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

SEC. 144. Contract for logistics support for VC–25B aircraft.

The Secretary of the Air Force shall—

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

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

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

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

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

SEC. 146. Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) test points are not redundant;

(B) test plans are approved expeditiously;

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

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

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

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

(a) Findings.—Congress finds the following:

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

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

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

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

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

SEC. 151. Buy-to-budget acquisition of F–35 aircraft.

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

SEC. 152. Certification on inclusion of technology to minimize physiological episodes in certain aircraft.

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

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

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

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

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

(d) Definitions.—In this section:

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

(2) The term “Secretary concerned” means—

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

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

SEC. 153. Armored commercial passenger-carrying vehicles.

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

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

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

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

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

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

SEC. 201. Authorization of appropriations.

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

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

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

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

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

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

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

SEC. 212. Extension of directed energy prototype authority.

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

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

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

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

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

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

SEC. 213. Prohibition on availability of funds for the Weather Common Component program.

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

(b) Report required.—

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

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

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

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

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

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

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

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

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

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

SEC. 214. Limitation pending certification on the Joint Surveillance Target Attack Radar System recapitalization program.

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

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

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

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

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

(A) engineering, manufacturing, and development;

(B) low-rate initial production;

(C) production; and

(D) initial contractor support; and

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

(c) GAO Report and briefing.—

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

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

(B) the resources budgeted for the capability;

(C) the fielding plan for the capability;

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

(E) the overall acquisition strategy for the capability.

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

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

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

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

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

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

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

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

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

SEC. 215. Limitation on availability of funds for F–35 continuous capability development and delivery.

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

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

SEC. 216. Limitation on availability of funds pending report on Agile Software Development and Software Operations.

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

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

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

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

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

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

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

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

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

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

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

SEC. 217. Limitation on availability of funds for certain high energy laser advanced technology.

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

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

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

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

SEC. 218. Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense.

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

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

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

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

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

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

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

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

SEC. 219. National Security Science And Technology Strategy.

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

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

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

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

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

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

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

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

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

(c) Annual submission.—

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

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

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

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

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

SEC. 220A. Establishment of innovators database in the Department of Defense.

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

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

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

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

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

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

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

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

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

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

SEC. 220B. Strategic plan for Department of Defense test and evaluation resources.

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

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

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

SEC. 220C. Collaboration between Defense laboratories, industry, and academia; open campus program.

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

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

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

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

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

(2) determine eligibility requirements for the program.

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

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

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

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

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

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

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

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

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

SEC. 220G. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

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

§ 2357. Technology protection features activities

“(a) Activities.—The Secretary of Defense may carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.

“(b) Cost-sharing.—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

“(c) Definitions.—In this section:

“(1) The term ‘designated system’ means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.

“(2) The term ‘technology protection features’ means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”.

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


“2357. Technology protection features activities.”.

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

SEC. 220H. STEM jobs action plan.

(a) Findings.—Congress finds the following:

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 221. Report on survivability of air defense artillery.

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

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

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

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

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

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

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

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

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

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

(3) the cost of such modifications; and

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

SEC. 223. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers.

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

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

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

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

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

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

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

(1) F–35A aircraft of the Air Force;

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

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

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

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

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

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

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

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

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

SEC. 225. Report on Defense Innovation Unit Experimental.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 228. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

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

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

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

SEC. 229. Report on OA–X light attack aircraft applicability to partner nation support.

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

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

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

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

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

SEC. 230. Funding for development of canine plasma for hemorrhagic control.

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

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

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

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

SEC. 301. Authorization of appropriations.

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

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

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

(1) in subsection (a)(2)—

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

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

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

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

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

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

SEC. 312. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located.

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

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

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

“(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—

“(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and

“(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”.

SEC. 313. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense.

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

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

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

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

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

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

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

SEC. 314. State management and conservation of species.

(a) Sage-grouse and Prairie-Chicken.—

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

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

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

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

SEC. 315. Department of Defense environmental restoration programs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(c) Ownership of facilities.—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.

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

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


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

SEC. 317. Explosive Ordnance Disposal Defense Program.

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

“SEC. 2284. Explosive Ordnance Disposal Defense Program.

“(a) In general.—The Secretary of Defense shall carry out a program to be known as the ‘Explosive Ordnance Disposal Defense Program’ (in this section referred to as the ‘Program’) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.

“(b) Roles, responsibilities, and authorities.—The plan under subsection (a) shall include provisions under which—

“(1) the Secretary of Defense shall—

“(A) assign the responsibility for the direction, coordination, integration of the explosive ordnance disposal defense program within the Department of Defense;

“(B) designate the Assistant Secretary of Defense for Nuclear, Chemical, Biological Defense Programs as the key individual for the explosive ordnance disposal defense program that develops and oversees policy, plans, programs and budgets, and issues guidance and provides direction on Department of Defense explosive ordnance disposal activities;

“(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense that provides oversight of the joint program executive officer whom coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;

“(D) designate the Director of the Defense Threat Reduction Agency as the responsible combat support agency that will exercise fund management responsibility of the Department of Defense-Wide Program Element for explosive ordnance disposal research, development, test and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10 during research projects including rapid prototyping and limited procurement urgent activities, and acquisition;

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

“(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment and the integration of explosive ordnance disposal sets, kits and outfits and department’s developed explosive ordnance disposal tools, equipment, sets, kits and outfits.

“(c) Annual budget justification documents.—

“(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.

“(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:

“(A) Civilian and military pay.

“(B) Research, development, test, and evaluation.

“(C) Procurement.

“(D) Other transaction agreements.

“(E) Military construction.

“(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—

“(A) operations and maintenance; and

“(B) overseas contingency operations.

“(d) Definitions.—In this section:

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

“(A) bombs and warheads;

“(B) guided and ballistic missiles;

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

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

“(E) demolition charges;

“(F) pyrotechnics;

“(G) clusters and dispensers;

“(H) cartridge and propellant actuated devices;

“(I) electro-explosives devices;

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

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

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

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


“2284. Explosive Ordnance Disposal Defense Program.”.

SEC. 318. Joint study on the impact of wind farms on weather radars and military operations.

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

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

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

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

(A) Department of Defense air traffic control radars;

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

(C) air-to-ground drop zones;

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

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

(F) military training routes;

(G) over-the-horizon radars; and

(H) Department of Defense weather radars.

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

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

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

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

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

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

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

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

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

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

SEC. 319. Core sampling at Joint Base San Antonio, Texas.

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

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

SEC. 321. Examination of naval vessels.

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

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

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

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

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

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

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

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

(1) in subsection (c)—

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

(B) by striking paragraph (5); and

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

“(d) Definitions.—In this section:

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

“(A) A naval vessel.

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

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

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

SEC. 323. Limitation on length of overseas forward deployment of naval vessels.

(a) Limitation.—

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

§ 7320. Limitation on length of overseas forward deployment of naval vessels

“(a) Limitation.—The Secretary of the Navy shall ensure that no naval vessel is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.

“(b) Waiver.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—

“(1) the waiver of such limitation with respect to the vessel;

“(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and

“(3) the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.”.

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


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

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

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

SEC. 324. Temporary modification of workload carryover formula.

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

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

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

SEC. 325. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam.

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

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

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

SEC. 326. Business case analysis for proposed relocation of J85 Engine Regional Repair Center.

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

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

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

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

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

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

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

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

SEC. 327. Army advanced and additive manufacturing center of excellence.

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

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

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

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

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

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

(c) Assistance.—

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

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

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

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

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

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

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

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

(1) community and technical colleges;

(2) research universities;

(3) State and local governments;

(4) economic development entities;

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

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

SEC. 328. Report on pilot program for micro-reactors.

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

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

(1) the Secretary of Defense;

(2) the Nuclear Regulatory Commission; and

(3) the Administrator of the General Services Administration.

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

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

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

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

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

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

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

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

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

(9) recommendations for any legislative changes to the authorities analyzed under paragraph (8) necessary for the Department of Energy and the Department of Defense to permit the siting, construction, and operation of a micro-reactor.

(d) Definitions.—In this section:

(1) The term “critical national security infrastructure” means any site or installation that the Secretary of Energy or the Secretary of Defense determines supports critical mission functions of the national security enterprise.

(2) The term “licensed” means holding a license under section 103 or 104 of the Atomic Energy Act of 1954.

(3) The term “micro-reactor” means a nuclear reactor that has a power production capacity that is not greater than 50 megawatts.

(4) The term “pilot program” means the pilot program described in subsection (a).

(5) The term “Secretary” means Secretary of Energy.

(e) Form.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix.

(f) Limitations.—This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.

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

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

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

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

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

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

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

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

SEC. 331. Matters for inclusion in quarterly reports on personnel and unit readiness.

Section 482 of title 10, United States Code, is amended—

(1) in subsection (b)(1), by inserting after “deficiency” the following: “in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense,”; and

(2) in subsection (d)—

(A) in the subsection heading, by striking “assigned mission”;

(B) by striking paragraph (3);

(C) by redesignating paragraphs (2) as paragraph (3); and

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

“(2) A report for the second or fourth quarter of a calendar year under this section shall also include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.”.

SEC. 332. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations.

(a) Reviews required.—For each of calendar years 2018 through 2021, the Comptroller General of the United States shall conduct an annual review of the readiness of the Armed Forces to conduct each of the following types of full spectrum operations:

(1) Ground.

(2) Sea.

(3) Air.

(4) Space.

(5) Cyber.

(b) Elements of review.—In conducting a review under subsection (a), the Comptroller General shall—

(1) use standard methodology and reporting formats in order to show changes over time;

(2) evaluate, using fiscal year 2017 as the base year of analysis—

(A) force structure;

(B) the ability of major operational units to conduct operations; and

(C) the status of equipment, manning, and training; and

(3) provide reasons for any variances in readiness levels, including changes in funding, availability in parts, training opportunities, and operational demands.

(c) Metrics.—For purposes of the reviews required by this section, the Secretary of Defense shall identify and establish metrics for measuring readiness for the operations covered by subsection (a). In the first review conducted under this section, the Comptroller General shall evaluate and determine the validity of such metrics.

(d) Access to relevant data.—For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—

(1) any assessments of the ability of the Department of Defense and the Armed Forces to execute operational and contingency plans;

(2) any internal Department readiness and force structure assessments; and

(3) the readiness databases of the Department and the Armed Forces.

(e) Reports.—

(1) ANNUAL REPORT.—Not later than February 28, 2019, and annually thereafter until 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the review conducted under subsection (a) for the year preceding the year during which the report is submitted.

(2) ADDITIONAL REPORTS.—At the discretion of the Comptroller General, the Comptroller General may submit to the Committees on Armed Services of the Senate and House of Representatives additional reports addressing specific mission areas within the operations covered by subsection (a) in order to provide an independent assessment of readiness in the areas of equipping, mapping, and training.

SEC. 333. Surface warfare training improvement.

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

(1) In 2017, there were three collisions and one grounding involving United States Navy ships in the Western Pacific. The two most recent mishaps involved separate incidents of a Japan-based United States Navy destroyer colliding with a commercial merchant vessel, resulting in the combined loss of 17 sailors.

(2) The causal factors in these four mishaps are linked directly to a failure to take sufficient action in accordance with the rules of good seamanship.

(3) Because risks are high in the maritime environment, there are widely accepted standards for safe seamanship and navigation. In the United States, the International Convention on Standards of Training, Certification and Watchkeeping (hereinafter in this section referred to as the “STCW”) for Seafarers, standardizes the skills and foundational knowledge a maritime professional must have in seamanship and navigation.

(4) Section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) endorsed the STCW process and required the Secretary of Defense to maximize the extent to which Armed Forces service, training, and qualifications are creditable toward meeting merchant mariner licenses and certifications.

(5) The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization and quality of the surface warfare community.

(6) The Military-to-Mariner Transition report of September 2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist.

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

(1) the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and include such an assessment prior to all operational surface warfare officer tour assignments; and

(2) the Secretary of the Navy should significantly expand the STCW qualifications process to improve seamanship and navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards.

(c) Report.—Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that includes each of the following:

(1) A detailed description of the surface warfare officer assessments process.

(2) A list of programs that have been approved for credit toward merchant mariner credentials.

(3) A complete gap analysis of the existing surface warfare training curriculum and STCW.

(4) A complete gap analysis of the existing surface warfare training curriculum and the 3rd mate unlimited licensing requirement.

(5) An assessment of surface warfare options to complete the 3rd mate unlimited license and the STCW qualification.

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

(a) Report required.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report on optimizing surface Navy vessel inspections and crew certifications to reduce the burden of inspection type visits that vessels undergo. Such report shall include—

(1) an audit of all surface Navy vessel inspections, certifications, and required and recommended assist visits;

(2) an analysis of such inspections, certifications, and visits for redundancies, as well as any necessary items not covered;

(3) recommendations to streamline surface vessel inspections, certifications, and required and recommended assist visits to optimize effectiveness, improve material readiness, and restore training readiness; and

(4) recommendations for congressional action to address the needs of the Navy as identified in the report.

(b) Congressional briefing.—Not later than January 31, 2019, the Secretary of the Navy shall provide to the Senate Committee on Armed Services and the House Committee on Armed Services an interim briefing on the matters to be included in the report required by subsection (a).

SEC. 335. Report on depot-level maintenance and repair.

The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—

(1) the amount of public and private funding of depot-level maintenance and repair (as defined in section 2460 of title 10 United State Code) for the Department of Defense, Army, Navy, Marine Corps, Air Force, Special Operations Command, and any other unified command identified by the Secretary, expressed by commodity group by percentage and actual numbers in terms of dollars and direct labor hours;

(2) within each category of depot level maintenance and repair for each entities, the amount of the subset of depot maintenance workload that meets the description under section 2464 of title 10, United States Code, that is performed in the public and private sectors by direct labor hours and by dollars;

(3) of the subset referred to in paragraph (2), the amount of depot maintenance workload performed in the public and private sector by direct labor hour and by dollars for each entity that would otherwise be considered core workload under such section 2462, but is not considered core because a weapon system or equipment has not been declared a program of record; and

(4) the projections for the upcoming future years defense program, including the distinction between the Navy and the Marine Corps for the Department of the Navy, as well as any unified command, including the Special Operations Command.

SEC. 336. Report on personal protective equipment requirements for civil response teams to volcanic activity.

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

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

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

SEC. 337. Report on wildfire suppression capabilities of active and reserve components.

(a) Sense of Congress.—It is the Sense of Congress that wildfires endanger national security.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the wildfire suppression capabilities within the active and reserve components of the Armed Forces, including the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department of the Interior.

SEC. 338. Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, and Assistant Secretary of the Navy for Research, Development and Acquisition, shall develop and submit to Congress a report describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontracts relocating steam turbine production for Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines. Such report shall address each of the following:

(1) The overall risk of moving production on our national security including likelihood of production delay or reduction in quality of steam turbines.

(2) The impact on natural security from a delay in production of aircraft carriers and submarines.

(3) The impacts on regional suppliers the current production of steam turbines draw on and their ability to perform other contracts should a relocation happen.

(4) The impact on the national industrial and manufacturing base and loss of a critically skilled workforce resulting from a relocation of production.

(5) The risk of moving production on total cost of the acquisition.

SEC. 341. Coast Guard representation on explosive safety board.

Section 172(a) of title 10, United States Code, is amended—

(1) by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”; and

(2) by adding at the end the following new sentence: “When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board.”.

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

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

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

(A) Fallen Timbers Battlefield.

(B) Russell House Battlefield.

(C) Davis Bridge Battlefield.

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

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

(b) Establishment of affiliated area.—

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

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

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

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

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

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

(7) GENERAL MANAGEMENT PLAN.—

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

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

(c) Private Property Protection.—

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

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

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

(d) Definitions.—In this section:

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

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

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

SEC. 343. Sense of Congress regarding critical minerals.

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

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

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a study on the feasibility of phasing out the use of open burn pits by using technology incinerators.

(b) Open burn pit defined.—In this section, the term “open burn pit” means an area of land—

(1) that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

(2) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

SEC. 345. Notification requirements relating to changes to military uniform components.

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

(b) Contractor notification.—The Commander of the Defense Logistics Agency shall notify a contractor when one of the military services plans to make a change to a military uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform components.

(c) Waiver.—If the Secretary of a military department or the Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely impact operational safety, force protection, or national security interests of the United States, the secretary or the Commander may waive such requirement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) The National Joint Terrorism Task Force.

(B) The National Explosives Task Force.

(C) The Critical Incident Response Group.

(D) The Terrorist Explosive Device Analytical Center.

(E) The Bomb Data Center.

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

(G) The Hazardous Devices School.

(H) The Office of Bombing Prevention.

SEC. 401. End strengths for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2019, as follows:

(1) The Army, 487,500.

(2) The Navy, 335,400.

(3) The Marine Corps, 186,100.

(4) The Air Force, 329,100.

SEC. 402. Revisions in permanent active duty end strength minimum levels.

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

“(1) For the Army, 487,500.

“(2) For the Navy, 335,400.

“(3) For the Marine Corps, 186,100.

“(4) For the Air Force, 329,100.”.

SEC. 411. End strengths for Selected Reserve.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2019, as follows:

(1) The Army National Guard of the United States, 343,500.

(2) The Army Reserve, 199,500.

(3) The Navy Reserve, 59,100.

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

(5) The Air National Guard of the United States, 107,100.

(6) The Air Force Reserve, 70,000.

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

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

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

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

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

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2019, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,595.

(2) The Army Reserve, 16,386.

(3) The Navy Reserve, 10,110.

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

(5) The Air National Guard of the United States, 19,861.

(6) The Air Force Reserve, 3,849.

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2019 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 22,294.

(2) For the Army Reserve, 6,492.

(3) For the Air National Guard of the United States, 18,969.

(4) For the Air Force Reserve, 8,880.

SEC. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

During fiscal year 2019, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 7401.

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

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

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

(1) in paragraph (1)—

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

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

(ii) by striking “critically”;

(B) in subparagraph (A)—

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

(ii) by striking “operational”; and

(C) in subparagraph (B)—

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

(ii) by striking “operational”;

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

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

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

“(B) captain in the Navy.”; and

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

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

“(A) Cyberspace.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(B) captain in the Navy.

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

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

“(A) Cyberspace.

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

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

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

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

SEC. 502. Surface warfare officers career paths.

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

§ 6933. Surface warfare officers: career paths

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

“(1) Ship engineering systems.

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(2) In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.”.

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

(1) in subsection (a)(1)—

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

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

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

(3) in subsection (d)(1)—

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

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

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

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

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

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

(3) by striking paragraph (3).

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

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

(b) Candidates.—

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

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

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

(c) Selection of participants.—

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

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

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

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

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

(d) Basic officer training.—

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

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

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

(e) Coordination.—

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

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

(A) who—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 509. Grades of Chiefs of Chaplains.

(a) Army.—Section 3073 of title 10, United States Code, is amended—

(1) by inserting “(a)” before “There”; and

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

“(b) The Chief of Chaplains, while so serving, holds the grade of major general.”.

(b) Navy.—Section 5142 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”.

(c) Air Force.—Section 8039 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Grade of Chief of Chaplains.—The Chief of Chaplains, while so serving, holds the grade of major general.”.

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

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

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

(2) by adding at the end the following:

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

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

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

“(3) DEFINITIONS.—In this subsection—

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

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

SEC. 512. Authorized strength and distribution in grade.

(a) Strength and grade authorizations.—Section 12011(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:


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

(b) Strength and grade authorizations.—Section 12012(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:


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

SEC. 513. National Guard Promotion Accountability.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) DEFINITIONS.—In this subsection:

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

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

SEC. 514. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Section 514 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in subsection (d), by striking “2020” and inserting “2021”; and

(2) in subsection (f), by striking “2019” and inserting “2020”.

SEC. 515. National Guard Youth Challenge Program.

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

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

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

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

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

SEC. 516. National Guard Youth Challenge Program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 521. Enlistments vital to the national interest.

(a) In general.—Section 504(b) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by inserting “and subject to paragraph (3),” after “Notwithstanding paragraph (1),”;

(B) by striking “enlistment is vital to the national interest.” and inserting “person possesses a skill or expertise—”; and

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

“(A) that is vital to the national interest; and

“(B) that the person will use in daily duties as a member of the armed forces.”; and

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

“(3) (A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person.

“(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—

“(i) the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and

“(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.”.

(b) Report.—

(1) IN GENERAL.—Not later than December 31, 2019, and annually thereafter for each of the subsequent four years, the Secretary concerned shall submit a report to the Committees on Armed Services and the Judiciary of the Senate and the House of Representatives regarding persons who enter into enlistment contracts under section 504(b)(2) of title 10, United States Code, as amended by subsection (a).

(2) ELEMENTS.—Each report under this subsection shall include the following:

(A) The number of such persons who have entered into such contracts during the preceding calendar year.

(B) How many such persons have successfully completed background investigations and vetting procedures.

(C) How many such persons have begun initial training.

(D) The skills that are vital to the national interest that such persons possess.

SEC. 522. Statement of benefits.

(a) In general.—Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

§ 1155. Statement of benefits

“(a) Before separation.—Not later than 30 days before a member retires, is released, is discharged, or otherwise separates from the armed forces (or as soon as is practicable in the case of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to which that member is entitled under laws administered by—

“(1) the Secretary of Defense; and

“(2) the Secretary of Veterans Affairs.

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

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1154 the following new item:


“1155. Statement of benefits.”.

SEC. 523. Modification to forms of support that may be accepted in support of the mission of the Defense POW/MIA Accounting Agency.

(a) Public-Private partnerships.—Subsection (a) of section 1501a of title 10, United States Code, is amended by adding at the end the following new sentence: “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).”.

(b) Authority to accept gifts in support of mission to account for missing persons from past conflicts.—Such section is further amended—

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

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

“(e) Acceptance of gifts.—

“(1) AUTHORITY TO ACCEPT.—Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.

“(2) GIFT FUNDS.—Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.

“(3) USE OF GIFTS.—Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.

“(4) EXPENSES OF TRANSFER.—The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.

“(5) EXPENSES OF CARE.—The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.”; and

(3) by adding at the end of subsection (g), as redesignated by paragraph (1) of this subsection, the following new paragraph:

“(3) GIFT.—The term ‘gift’ includes a devise or bequest.”.

(c) Conforming amendment.—Subsection (a) of such section is further amended by striking “subsection (e)(1)” and inserting “subsection (f)(1)”.

SEC. 524. Correction of military records website.

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

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

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

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

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

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

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

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

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

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

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

(1) properly redacted;

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 530. Attending Physician to the Congress.

(a) In general.—Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new section:

§ 715. Attending Physician to the Congress: grade

“A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting before the item relating the section 716 the following new item:


“715. Attending Physician to Congress: grade”.

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

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

“(A) dismissal or dishonorable discharge; and

“(B) confinement for two years.”.

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

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

§ 928a. Art 128a. Domestic violence

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

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

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


“928a. 128a. Domestic violence.”.

SEC. 533. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Section 546(c)(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1561 note) is amended by adding at the end the following new sentence: “After a majority vote by the Advisory Committee and upon request of the Chair of the Advisory Committee, the Secretary of Defense shall provide to the Advisory Committee information the Secretary determines is relevant to the scope and mission of the Advisory Committee under this section.”.

SEC. 534. Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military duties.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for any offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), unless such offense is strictly and solely related to the performance of military duties.

(b) Specification of offenses for which admissibility allowed.—

(1) IN GENERAL.—Each Secretary concerned shall specify, and may from time to time modify, the offenses under chapter 47 of title 10, United States Code, for which the military character of members of the Armed Forces under the jurisdiction of such Secretary is admissible pursuant to subsection (a) as a result of such offense being strictly and solely related to the performance of military duties.

(2) APPROVAL OF PRESIDENT REQUIRED.—The specification of an offense pursuant to paragraph (1), and any modification of such specification, shall not be effective unless approved by the President.

(3) SECRETARY CONCERNED DEFINED.—In this subsection, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 535. Improved crime reporting.

(a) In general.—The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the entire Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, “Fingerprint Card and Final Disposition Report Submission Requirements”. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions.

(b) Report required.—Not later than July 1, 2019, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process.

SEC. 536. Oversight of registered sex offender management program.

(a) Designation of official or entity.—The Secretary of Defense shall designate a single official or entity within the Office of the Secretary of Defense to serve as the official or entity (as the case may be) with principal responsibility in the Department of Defense for providing oversight of the registered sex offender management program of the Department.

(b) Duties.—The official or entity designated under subsection (a) shall—

(1) monitor compliance with Department of Defense Instruction 5525.20 and other relevant polices;

(2) compile data on members serving in the military departments who have been convicted of a qualifying sex offense, including data on the sex offender registration status of each such member;

(3) maintain statistics on the total number of active duty service members in each military department who are required to register as sex offenders; and

(4) perform such other duties as the Secretary of Defense determines to be appropriate.

(c) Briefing required.—Not later than June 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on—

(1) the compliance of the military departments with the policies of the Department of Defense relating to registered sex offenders;

(2) the results of the data compilation described in subsection (b)(2); and

(3) any other matters the Secretary determines to be appropriate.

(d) Military departments defined.—In this section, the term “military departments” has the meaning given that term in section 101(a)(8) of title 10, United States Code.

SEC. 541. Security clearance reinvestigation of certain personnel who commit certain offenses.

Section 1564 of title 10, United States Code, is amended—

(1) by redesignating subsections (c), (d), (e), and (f) as subsection (d), (e), (f), and (g), respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Reinvestigation of certain individuals.— (1) The Secretary of Defense shall conduct an investigation under subsection (a) of any individual described in paragraph (2) upon—

“(A) conviction of that individual by a court of competent jurisdiction for—

“(i) sexual assault;

“(ii) sexual harassment;

“(iii) fraud against the United States; or

“(iv) any other violation that the Secretary determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or

“(B) determination by a commanding officer that the individual has committed an offense described in subparagraph (A).

“(2) An individual described in this paragraph has a security clearance and is—

“(A) a flag officer;

“(B) a general officer; or

“(C) an employee of the Department of Defense in the Senior Executive Service.

“(3) The Secretary shall conduct an investigation under this subsection of an individual described in paragraph (2) regardless of whether that individual has retired or resigned, is discharged or released, or otherwise separated from the armed forces or Department of Defense.

“(4) In this subsection:

“(A) The term ‘sexual assault’ includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in the Uniform Code of Military Justice.

“(B) The term ‘sexual harassment’ has the meaning given that term in section 1561 of this title.

“(C) The term ‘fraud against the United States’ means a violation of section 932 of this title (Article 132 of the Uniform Code of Military Justice).”.

SEC. 542. Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense.

(a) Military Academy.—Section 4361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense.— (1) The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

“(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Army, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Army shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(b) Naval Academy.—Section 6980 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense.— (1) The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.

“(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the midshipman may request review of the denial by the Secretary of the Navy, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Navy shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(c) Air Force Academy.—Section 9361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense.— (1) The Secretary of the Air Force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

“(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Air Force, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Air Force shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

SEC. 543. Standardization of policies related to expedited transfer in cases of sexual assault.

(a) Policies for members.—The Secretary of Defense shall modify all policies related to the expedited transfer of a member of the Army, Navy, Air Force, or Marine Corps who is the victim of sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program) that the Secretary determines necessary to establish a standardized expedited transfer process for such members, consistent with section 673 of title 10, United States Code.

(b) Policies for dependents of members.—The Secretary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.

SEC. 544. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy.

(a) Development.—The Secretary of Defense shall develop a plan for overseeing the implementation of the instruction titled “Harassment Prevention and Response in the Armed Forces”, published on February 8, 2018 (DODI–1020.03).

(b) Elements.—The plan under subsection (a) shall require the military services and other components of the Department of Defense to take steps by certain dates to implement harassment prevention and response programs under such instruction, including no less than the following:

(1) Submitting implementation plans to the Director, Force Resiliency.

(2) Incorporating results-oriented performance measures that assess the effectiveness of harassment prevention and response programs.

(3) Adopting compliance standards for promoting, supporting, and enforcing policies, plans, and programs.

(4) Tracking, collecting, and reporting data and information on sexual harassment incidents based on standards established by the Secretary.

(5) Instituting anonymous complaint mechanisms.

(c) Report.—Not later than July 1, 2019, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the oversight plan developed under this section. The report shall include, for each military service and component of the Department of Defense, the implementation status of each element of the oversight plan.

SEC. 545. Development of resource guides regarding sexual assault for the military service academies.

(a) Development.—Not later than 30 days after the date of the enactment of this Act, each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.

(b) Elements.—Each guide developed under this section shall include the following information with regards to the relevant military service academy:

(1) PROCESS OVERVIEW AND DEFINITIONS.—

(A) A clear explanation of prohibited conduct, including examples.

(B) A clear explanation of consent.

(C) Victims’ rights.

(D) Clearly described complaint process, including multiple ways to file a complaint.

(E) Explanations of restricted and unrestricted reporting.

(F) List of mandatory reporters.

(G) Protections from retaliation.

(H) Assurance that leadership will take immediate and proportionate corrective action.

(I) References to specific policies.

(J) Additional resources for survivors.

(2) EMERGENCY SERVICES.—

(A) Contact information.

(B) Location.

(3) SUPPORT AND COUNSELING.—Contact information for the following support and counseling resources:

(A) The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.

(B) The Sexual Harassment/Assault Response and Prevention Resource Program Center.

(C) Peer counseling.

(D) Medical care.

(E) Legal counsel.

(F) Hotlines.

(G) Chaplain or other spiritual representatives.

(4) ESCALATION.—

(A) A victim may report an incident to any authority.

(B) A victim may consult any authority named in this paragraph.

(C) The Superintendent determines the outcome of an investigation and has the authority to convene a court-martial after an initial hearing.

(D) The Secretary of the military department concerned reviews determinations in cases not referred for trial by court-martial.

(E) The Inspector General reviews cases of reprisal or professional retaliation.

(F) A Member of Congress (as that term is defined in section 1563 of title 10, United States Code).

(c) Distribution.—Each Superintendent shall provide a copy of the current guide developed by that Superintendent under this section—

(1) not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;

(2) at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and

(3) as soon as practicable to a student at the military service academy of that Superintendent reports that such student is a victim of sexual assault.

SEC. 546. Report on victims in MCIO reports.

Not later than September 30, 2019, and not less than once every two years thereafter, the Secretary of Defense, through the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces, shall submit to Congress a report regarding the frequency at which individuals, who are identified as victims of sexual offenses in case files of military criminal investigative organizations (hereinafter, “MCIO”), are accused of or punished for misconduct or crimes considered collateral to the investigation of sexual assault during the MCIO investigations in which the individuals were so identified.

SEC. 547. Definition of military sexual trauma.

(a) In general.—The Secretaries of Defense and Veterans Affairs shall establish a joint definition of “military sexual trauma” for their respective Departments to use in all aspects of delivering care and benefits to members of the Armed Forces and veterans who have suffered that crime.

(b) Report.—The Secretaries shall submit to Congress a report on their efforts under subsection (a), including legislative recommendations, not later than 180 days after the date of the enactment of this Act.

SEC. 551. Permanent career intermission program.

(a) Codification and permanent authority.—Chapter 40 of title 10, United States Code, is amended by adding at the end the following new section 710:

§ 710. Career flexibility to enhance retention of members

“(a) Programs authorized.—Each Secretary of a military department may carry out programs under which members of the regular components and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.

“(b) Period of inactivation from active service; Effect of inactivation.— (1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.

“(2) Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.

“(3) Any period of participation of a member in a program under this section shall not count toward—

“(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or

“(B) computation of retired or retainer pay under chapter 71 or 1223 of this title.

“(c) Agreement.—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

“(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the armed force concerned during the period of the inactivation of the member from active service under the program.

“(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

“(3) Following completion of the period of the inactivation of the member from active service under the program, to serve two months as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.

“(d) Conditions of release.—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.

“(e) Order to active service.—Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.

“(f) Pay and allowances.— (1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.

“(2) (A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.

“(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.

“(3) (A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—

“(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

“(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

“(B) (i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—

“(I) such pay or bonus is no longer authorized by law; or

“(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.

“(ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

“(C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.

“(D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

“(4) (A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—

“(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and

“(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.

“(B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

“(5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.

“(g) Promotion.— (1) (A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36 or 1405 of this title.

“(B) Upon the return of an officer to active service after completion by the officer of participation in a program—

“(i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

“(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

“(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—

“(A) begins on the date of the inactivation of the member from active service under the program; and

“(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.

“(h) Continued entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—

“(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and

“(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title.”.

(b) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 709a the following new item:


“710. Career flexibility to enhance retention of members.”.

(2) CONFORMING REPEAL.—Section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is repealed.

SEC. 552. Improvements to Transition Assistance Program.

(a) Pathways for TAP.—

(1) IN GENERAL.—Section 1142 of title 10, United States Code, is amended—

(A) in the section heading by striking “medical” and inserting “certain”;

(B) in subsection (a)—

(i) in paragraph (1), by inserting “(regardless of character of discharge)” after “discharge”;

(ii) in paragraph (3)(A)—

(I) by striking “as soon as possible during the 12-month period preceding” and inserting “not later than 365 days before”;

(II) by striking “90 days” and inserting “365 days”; and

(III) by striking “discharge or release” and inserting “retirement or other separation”; and

(iii) in paragraph (3)(B)—

(I) by striking “90” and inserting “365”; and

(II) by striking “90-day” and inserting “365-day”;

(C) by redesignating subsection (c) as subsection (d);

(D) by inserting after subsection (b) the following new subsection (c):

“(c) Counseling pathways.— (1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:

“(A) Rank.

“(B) Term of service.

“(C) Gender.

“(D) Whether the member was a member of a regular or reserve component of an armed force.

“(E) Disability.

“(F) Character of discharge (including expedited discharge and discharge under conditions other than honorable).

“(G) Health (including mental health).

“(H) Military occupational specialty.

“(I) Whether the member intends, after separation, retirement, or discharge, to—

“(i) seek employment;

“(ii) enroll in a program of higher education;

“(iii) enroll in a program of vocational training; or

“(iv) become an entrepreneur.

“(J) The educational history of the member.

“(K) The employment history of the member.

“(L) Whether the member has secured—

“(i) employment;

“(ii) enrollment in a program of education; or

“(iii) enrollment in a program of vocational training.

“(M) Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.

“(2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to—

“(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection;

“(B) receive information from the counselor regarding reenlistment in the armed forces; and

“(C) receive information from the counselor regarding resources (including resources regarding military sexual trauma)—

“(i) for members of the armed forces separated, retired, or discharged;

“(ii) located in the community in which the member will reside after separation, retirement, or discharge.

“(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B).”; and

(E) by adding at the end the following new subsection:

“(e) Joint service transcript.— (1) The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—

“(A) that member—

“(i) at the meeting with a counselor under subsection (c)(2); and

“(ii) on the day the member separates, retires, or is discharged.

“(B) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.

“(2) The Secretary of Veterans Affairs shall ensure that a member who has separated, retired, or is discharged may access the joint service transcript of that member from a website of the Department of Veterans Affairs not later than one year after the day the member separates, retires, or is discharged.”.

(2) DEADLINE.—Each Secretary concerned shall carry out subsection (c) of such section, as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act.

(3) GAO STUDY.—Not later than 1 year after the Secretaries concerned carry out subsection (c) of such section, as amended by paragraph (1), the Comptroller General of the United States shall submit to Congress a review of the pathways for the Transition Assistance Program established under such subsection (c).

(b) Contents of TAP.—

(1) IN GENERAL.—Section 1144 of title 10, United States Code, is amended—

(A) in subsection (a), by striking “Such services” and inserting “Subject to subsection (f)(2), such services”; and

(B) by amending subsection (f) to read as follows:

“(f) Program contents.— (1) The program carried out under this section shall consist of instruction as follows:

“(A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.

“(B) One day of instruction regarding—

“(i) benefits under laws administered by the Secretary of Veterans Affairs; and

“(ii) other subjects determined by the Secretary concerned.

“(C) One day of instruction regarding preparation for employment.

“(D) Two days of instruction regarding a topic selected by the member from the following subjects:

“(i) Preparation for employment.

“(ii) Preparation for education.

“(iii) Preparation for vocational training.

“(iv) Preparation for entrepreneurship.

“(v) Other options determined by the Secretary concerned.

“(2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—

“(A) before the time periods established under section 1142(a)(3) of this title;

“(B) in addition to such training and instruction required during such time periods.”.

(2) DEADLINE.—The Transition Assistance Program shall comply with the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act.

(3) ACTION PLAN.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit an action plan to the congressional defense committees that—

(A) details how the Secretary shall implement the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1); and

(B) details how the Secretary, in consultation with the Secretaries of Veterans Affairs and Labor, shall establish standardized performance metrics to measure Transition Assistance Program participation and outcome-based objective benchmarks in order to—

(i) provide feedback to the Departments of Defense, Veterans Affairs, and Labor;

(ii) improve the curriculum of the Transition Assistance Program;

(iii) share best practices;

(iv) facilitate effective oversight of the Transition Assistance Program; and

(v) ensure members obtain sufficient financial literacy to effectively leverage conferred benefits and opportunities for employment, education, vocational training, and entrepreneurship.

(4) REPORT.—On the date that is 2 years after the date of the enactment of this Act and annually thereafter for the subsequent 4 years, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans' Affairs of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a report regarding members of the Armed Forces who have attended Transition Assistance Program counseling during the preceding year. The report shall detail the following:

(A) The total number of members who attended Transition Assistance Program counseling.

(B) The number of members who attended Transition Assistance Program counseling under paragraph (1) of section 1144(f) of title 10, as amended by paragraph (1).

(C) The number of members who attended Transition Assistance Program counseling under paragraph (2) of such section.

(D) The number of members who elected to attend each two-day instruction under paragraph (1)(D) of such section.

SEC. 553. Employment and compensation of civilian faculty members at the Joint Special Operations University.

Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) The Joint Special Operations University.”.

SEC. 554. Program to assist members of the Armed Forces in obtaining professional credentials.

Section 2015(a) of title 10, United States Code, is amended by striking “related to military training” and all that follows through the period at the end of paragraph (2) and inserting “that translate into civilian occupations.”.

SEC. 555. Extension of pilot program to assist members in obtaining post-service employment.

Section 555(i) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1143 note) is amended by striking “2018” and inserting “2023”.

SEC. 556. Direct employment pilot program for members of the reserve components and veterans.

(a) Authority.—The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans.

(b) Cost-sharing.—Any agreement under subsection (a) shall require that the State must contribute an amount, derived from non-Federal sources, that equals or exceeds 50 percent of the funds provided by the Secretary to the State under this section to support the operation of the pilot program in that State.

(c) Administration.—The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program.

(d) Program model.—A pilot program under this section—

(1) shall use a job placement program model that focuses on working one-on-one with individuals described in subsection (a) to provide cost-effective job placement services, including—

(A) job matching services;

(B) resume editing;

(C) interview preparation; and

(D) post-employment follow up; and

(2) shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina.

(e) SkillBridge training opportunities.—A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.

(f) Evaluation.—The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this provision.

(g) Reporting.—

(1) REPORT REQUIRED.—Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section.

(2) ELEMENTS.—A report under paragraph (1) shall include the following elements:

(A) A description and assessment of the effectiveness and achievements of the pilot program, including—

(i) the number of members of the reserve components of the Armed Forces and veterans hired; and

(ii) the cost-per-placement of participating members and veterans.

(B) An assessment of the impact of the pilot program and increased reserve component employment levels on—

(i) the readiness of members of the reserve components of the Armed Forces; and

(ii) retention of service members.

(C) A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs.

(D) The number and percentage of individuals served by the pilot program who are employed in a field that matches their skills and training.

(E) Any other matter the Secretary determines to be appropriate.

(h) Duration of authority.—

(1) IN GENERAL.—Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023.

(2) EXTENSION.—The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than 2 years.

SEC. 557. Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separation or retirement.

The Secretary of Defense shall ensure that retired and honorably discharged members of the Armed Forces, including members medically discharged, separated, or on the temporary disability retirement list, and their immediate family remain eligible for services under the Military OneSource Program for at least one year after the end of the member’s tour of service, the member’s retirement date, or the member’s separation date, as the case may be.

SEC. 558. Comptroller General briefing and report on permanent employment assistance centers.

(a) Requirement.—Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing to the Armed Services Committees of the Senate and House of Representatives, with a report to follow on a date agreed to at the time of the briefing. The briefing and report shall provide information on employment assistance required under section 1143 of title 10, United States Code, and related information regarding civilian employment requiring certification or licensure.

(b) Contents.—The information required under subsection (a) shall include the following:

(1) A description of the content of the database required by section 1143(a)(2)(A) of such title.

(2) A list and description of permanent employment assistance centers required by section 1143(b) of such title.

(3) A list and description of employment skills training programs and eligible members of the Armed Forces.

(4) A list and description of State and non-State entities that have interacted with civilian employers.

(5) A description of the use by members of the Armed Forces of the permanent employment assistance centers.

(6) An assessment of the permanent employment assistance centers and challenges, if any, the centers have experienced as of the date of the briefing or report.

SEC. 559. Activities to increase awareness of apprenticeship programs.

The Secretary of Defense shall ensure that, as part of the transition counseling provided by the Department of Defense to members of the Armed Forces who are in the process of separating from the Armed Forces (including the reserve components), information is provided to such members on—

(1) the potential benefits of apprenticeship programs;

(2) the appropriate use of veterans’ education benefits to pay for apprenticeship programs, and

(3) the availability of veteran-focused, nonprofit apprenticeship programs.

SEC. 560. Atomic veterans service medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 560A. Report on availability of college credit for skills acquired during military service.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:

(1) Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.

(2) The academic level of the equivalent college credit or technical certification for which each such skill is eligible.

(3) Each academic institution that awards an equivalent college credit or technical certification for such skills, including—

(A) whether each such academic institution is public or private and whether such institution is for profit; and

(B) the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.

(4) The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.

SEC. 560B. Information regarding county veterans service officers.

(a) Provision of information.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall ensure that a member of the Armed Forces who is separating or retiring from the Armed Forces may elect to have the Department of Defense form DD–214 of the member transmitted to the appropriate county veterans service officer based on the mailing address provided by the member.

(b) Database.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall maintain a database of all county veterans service officers.

(c) County veterans service officer defined.—In this section, the term “county veterans service officer” means an employee of a county government, local government, or Tribal government who is covered by section 14.629(a)(2) of title 38, Code of Federal Regulations.

SEC. 560C. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

(a) Authority To convert otherwise closing units to National Defense Cadet Corps program units.—If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps (JROTC) unit, the Secretary shall offer the agency the option of converting the program to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.

(b) Flexibility in administration of instructors.—

(1) IN GENERAL.—The Secretaries of the military departments shall undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.

(2) ELEMENTS.—The initiatives undertaken pursuant to this subsection may provide for one or more of the following:

(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.

(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.

(C) Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.

(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.

(E) Such other actions as the Secretaries of the military departments consider appropriate.

(c) Flexibility in allocation and use of travel funding.—The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.

(d) Standardization of program data.—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.

(e) Authority for additional units.—

(1) IN GENERAL.—The Secretaries of the military departments may, using amounts authorized to be appropriated by paragraph (2), establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.

(2) FUNDING.—There is hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense amounts as follows:

(A) For Operation and Maintenance, Army, $3,140,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Army.

(B) For Operation and Maintenance, Navy, $950,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Navy.

(C) For Operation and Maintenance, Air Force, $1,000,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Air Force.

(D) For Operation and Maintenance, Marine Corps, $390,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(E) For Military Personnel, $1,220,000, of which—

(i) $500,000 is for the Army for the Junior Reserve Officers' Training Corps program of the Army;

(ii) $270,000 is for the Navy for the Junior Reserve Officers' Training Corps program of the Navy;

(iii) $380,000 is for the Air Force for the Junior Reserve Officers' Training Corps program of the Air Force; and

(iv) $70,000 is for the Marine Corps for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(3) SUPPLEMENT NOT SUPPLANT.—The amounts authorized to be appropriated for fiscal year 2019 for the Department of Defense by this subsection are in addition to any other amounts authorized to be appropriated for fiscal year 2019 for the Department under any other provision of law.

(4) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division G—

(A) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, aircraft support equipment (line 090), is hereby decreased by $3,200,000; and

(B) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, civil engineering support equipment, items under $5 million (line 115), is hereby decreased by $3,500,000.

SEC. 560D. Transition outreach pilot program.

(a) Establishment.—Not later than 90 days after the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of Veterans Affairs, Labor, Education, and Homeland Security, and the Administrator of the Small Business Administration, shall establish a pilot program through the Transition to Veterans Program Office that fosters contact between veterans and the Department of Defense.

(b) Contact.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall direct the Military Transition Assistance Teams of the Department of Defense to contact each veteran from the Armed Forces at least twice during each of the first three months after the veteran separates from the Armed Forces to—

(1) inquire about the transition of the separated member to civilian life, including—

(A) employment;

(B) veterans benefits;

(C) education;

(D) family life; and

(2) hear concerns of the veteran regarding transition.

(c) Termination.—The Secretary shall complete operation of the pilot program under this section not later than September 30, 2019.

(d) Report.—Not later than 90 days after termination of the pilot program under this section, the Secretary of Defense shall submit a report to Congress regarding such pilot program, including the following, disaggregated by armed force:

(1) The number of veterans contacted, including how many times such veterans were contacted.

(2) Information regarding the age, sex, and geographic region of contacted veterans.

(3) Concerns most frequently raised by the veterans.

(4) What benefits the contacted veterans have received, and an estimate of the cost to the Federal Government for such benefits.

(5) How many contacted veterans are employed or have sought employment, including what fields of employment.

(6) How many contacted veterans are enrolled or have sought to enroll in a course of education, including what fields of study.

(7) Recommendations for legislation to improve the long-term effectiveness of TAP and the well-being of veterans.

(e) Definitions.—In this section:

(1) The term “armed force” has the meaning given that term in section 101 of title 10, United States Code.

(2) The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

(3) The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.

SEC. 561. Enhancement and clarification of family support services for family members of members of special operations forces.

Section 1788a of title 10, United States Code, is amended—

(1) by striking “activities” each place it appears and inserting “services”;

(2) in subsection (b)(2), by striking “activity” and inserting “service”;

(3) in subsection (c), by striking “$5,000,000” and inserting “$10,000,000”;

(4) in subsection (d)(1), by striking “thereafter” and inserting “of the next two years”; and

(5) in subsection (e), by adding at the end the following new paragraph:

“(4) The term ‘family support services’ includes costs of transportation, food, lodging, child care, supplies, fees, and training materials for immediate family members of members of the armed forces assigned to special operations forces while participating in programs under subsection (a).”.

SEC. 562. Additional matters for assessment and report on childcare services of the Department of Defense.

Section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in subsection (a), by adding at the end the following new paragraphs:

“(5) Expanding the childcare hours at military installations that host initial training units in order to accommodate drill instructors, trainers, and support staff.

“(6) Modifying the rate of use of subsidized, off-installation childcare services by military families, including whether such rate could be increased by altering policies that cap the amount of subsidies for military families for such services based on the cost of living for families and the average cost of civilian childcare services.

“(7) Permitting the issuance of employee clearances on a provisional or interim basis for those working at military childcare centers.”; and

(2) in subsection (b)—

(A) by striking “September 1, 2018” and inserting “March 1, 2019”;

(B) by striking “the results of the assessment conducted under subsection (a).” and inserting an em dash; and

(C) by adding at the end the following new paragraphs:

“(1) the results of the assessment conducted under subsection (a); and

“(2) assessments of—

“(A) the underlying factors contributing to the childcare backlogs at many installations;

“(B) the effect of such backlogs on member recruitment and retention; and

“(C) the effect of such backlogs on military spouse unemployment and underemployment.”.

SEC. 563. Continued assistance to schools with significant numbers of military dependent students.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2019 in division G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 of this Act, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Impact aid for children with severe disabilities.—Of the amount authorized to be appropriated for fiscal year 2019 in division G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

(c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 564. Department of Defense Education Activity misconduct database.

(a) Comprehensive database.—The Secretary of Defense shall consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to as “DODEA”) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include, at a minimum, all reportable allegations of juvenile-on-juvenile sexual misconduct, regardless of the final disposition of the case.

(b) Policy.—The Secretary shall establish a comprehensive policy regarding the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the comprehensive database required by subsection (a).

SEC. 565. Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses.

(a) In general.—The Secretary of Defense shall submit to Congress a report setting forth an assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses, including the contribution of frequent permanent changes of station to unemployment or underemployment among military spouses.

(2) An assessment of the effects of unemployment and underemployment among military spouses on force readiness.

(3) Such recommendations as the Secretary considers appropriate regarding legislative or administration action to achieve force readiness and stabilization through the minimization of the impacts of frequent permanent changes on stability of employment among military spouses.

SEC. 566. Flexible maternity and parental leave.

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish and implement policies and procedures that permit a military parent to take, if requested by the military parent, flexible and non-continuous—

(1) maternity leave; and

(2) parental leave.

SEC. 567. Report on wage determination for certain programs.

(a) Wage determination.—The Secretary of Defense, acting through the National Guard Bureau, shall coordinate with the Secretary of Labor to obtain a wage determination under section 6703(1) of title 41, United States Code, for all contract workers under the following programs:

(1) Family Assistance Centers.

(2) Family Readiness and Support.

(3) Yellow Ribbon Reintegration Program.

(4) Recruit Sustainment Program.

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding the wage determinations described in subsection (a). The report shall include a cost estimate of transferring all of the programs named in subsection (a) to direct Federal management.

SEC. 568. Education for dependents of certain retired members of the Armed Forces.

Section 2164(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by adding at the end “If the Secretary determines that appropriate educational programs are not available through a local educational agency for dependents of retirees residing on a military installation in the United States, the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such retirees.”; and

(2) by adding at the end the following new paragraph:

“(4) For purposes of this subsection, the term ‘retiree’ means a member or former member of the armed forces who is entitled to retired or retainer pay under this title, or who, but for age, would be eligible for retired or retainer pay under chapter 1223 of this title.”.

SEC. 569. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

(a) In general.—During the 2-year period beginning on the date of the enactment of this Act, section 3330d of title 5, United States Code, shall be applied—

(1) without regard to—

(A) paragraphs (3), (4), and (5) of subsection (a); and

(B) subsection (c);

(2) in subsection (b)(1), by substituting “a spouse of a member of the Armed Forces on active duty” for “a relocating spouse of a member of the Armed Forces”; and

(3) in subsection (d)(1), by substituting “subsection (a)(3)” for “subsection (a)(6)”.

(b) OPM limitation and reports.—

(1) RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a relocating spouse of a member of the Armed Forces under subsection (b)(1) of section 3330d of title 5, United States Code, as modified by subsection (a), the Director of the Office of Personnel Management—

(A) shall monitor the number of such appointments;

(B) shall require the head of each agency with authority to make such appointments under such section to submit an annual report to the Director on such appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for such appointments; and

(C) not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the use and effectiveness of such authority.

(2) NON-RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a spouse of a member of the Armed Forces other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management—

(A) shall treat the spouse as a relocating spouse under paragraph (1); and

(B) may limit the number of such appointments.

(c) Sunset.—Effective on the date that is 2 years after the date of the enactment of this Act, the authority under this section, including the authority provided by the modifications to section 3330d of title 5, United States Code, shall expire.

SEC. 570. Assessment and report on active shooter threat mitigation at schools located on military installations.

(a) Assessment.—The Secretary of Defense shall conduct an assessment of strategies that may be used to reduce the security threat posed by active shooter incidents at public elementary schools and secondary schools located on the grounds of Federal military installations.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the assessment conducted under subsection (a).

SEC. 571. Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces.

(a) Army.—

(1) LIMITATIONS.—Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section:

§ 3757. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Army may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.— (1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Army shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the distinguished-service cross, distinguished-service medal, silver star, distinguished flying cross, or Soldier's Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“3757. Military decorations: limitations on revocation.”.

(b) Navy and Marine Corps.—

(1) LIMITATIONS.—Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:

§ 6259. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Navy may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.— (1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Navy shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the Navy cross, distinguished-service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“6259. Military decorations: limitations on revocation.”.

(c) Air Force.—

(1) LIMITATIONS.—Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:

§ 8757. Military decorations: limitations on revocation

“(a) Limitations.—Except as provided in subsection (b), the President or the Secretary of the Air Force may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

“(b) Exceptions.— (1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

“(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

“(B) the conviction of the member for a felony.

“(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Air Force shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

“(c) Military decoration defined.—In this section, the term ‘military decoration’ means the Air Force cross, distinguished-service medal, silver star, distinguished flying cross, or Airman’s Medal. The term does not include the medal of honor.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“8757. Military decorations: limitations on revocation.”.

SEC. 572. Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995.

Notwithstanding any time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of Defense may award the Armed Forces Expeditionary Medal to a member or former member of the 24th Marine Expeditionary Unit, Special Operations Capable, for the mission to rescue Captain Scott O’Grady, United States Air Force, from Bosnia on June 8, 1995.

SEC. 573. Award of medals or other commendations to handlers of military working dogs and military working dogs.

(a) Short title.—This section may be cited as the “Guardians of America’s Freedom Medal Act”.

(b) Award of medals or other commendations to handlers of military working dogs and military working dogs.—

(1) PROGRAM OF AWARD REQUIRED.—Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(2) MEDAL AND COMMENDATIONS.—Any medal or commendation awarded pursuant to a program under paragraph (1) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(3) REGULATIONS.—Medals and commendations shall be awarded under programs under paragraph (1) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

SEC. 574. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

(a) Waiver of time limitations.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitations with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Justin T. Gallegos for the acts of valor described in subsection (b).

(b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of Justin T. Gallegos on October 3, 2009, as a member of the Army in the grade of Staff Sergeant, serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.

SEC. 575. Report on awards for cost-saving ideas.

Not later than 1 year after the date of enactment of this Act, Secretary of Defense shall submit to Congress a report detailing—

(1) the total number of awards and commendations presented to any military personnel for a cost-saving idea during the prior fiscal year;

(2) a total estimate of the total savings as a result of the implementation of cost-saving ideas for which an award or commendation was presented; and

(3) a description of how the Secretary plans to expand incentive programs for the purpose described in this section and streamline such programs.

SEC. 576. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

SEC. 581. Public availability of top-line numbers of deployed members of the Armed Forces.

(a) In general.—Except as provided in subsection (b), the Secretary of Defense shall make publicly available, on a quarterly basis, on a website of the Department the top-line numbers of members of the Armed Forces deployed for each country as of the date of the submittal of the report and the total number of members of the Armed Forces so deployed during the quarter covered by the report.

(b) Waiver.—

(1) IN GENERAL.—The Secretary may waive the requirement under subsection (a) in the case of a sensitive military operation if—

(A) the Secretary determines the public disclosure of the number of deployed members of the Armed Forces could reasonably be expected to provide an operational military advantage to an adversary; or

(B) members of the Armed Forces are deployed for a period that does not exceed 30 days.

(2) NOTICE.—If the Secretary issues a waiver under this subsection, the Secretary submit to the congressional defense committees a notice of the waiver and the reasons for the determination that led to the waiver.

(3) PUBLIC AVAILABILITY.—If a waiver is issued under this subsection, notice of such waiver shall be included in the report made publicly available under subsection (a) for the applicable quarter, together with information about the timing of the waiver.

(c) Sensitive military operation defined.—The term “sensitive military operation” has the meaning given that term in section 130f(d) of title 10, United States Code.

SEC. 582. Criteria for interment at Arlington National Cemetery.

(a) Criteria.—The Secretary of the Army, in consultation with the Secretary of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground “well into the future,” as that term is used in the report submitted by the Secretary of the Army to the Committees on Veterans' Affairs and the Committees on Armed Services of the House of Representatives and the Senate, dated February 14, 2017, and titled “The Future of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017”.

(b) Deadline.—The Secretary of the Army shall establish the criteria under subsection (a) not later than September 30, 2019.

SEC. 583. Report on general and flag officer costs.

Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on general and flag officer costs. Such report shall include cost estimates for direct and indirect costs associated with general and flag officers generally and for specific positions in accordance with the recommendations of the Office of the Secretary of Defense-Cost Assessment and Program Evaluation report entitled “Defining General and Flag Officer Costs” dated December 2017, including—

(1) direct compensation for all general and flag officers and for specific general and flag officer positions, using the full cost of manpower model to estimate where possible;

(2) personal money allowances for positions that receive an allowance;

(3) deferred compensation and health care costs for all general and flag officers and for specific general and flag officer positions;

(4) costs associated with providing security details for specific general and flag officer positions that merit continuous security;

(5) costs associated with Government and commercial travel for general and flag officers who qualify for tier one or two travel, including commercial travel costs using defense travel sytstem data;

(6) general flag officer per diems for specific positions, based on average travel per diem costs;

(7) costs for enlisted and officer aide housing for general and flag officers generally and for specific general and flag officer positions, including basic housing assistance costs for staff;

(8) on a case-by-case basis, costs associated with enlisted and officer aide travel, taking into consideration the cost of data collection;

(9) costs associated with additional support staff for general and flag officers and their travel, equipment, and per diem costs for all general and flag officers and specific general and flag officer positions based on the average numbers per general or flag officer and estimations using the full cost of manpower model;

(10) costs associated with the upkeep and maintenance of official residences not captured by basic housing assistance; and

(11) costs associated with training for general and flag officers generally and specific general and flag officer positions using estimations from the full cost of manpower model.

SEC. 584. Report on outside employment of senior personnel.

(a) Report required.—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit a report to Congress on requests by senior personnel for approval of outside employment during the preceding fiscal year.

(b) Elements.—The report under this section shall contain the following regarding:

(1) The number of such requests.

(2) The number of such requests approved.

(3) The types of positions for which senior personnel made such requests.

(4) The range and average of the time commitment for such positions.

(5) The range and average of the compensation for such positions.

(6) Any ethical lapses or abuses by senior personnel in the course of employment pursuant to approved requests.

(c) Senior personnel defined.—In this section, the term “senior personnel” means any of the following:

(1) An officer in the regular or reserve component of an armed force above the grade of O–6.

(2) An employee of the Department of Defense in the Senior Executive Service.

SEC. 585. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

(a) Report required.—

(1) IN GENERAL.—The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the recommendations contained in the audit conducted by the Army Audit Agency of the Army’s Marketing and Advertising Program concerning contract oversight and return on investment.

(2) CONTENTS.—The report required by paragraph (1) shall address each of the following:

(A) The mitigation and oversight measures implemented to assure improved program return and contract management including the establishment of specific goals to measure long-term effects of investments in marketing efforts.

(B) The establishment of a review process to regularly evaluate the effectiveness and efficiency of marketing efforts including efforts to better support the accessions missions of the Army.

(C) The increase of acquisition and marketing experience within the Army Marketing and Research Group (hereinafter in this section referred to as the “AMRG”).

(D) A workforce analysis of AMRG in cooperation with the Office of Personnel Management and industry experts assessing the AMRG organizational structure, staffing, and training, including an assessment of the workplace climate and culture internal to the AMRG.

(E) The establishment of an Army Marketing and Advisory Board comprised of senior Army and marketing and advertising leaders and an assessment of industry and service marketing and advertising best practices including a plan to incorporate relevant practices.

(F) The status of the implementation of contracting practices recommended by the Army Audit Agency’s audit of contracting oversight of AMRG contained in Audit Report A–2018–0033–MTH.

(b) Limitation on use of funds.—Not more than 60 percent of the amounts authorized to be appropriated or otherwise made available in this Act for the AMRG for fiscal year 2019 for advertising and marketing activities may be obligated or expended until the Secretary of the Army submits the report required by subsection (a).

(c) Comptroller General review.—Not later than 90 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall conduct a review of the results and implementation of the recommendations of the Army Audit Agency Audits of the AMRG on contract oversight and return on investment. Such review shall include an assessment of the effects of the implementation of the recommendations on the AMRG leadership, workforce and business practices, and return on investment.

SEC. 586. Inclusion of blast exposure history in service records.

The Secretary of Defense shall ensure that blast exposure history is included in the service records of members of the Armed Forces in a manner that will assist in determining whether a future illness or injury is service connected.

SEC. 587. Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps.

The Secretaries of the military departments shall encourage the Junior Reserve Officer Training Corps to include cybersecurity educational programs and awareness in the curriculum of the Corps, including lessons on cyber defense, risks of cybersecurity vulnerabilities in the military, and pursuing studies and careers in cybersecurity and related fields within the Department of Defense.

SEC. 588. Publication of guidance and information on housing markets near certain military installations.

(a) In general.—The Secretary of Defense shall develop and make publicly available guidance and information about the housing market around military installations in the continental United States. Such guidance and information shall be designed to assist members of the Armed Forces in better using their basic allowance for housing.

(b) Matters for inclusion.—The information and guidance under subsection (a) shall include—

(1) information on the housing market around the installation, including—

(A) information about deciding whether to rent or buy, including taking into consideration the average deployment cycle for that military installation and permanent change of station timelines;

(B) information about houses and apartments;

(C) considerations of living with a roommate; and

(D) information about working with and through a landlord;

(2) suggested bedroom and bathroom and square footage for each basic allowance for housing category;

(3) recommended zip codes in which to look for properties;

(4) information about the availability of public transportation;

(5) average commute times to military installation and wait times at nearest gate; and

(6) a list of realtors and real estate brokers who work in the area, including any complaints registered against such realtors and brokers.

(c) GAO report.—The Comptroller General of the United States shall submit to Congress a report on a review of the Comptroller General of the rate setting procedure for basic allowance for housing. Such review shall cover how the Department of Defense collects basic allowance for housing data and shall include an analysis of each of the following:

(1) Whether the process in use is the most efficient process.

(2) Whether the information collected is publically available elsewhere.

(3) Whether the data collected reflects what is available through open source methods.

(4) How basic allowance for housing rates and cost of living adjustments are interrelated.

(5) Whether members of the Armed Forces about whom data is collected are receiving loan protections on interest rates pursuant to the Servicemembers Civil Relief Act.

(6) Whether such members of the Armed Forces experience issues when they need to break leases for a deployment or permanent change of station.

SEC. 589. Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—

(1) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and

(2) by inserting after subsection (j) the following new subsection (k):

“(k) Support beyond Program.—The Secretary of Defense shall provide funding to States to carry out programs that provide deployment cycle information, services, and referrals to members of the Armed Forces, including members of the regular components and members of the reserve components, and the families of such members, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:

“(1) Employment counseling.

“(2) Behavioral health counseling.

“(3) Suicide prevention.

“(4) Housing advocacy.

“(5) Financial counseling.

“(6) Referrals for the receipt of other related services.”.

SEC. 590. Exemption from repayment of voluntary separation pay.

Section 1175a(j) of title 10, United States Code, is amended—

(1) in paragraph (1) by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph:

“(4) This subsection shall not apply to a member who—

“(A) is involuntarily recalled to active duty or full-time National Guard duty; and

“(B) in the course of such duty, incurs a service-connected disability rating of total under section 1155 of title 38.”.

SEC. 591. Service of wounded warriors as remotely piloted aircraft pilots or remotely piloted aircraft sensor operators in the Air Force.

(a) Program required.—The Secretary of the Air Force shall establish a program under which a qualified wounded warrior who faces retirement or separation from the Armed Forces for physical disability may continue, in lieu of such retirement or separation, to serve in the Armed Forces as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator in the Air Force.

(b) Eligibility qualifications.—

(1) MODIFICATION OF PHYSICAL REQUIREMENTS.—In the case of wounded warriors only, the Secretary of the Air Force shall modify the physical fitness requirements applicable to a wounded warrior who is seeking to serve, or is serving, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the wounded warrior is incapable of meeting such requirements, such as completing an annual physical training test, due to the service-related disability, but otherwise satisfies the remotely piloted aircraft medical standard.

(2) MEDICAL WAIVERS.—The restriction on medical waivers contained in section 6.4.5.1 of Air Force Instruction 48–123 shall not apply to the program required by this section.

(3) CONTINUED APPLICABILITY OF OTHER REQUIREMENTS.—To serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, a wounded warrior applicant would still have to pass—

(A) the applicable Air Force Officer Qualifying Test or Armed Services Vocational Aptitude Battery; and

(B) the applicable security and mental health requirements.

(4) AUTOMATIC DISQUALIFICATION.—A wounded warrior may not be selected to serve, or continue to serve, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the Secretary of the Air Force determines that—

(A) the wounded warrior presents a hazard to flying safety or mission completion;

(B) performance of the duty would be hazardous to the health of the wounded warrior; or

(C) the wounded warrior is diagnosed with post-traumatic stress disorder, traumatic brain injury, or any other mental disorder that could hinder mission performance.

(c) Priority for certain wounded warriors.—In selecting wounded warriors to serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, the Secretary of the Air Force shall give priority to wounded warriors whose disability was incurred—

(1) in the line of duty in a combat zone designated by the Secretary of Defense; or

(2) during the performance of duty in combat-related operations as designated by the Secretary of Defense.

(d) Transfer authority.—In the case of a wounded warrior who is not a member of the Air Force, the Secretary of the Air Force shall cooperate with the Secretary concerned having jurisdiction over the wounded warrior to transfer the wounded warrior from the other Armed Force to the Air Force to permit the wounded warrior to be selected for the program under this section.

(e) Wounded warrior defined.—In this section, the term “wounded warrior” means a member of the Armed Forces who—

(1) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred in the line of duty; and

(2) is under consideration for retirement or separation under chapter 61 of title 10, United States Code, or has been placed on the temporary disability retired list.

SEC. 592. Transportation of remains of casualties; travel expenses for next of kin.

(a) Transportation for remains of a member who dies not in a theater of combat operations.—Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended—

(1) in the heading, by striking “dying in a theater of combat operations”; and

(2) in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”.

(b) Transportation for family.—The Secretary of Defense shall revise Department of Defense Instruction 1300.18 to extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware.

SEC. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Section 1408 of title 10, United States Code, is amended—

(1) in subsection (e)—

(A) in paragraph (1), by striking “The” and inserting “Subject to subsection (l)(2), the”; and

(B) in paragraph (4)(B), by striking “other provision of law” and inserting “provision of law except subsection (l)(2)”; and

(2) in subsection (l)(2), by striking the second sentence and inserting “The limitations on the amount of disposable retired pay available for payments under paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.”.

SEC. 594. Use of mobile applications for training manuals.

The Secretary of Defense shall encourage the military departments to transition training manuals, emergency guidance, and other publications needed to train members of the Armed Forces to applications on mobile telephones that use innovative technologies and provide for interaction between trainees and information needed to complete training in a manner that is cost efficient.

SEC. 595. Addressing attrition levels of women in the military.

Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall develop and carry out an exit survey to be completed by members of the Armed Forces to assist the Secretary to assess the reasons that attrition levels for women are higher than for men at various career points.

SEC. 596. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)(1)) is amended to read as follows:

“(1) PROOF OF MILITARY SERVICE.—

“(A) IN GENERAL.—Not later than 180 days after the date of a servicemember's termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—

“(i) the military orders calling the servicemember to military service and any orders further extending military service; or

“(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.

“(B) INDEPENDENT VERIFICATION BY CREDITOR.—

“(i) IN GENERAL.—Regardless of whether a servicemember has provided to a creditor the written notice and documentation under subparagraph (A), the creditor may use, in lieu of such notice and documentation, information retrieved from the Defense Manpower Database Center through the creditor’s normal business reviews of the Database Center for purposes of obtaining information indicating that the servicemember is on active duty.

“(ii) SAFE HARBOR.—A creditor that uses the information retrieved from the Defense Manpower Database Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—

“(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and

“(II) the creditor has not, as of such date, received the written notice and documentation required under subparagraph (A) with respect to the servicemember.”.

SEC. 597. Report regarding possible improvements to processing retirements and medical discharges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall issue a report to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and House of Representatives regarding possible improvements to the transition of members of the Armed Forces to veteran status.

(b) Elements.—The report under subsection (a) shall address the following:

(1) Feasibility of requiring members of the Armed Forces to apply for benefits administered by the Secretary of Veterans Affairs before such members complete discharge from the Armed Forces.

(2) Feasibility of requiring members of the Armed Forces to undergo compensation and pension examinations (to be administered by the Secretary of Defense) for purposes of obtaining benefits described in paragraph (1) before such members complete discharge from active duty in the Armed Forces.

(3) Possible improvements to the timeliness of the process for transitioning members who undergo medical discharge to care provided by the Secretary of Veterans Affairs.

SEC. 598. Chaplaincies of the Armed Forces.

(a) Purpose.—The purposes of the chaplaincies of the Armed Forces are—

(1) to accommodate the religious needs of members of the Armed Forces;

(2) to provide religious and pastoral care to members of the Armed Forces; and

(3) to provide advice to commanders of the Armed Forces on the complexities of religion with regard to the respective commander’s personnel and mission, as appropriate.

(b) Requirements.—Each chaplain of the Armed Forces shall be—

(1) a member of a religious organization;

(2) of sufficient education and ecclesiastical qualification; and

(3) qualified to conduct religious observances or ceremonies.

SEC. 601. Prompt review of request for imminent danger pay.

Section 310(d)(1) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall issue a determination regarding special pay under this section not later than 90 days after receiving a request for such determination from the commander of a geographic combatant command.”.

SEC. 602. Application of basic allowance for housing to members of the uniformed services in the Virgin Islands.

(a) In general.—Section 403(b) of title 37, United States Code, is amended—

(1) in the heading, by inserting “and the Virgin Islands” after “the United States”;

(2) in paragraph (1), by inserting “and the Virgin Islands” after “the United States”; and

(3) in paragraphs (2), (3)(A), and (6), by inserting “or the Virgin Islands” after “the United States” each place it appears.

(b) Conforming amendments.—Section 403(c) of title 37, United States Code, is amended—

(1) in the heading, by inserting “or the Virgin Islands” after “the United States”; and

(2) in paragraphs (1), (2), (3)(A)(i), and (3)(B), by inserting “or the Virgin Islands” after “the United States” each place it appears.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to payments under section 403 of title 37, United States Code, beginning on January 1, 2019.

SEC. 603. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation.

Section 1967(a)(3) of title 38, United States Code, is amended—

(1) in subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (D)”; and

(2) by adding at the end the following new subparagraph:

“(D) In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—

“(i) shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and

“(ii) upon the end of such deployment—

“(I) shall be insured in the amount elected by the member under subparagraph (B); or

“(II) shall not be insured, if so elected under paragraph (2)(A)”.

SEC. 604. Military Housing Privatization Initiative.

(a) Payment authority.—Each month beginning on the first month after the date of the enactment of this Act, the Secretary shall pay a lessor of covered housing 5 percent of the amount calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for the area in which the covered housing exists. Any such payment shall be in addition to any other payment made by the Secretary to that lessor.

(b) Plan for MHPI housing.—Not later than December 1, 2018, the Secretary shall submit to the congressional defense committees a long-range plan to develop measures to consistently address the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include—

(1) efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 37 U.S.C. 403(b)(3)(B)); and

(2) a full assessment of the effects of such reductions (in relation to calculations of market rates for rent and utilities) on the financial condition of MHPI housing.

(c) Reporting.—The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code:

(1) Provide additional contextual information on MHPI housing to identify any differences in the calculation of debt coverage ratios and any effect of such differences on their comparability.

(2) Immediately resume issuing such reports on the financial condition of MHPI housing.

(3) Revise Department of Defense guidance on MHPI housing—

(A) to ensure that relevant financial data (such as debt coverage ratios) in such reports are consistent and comparable in terms of the time periods of the data collected;

(B) to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and

(C) to require the secretary of each military department to define risk tolerance regarding the future sustainability of MHPI housing projects.

(4) Report financial information on future sustainment of each MHPI housing project in such reports.

(5) Provide Department of Defense guidance to the secretaries of the military departments to—

(A) assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; and

(B) identify methods to mitigate such risks based on their significance.

(6) Not later than December 1, 2018, finalize Department of Defense guidance that clearly defines—

(A) the circumstances in which the military departments shall provide notification of housing project changes to the congressional defense committees; and

(B) which types of such changes require prior notification to or prior approval from the congressional defense committees.

(d) Definitions.—In this section:

(1) The term “BAH” means the basic allowance for housing under section 403 of title 37, United States Code.

(2) The term “covered housing” means a unit of MHPI housing that is leased to a member of a uniformed service who resides in such unit.

(3) The term “MHPI housing” means housing acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative).

SEC. 605. Per diem allowance policies.

(a) Policy and regulations.—

(1) EXISTING POLICY AND REGULATIONS.—The Secretary of each military department may not implement the policy in the memorandum dated October 1, 2014, titled “UTD/CTS for MAP 118-13/CAP 118-13 – Flat Rate Per Diem for Long Term TDY”, regarding per diem allowances, or any regulations prescribed pursuant to such memorandum, on or after the date of the enactment of this Act.

(2) FUTURE POLICY AND REGULATIONS.— (A) The Secretary of each military department concerned may not implement a new policy regarding per diem allowances under section 474 of title 37, United States Code, until after the Secretary of Defense issues the report under subsection (b).

(B) The Secretary of the military department concerned shall notify the appropriate congressional committees not less than 60 days before implementing a new policy regarding per diem allowances under section 474 of title 37, United States Code.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a report to the appropriate congressional committees regarding options to reduce travel costs incurred by the Department of Defense, including the adoption of practices used by private entities.

(c) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

SEC. 606. Report on imminent danger pay and hostile fire pay.

(a) Report required.—Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report examining the current processes for awarding imminent danger pay and hostile fire pay to members of the Armed Forces.

(b) Elements.—This report under this section shall include the following:

(1) An analysis of difficulties in implementing the current system.

(2) An explanation of how geographic regions are selected to be eligible for such pay and the criteria used to define these regions.

(3) An examination of whether the current geographic model is the most appropriate way to award such pay, including the following:

(A) A discussion of whether the current model most accurately reflects the realities of modern warfare and is responsive enough to the needs of members.

(B) Whether the Secretary believes it would be appropriate to tie such pay to specific authorizations for deployments (including deployments of special operations forces) in addition to geographic criteria.

(C) A description of any change the Secretary would consider to update such pay to reflect the current operational environment.

(D) How the Secretary would implement each change under subparagraph (C).

(E) Recommendations of the Secretary for related regulations or legislative action.

SEC. 607. Sense of Congress regarding the widows’ tax.

It is the sense of Congress that—

(1) section 621 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) amended section 1450(m) of title 10, United States Code, to make permanent the special survivor indemnity allowance;

(2) under the special survivor indemnity allowance, surviving spouses and dependent children of members who die of a service-connected cause will not be subject to a full offset of survivor benefit plan payments by dependency and indemnity compensation, commonly referred to as the “widows’ tax”; and

(3) while the special survivor indemnity allowance alleviates the gap in benefits, the whole Congress must work together to find a way to eliminate the widows’ tax entirely.

SEC. 608. Reevaluation of BAH for the military housing area including Staten Island.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, using the most recent data available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States Code, for the military housing area that includes Staten Island, New York.

SEC. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.

(a) Compensation.—Section 206(a) of title 37, United States Code, is amended—

(1) in paragraph (2), by striking “or” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; or”; and

(3) by adding the end the following new paragraph:

“(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”.

(b) Credit for retired pay purposes.—

(1) IN GENERAL.—The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.

(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.—Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.

(3) WHEN CREDITED.—Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.

(4) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:

“(F) Points at the rate of 12 a year for the taking of maternity leave.”.

(5) COMPUTATION OF YEARS OF SERVICE FOR RETIRED PAY.—Section 12733 of such title is amended—

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph (5):

“(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”.

(c) Effective date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.

SEC. 611. One-year extension of certain expiring bonus and special pay authorities.

(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2018” and inserting “December 31, 2019”:

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2018” and inserting “December 31, 2019”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e) Authority to provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2018” and inserting “December 31, 2019”.

SEC. 621. Expansions of installation benefits to surviving spouses, dependent children, and other next of kin.

(a) Issuance of Gold Star Installation Access Cards.—

(1) ISSUANCE AND CONDITIONS ON USE.—

(A) IN GENERAL.—Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

§ 1126a. Gold Star Installation Access Card: issuance and protections

“(a) Issuance to Gold Star surviving spouse and dependent children of deceased member required.—The Secretary concerned shall provide for the issuance of a standardized Gold Star Installation Access Card to the widow and dependent children of a deceased member of the armed forces described in section 1126(a) of this title to facilitate their ability to gain unescorted access to military installations for the purpose of attending memorial events, visiting gravesites, and obtaining the on-installation services and benefits to which they are entitled or eligible.

“(b) Issuance to other next of kin authorized.—At the discretion of the Secretary concerned, the Secretary concerned may provide the Gold Star Installation Access Card to the parents and other next of kin of a deceased member of the armed forces described in section 1126(a) of this title.

“(c) Service-Wide acceptance of access card.—The Secretaries concerned shall work together to ensure that a Gold Star Installation Access Card issued by one armed force is accepted for access to military installations under the jurisdiction of another armed force.

“(d) Protection of installation security.—In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary—

“(1) to prevent fraud in the procurement or use of the Gold Star Installation Access Card;

“(2) to limit installation access to those areas of the installation that provide the services and benefits for which the recipient of the Gold Star Installation Access Card is entitled or eligible; and

“(3) to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

“(e) Termination.—The Gold Star Installation Access Card for the widow and dependent children of a deceased member of the armed forces shall remain valid for the life of the widow or child, regardless of subsequent marital status of the widow, subject to periodic renewal as determined by the Secretary concerned to ensure military installation security.”.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by inserting after the item relating to section 1126 the following new item:


“1126a. Gold Star Installation Access Card: issuance and protections.”.

(2) APPLICABILITY OF CURRENT DEFINITIONS.—Section 1126(d) of title 10, United States Code is amended by striking the matter preceding paragraph (1) and inserting the following: “In this section and section 1126a of this title:”.

(b) Extension of commissary and exchange benefits for remarried spouses with dependent children.—

(1) BENEFITS.—Section 1062 of title 10, United States Code, is amended—

(A) by striking “The Secretary of Defense” and inserting the following:

“(a) Certain unremarried former spouses.—The Secretary of Defense”; and

(B) by adding at the end the following new subsection:

“(b) Certain remarried surviving spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, who has guardianship of dependent children of the deceased member is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the unremarried surviving spouse of a member of the uniformed services.”.

(2) CONFORMING AMENDMENTS.—Section 1062 of title 10, United States Code, is further amended—

(A) by striking “commissary and exchange privileges” and inserting “use commissary stores and MWR retail facilities”; and

(B) by adding at the end the following new subsection:

“(c) MWR retail facilities.—The term ‘MWR retail facilities’ has the meaning given that term in section 1063(e) of this title.”.

(3) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of section 1062 of title 10, United States Code, is amended to read as follows:

§ 1062. Certain former spouses and surviving spouses”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item:


“1062. Certain former spouses and surviving spouses.”.

SEC. 622. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

(a) Availability of transportation.—Section 2641b of title 10, United States Code, is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

“(f) Special priority for certain disabled veterans.— (1) The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.

“(2) The transportation priority required by paragraph (1) for veterans described in such paragraph applies whether or not the Secretary establishes the travel program authorized by this section.

“(3) In this subsection, the terms ‘veteran’ and ‘service-connected’ have the meanings given those terms in section 101 of title 38.”.

(b) Effective date.—Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

SEC. 623. Extension of parking expenses allowance to civilian employees at recruiting facilities.

Section 481i(b)(1) of title 37, United States Code, is amended by striking “as a recruiter for any” and inserting “at a recruiting facility”.

SEC. 624. Advisory boards regarding military commissaries and exchanges.

The Secretary of Defense shall direct each commanding officer of a military base on which there is a military commissary or exchange to establish an advisory board, comprised of representatives of military or veterans service organizations, to advise the commanding officer regarding the interests of patrons and beneficiaries of military commissaries and exchanges.

SEC. 625. Study and report on development of a single defense resale system.

(a) Study.—The Secretary of Defense shall conduct a study to determine the feasibility of consolidating the military resale entities into a single defense resale system. Such study shall include the following:

(1) A financial assessment of consolidation of the military resale entities.

(2) A business case analysis of consolidation of the military resale entities.

(3) Organizational, operational, and business model integration plans for consolidation of the military resale entities.

(4) Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies.

(b) Report.—Not later than January 1, 2019, the Secretary shall submit a report to the congressional defense committees regarding the study under subsection (a). That report shall contain the following:

(1) Details of the internal and external organizational structures of a consolidated defense resale system.

(2) Recommendations of the Secretaries of each of the military departments regarding the plan to consolidate the military resale entities.

(3) The costs and associated plan for the merger of technologies or implementation of new technology from a third-party provider to standardize financial management and accounting processes of a consolidated defense resale system.

(4) Best practices to maximize reductions in costs associated with back-office retail payment processing for a consolidated defense resale system.

(5) A timeline for converting the Defense Commissary Agency into a non-appropriated fund instrumentality under section 2484(j) of title 10, United States Code.

(6) A determination whether the business case analysis supports consolidation of the military resale entities.

(7) Recommendations of the Secretary for legislation related to consolidation of the military resale entities.

(8) Other elements the Secretary determines are necessary for a successful evaluation of a consolidation of the military resale entities.

(c) Prohibition on use of funds.—None of the amounts authorized to be appropriated or otherwise made available in this Act may be obligated or expended for the purpose of implementing consolidation of the military resale entities until October 1, 2019.

(d) Military resale entities defined.—In this section the term “military resale entities” means—

(1) the Defense Commissary Agency;

(2) the Army and Air Force Exchange Service;

(3) the Navy Exchange; and

(4) the Marine Corps Exchange.

SEC. 626. Designation of new beneficiary under the Survivor Benefit Plan.

Section 1448(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph (H):

“(H) ELECTION OF NEW BENEFICIARY BY TERMINALLY ILL PARTICIPANT.—

“(i) AUTHORITY FOR ELECTION.—A participant in the Plan may elect a new beneficiary if the Secretary concerned determines that the participant is terminally ill. Any such beneficiary must be a natural person with an insurable interest in the participant.

“(ii) PROCEDURES.—Such an election shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day of the first month following the month in which the election is received by the Secretary.”.

SEC. 627. Report regarding management of military commissaries and exchanges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding management practices of military commissaries and exchanges.

(b) Elements.—The report required under this section shall include a cost-benefit analysis with the goals of—

(1) reducing the costs of operating military commissaries and exchanges by $2,000,000,000 during fiscal years 2019 through 2023; and

(2) not raising costs for patrons of military commissaries and exchanges.

SEC. 628. Access for veterans to certain fitness centers.

(a) In general.—Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

“SEC. 2569. Fitness centers: access for veterans.

“(a) In general.—Subject to subsection (b), the Secretary of a military department may grant veterans access to a fitness center that—

“(1) is under the jurisdiction of such Secretary; and

“(2) is operated by a geographically separated unit that is located not less than 100 miles from the supporting base of such unit.

“(b) Factors for consideration.—In determining whether to grant veterans access to a fitness center under subsection (a), the Secretary concerned shall consider—

“(1) whether the commander who oversees the fitness center has determined—

“(A) that such fitness center has the capacity and infrastructure required to support veterans; and

“(B) that granting veterans such access would not impede the readiness of members of the armed forces on active duty who use the fitness center;

“(2) the effect that granting veterans such access would have on the operating and maintenance expenses of the fitness center; and

“(3) any additional criteria determined by the Secretary concerned.

“(c) Definition.—In this section, the term ‘veteran’ has the meaning given such term in section 101 of title 38.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following:


“2569. Fitness centers: access for veterans.”.

SEC. 629. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers.

(a) Short title.—This section may be cited as the “Purple Heart and Disabled Veterans Equal Access Act of 2018”.

(b) Findings.—Congress finds the following:

(1) In 2017, the Secretary of Defense determined that the addition of new patron categories to the commissary and exchange systems would support the growth of a robust customer base and help ensure the ability of both systems to provide benefits to members of the Armed Forces and their families.

(2) The Secretary previously opposed extending commissary and exchange privileges to large patron groups such as disabled veterans.

(3) In January 2017, the Secretary of Defense approved limited online exchange shopping privileges for all veterans, effective November 11, 2017.

(4) The Secretary determined that current patrons of exchanges did not perceive the extension of such privileges as diluting the benefit for members of the Armed Forces.

(5) The Purple Heart is the oldest military decoration, awarded to members of the Armed Forces who have been wounded or died in combat, fighting for the United States. Since the modern incarnation of the award was established in 1932, approximately 1,800,000 members of the Armed Forces have been awarded the Purple Heart.

(c) Commissary stores and MWR facilities privileges for certain veterans and veteran caregivers.—

(1) EXTENSION OF PRIVILEGES.—Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section:

§ 1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans

“(a) Eligibility of veterans awarded the Purple Heart.—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(b) Eligibility of veterans who are Medal of Honor recipients.—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(c) Eligibility of veterans who are former prisoners of war.—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(d) Eligibility of veterans with service-Connected disabilities.—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(e) Eligibility of caregivers for veterans.—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(f) User fee authority.— (1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.

“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.

“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.

“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.

“(g) Definitions.—In this section:

“(1) The term ‘MWR facilities’ includes—

“(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and

“(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

“(2) The term ‘Medal of Honor recipient’ has the meaning given that term in section 1074h(c) of this title.

“(3) The terms ‘veteran’, ‘former prisoner of war’, and ‘service-connected’ have the meanings given those terms in section 101 of title 38.

“(4) The terms ‘caregiver’ and ‘family caregiver’ have the meanings given those terms in section in section 1720G(d) of title 38.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:


“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.”.

(3) EFFECTIVE DATE.—Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

(d) Authorization of appropriation for updating ePACS for military commissaries.—There is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, $500,000 to the Secretary of Defense for the purpose of updating the electronic physical access control system used by military commissaries and exchanges so that the system may recognize and accept veteran health identification cards.

(e) Sense of Congress regarding individuals awarded the Purple Heart.—It is the sense of Congress that the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, should maintain a list of all individuals awarded the Purple Heart.

SEC. 701. TRICARE Medicare Advantage demonstration program.

(a) Establishment.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall carry out a demonstration program under which, notwithstanding section 1851(c)(3) of the Social Security Act (42 U.S.C. 1395w–21(c)(3)), each covered individual is deemed, unless the individual (in accordance with a process specified by the Secretaries) elects otherwise, to have elected to receive benefits under title XVIII of such Act (42 U.S.C. 1395 et seq.) through a participating MA plan, with respect to the military health system region involved, (and shall be enrolled in such plan) for each plan year during which such demonstration program is carried out. In carrying out the demonstration program, the Secretary shall ensure that a covered individual who is enrolled in an MA plan in a military health system region selected under paragraph (3) that is not a participating MA plan may remain in such non-participating MA plan without making an election through such process specified in the previous sentence.

(2) DURATION.—Subject to subsection (d), the demonstration program established under paragraph (1) shall be carried out for a period of not less than 2 plan years.

(b) Participating MA plans.—

(1) DEFINITION.—For purposes of this section, the term “participating MA plan” means, with respect to a military health system region selected under paragraph (3) and a plan year beginning during the period during which the demonstration project is carried out, an eligible Medicare Advantage plan that enters into a contract under paragraph (2) with the Secretary of Defense to participate in the demonstration program under this section for such plan year.

(2) SELECTION OF PLANS.—

(A) IN GENERAL.—The Secretary shall, after consultation with the TRICARE managed care support contractor in each military health system region selected under paragraph (3) and with respect to each plan year beginning the period during which such demonstration program is carried out, enter into a contract with one or more eligible Medicare Advantage plans described in subparagraph (B) to participate in the demonstration program for such plan year, with respect to such military health system region. Under such contract, the Medicare Advantage organization offering such plan, with respect to such military health system region, shall agree to provide coverage under such plan to all covered individuals residing in such region during such plan year.

(B) ELIGIBLE MEDICARE ADVANTAGE PLAN.—For purposes of this section, an eligible Medicare Advantage plan, with respect to a military health system region selected under paragraph (3), is an MA plan that satisfies the following conditions, with respect to a plan year beginning during the period during which the demonstration program is carried out:

(i) The Medicare Advantage organization offering the plan has in effect a contract with the Secretary of Health and Human Services under section 1857 of the Social Security Act (42 U.S.C. 1395w–27) for offering such plan to MA eligible individuals in such military health system region with respect to such plan year.

(ii) The plan is, or is treated as, a qualifying plan under section 1853(o)(3) of such Act (42 U.S.C. 1395w–23(o)(3)), with respect to such plan year.

(3) SELECTION OF MILITARY HEALTH SYSTEM REGIONS.—The Secretary shall select two military health system regions in which to carry out the demonstration program, one from each TRICARE managed care support contractor region. Each such region shall have a large concentration of beneficiaries eligible for TRICARE for Life.

(c) Costs of program.—

(1) DEPARTMENT OF DEFENSE.—The Secretary shall bear the costs to the Department of Defense and realize any potential savings to the Department that result from the demonstration program.

(2) COST NEUTRALITY.—The costs paid under the demonstration program by the United States to the participating Medicare Advantage plans, and the costs paid by the United States pursuant to TRICARE for Life, for the period of the demonstration program, with respect to covered individuals enrolled in such plans during such period, may not exceed the estimated costs that would have been paid by the United States during such period for providing health care benefits to such individuals through the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act and TRICARE for Life, as adjusted to account for the age, location, and health status of the population.

(d) Certifications required to carry out program.—

(1) CERTIFICATIONS.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for each plan year occurring during the period during which the demonstration program is carried out, the Secretary shall submit to the appropriate congressional committees a report and certification on the demonstration program. If the Secretary does not submit the certification by such date each year, the Secretary may not carry out the demonstration program for the plan year or any subsequent plan year.

(2) ELEMENTS.—Each report and certification under paragraph (1), with respect to a plan year, shall include the following:

(A) Except for the first report and certification submitted under paragraph (1)—

(i) a certification that the demonstration program maintains cost neutrality pursuant to subsection (c)(2);

(ii) the number of covered individuals eligible to be enrolled in the demonstration program and the number of covered individuals who opted out of such enrollment in each participating MA plan in each such region; and

(iii) an assessment of the number of covered individuals enrolled in participating Medicare Advantage plans under the demonstration program that have reached the limit on out-of-pocket expenditures applied under the respective plan.

(B) A certification that the access standards for the TRICARE program are met in the Medicare Advantage plans selected under subsection (b)(2).

(C) A description of the average premium rates, and copayments or cost sharing, if any, for each participating MA plan in each military health system region selected under subsection (b)(3).

(D) A description of the quality rating determined under the 5-star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w–23(o)(4)) for such plan year for each participating MA plan.

(E) Any recommendations by the Secretary with respect to any legislative actions to improve the demonstration program.

(e) Report.—Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report providing a comprehensive assessment of the demonstration program.

(f) Regulations.—

(1) IN GENERAL.—The Secretary may prescribe regulations to expeditiously implement the demonstration program under subsection (a).

(2) RULEMAKING.—The Secretary shall carry out paragraph (1)—

(A) by prescribing an interim final rule; and

(B) not later than 180 days after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.

(g) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committees on Armed Services, Ways and Means, and Energy and Commerce of the House of Representatives; and

(B) the Committees on Armed Services, Finance, and Health, Education, Labor, and Pensions of the Senate.

(2) The term “covered individual” means an individual who—

(A) is a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3)));

(B) is enrolled in TRICARE for Life; and

(C) resides in a ZIP Code that is located—

(i) in a military health system region selected under subsection (b)(3); and

(ii) at least 40 miles from a military medical center or a military hospital described in subsections (b) and (c) of section 1073d of title 10, United States Code.

(3) The term “Medicare Advantage organization” has the meaning given that term in section 1859 of the Social Security Act (42 U.S.C. 1395w–28).

(4) The term “Medicare Advantage plan” means a health plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w–21 et seq.).

(5) The term “plan year” has the meaning given such term for purposes of such part.

(6) The term “Secretary” means the Secretary of Defense.

(7) The terms “TRICARE program” and “TRICARE for Life” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 702. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.

(a) In general.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.

(b) Discharge through partnerships.—The pilot program authorized by subsection (a) shall be carried out through partnerships with public, private, and non-profit health care organizations, universities, and institutions that—

(1) provide health care to members of the Armed Forces;

(2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the Armed Forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;

(3) provide health care, support, and other benefits to family members of members of the Armed Forces; and

(4) provide health care under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code).

(c) Program activities.—Each organization or institution that participates in a partnership under the pilot program authorized by subsection (a) shall—

(1) carry out intensive outpatient programs of short duration to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;

(2) use evidence-based and evidence-informed treatment strategies in carrying out such programs;

(3) share clinical and outreach best practices with other organizations and institutions participating in the pilot program; and

(4) annually assess outcomes for members of the Armed Forces individually and among the organizations and institutions participating in the pilot program with respect to the treatment of conditions described in paragraph (1).

(d) Evaluation metrics.—Before commencement of the pilot program, the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program and the activities under the pilot program.

(e) Reports.—

(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program authorized by subsection (a). The report shall include a description of the pilot program and such other matters on the pilot program as the Secretary considers appropriate.

(2) FINAL REPORT.—Not later than 180 days after the cessation of the pilot program under subsection (f), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the pilot program. The report shall include the following:

(A) A description of the pilot program, including the partnership under the pilot program as described in subsection (b).

(B) An assessment of the effectiveness of the pilot program and the activities under the pilot program.

(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extension or making permanent the authority for the pilot program.

(f) Termination.—The Secretary may not carry out the pilot program authorized by subsection (a) after the date that is three years after the date of the enactment of this Act.

SEC. 703. Pilot program on cryopreservation and storage.

(a) In general.—The Secretary of Defense shall establish a pilot program to provide not greater than 1,000 members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.

(b) Period of time.—

(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or of a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(3) DISPOSAL OF GAMETES.—If an individual described in paragraph (2) does not make a selection under subparagraph (A) or (B) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the 1-year period specified in paragraph (1) with respect to the individual.

(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.—To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.

SEC. 704. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Section 1074m(a)(1)(B) of title 10, United States Code, is amended by striking “Until January 1, 2019, once” and inserting “Once”.

SEC. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces.

Section 1145(a)(6)(B)(i) of title 10, United States Code, is amended—

(1) in subclause (I)—

(A) by inserting “, substance use disorder,” after “post-traumatic stress disorder”; and

(B) by striking “and” at the end;

(2) by redesignating subclause (II) as subclause (III); and

(3) by inserting after subclause (I) the following:

        “(II) chronic pain management services, including counseling and treatment of co-occurring mental health disorders and alternatives to opioid analgesics; and”.

SEC. 711. Transition of administration by Defense Health Agency of military medical treatment facilities.

Section 1073c(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “Beginning October 1, 2018,” and inserting “In accordance with paragraph (3), by not later than September 30, 2020,”;

(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(3) by inserting after paragraph (2) the following new paragraph (3):

“(3) (A) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.

“(B) In carrying out this subsection, and in addition to the requirements under section 1073d(e) of this title, the Secretary of Defense may not close any military medical treatment facility, limit the health services provided by a military medical treatment facility, or take any action to begin such a closure or limitation, until the date on which the Secretary submits to the congressional defense committees a report containing the following:

“(i) A certification that each Secretary of a military department has completed the transition of the administration of each military medical treatment facility from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1).

“(ii) A description of the metrics used by the Secretary of Defense to ensure that such transition is completed.

“(iii) A description of a cohesive headquarters structure that delineates the roles and responsibilities for each military department, the Joint Staff Surgeon, and the Defense Health Agency.

“(iv) A description of the methodology and criteria used by the Secretary to make decisions to close any military medical treatment facility or limit the health services provided by a military medical treatment facility, including input from the affected military department.

“(C) Not later than January 31, 2019, and every 6 months thereafter through September 30, 2020, the Director of the Defense Health Agency shall provide a briefing to the congressional defense committees on the progress of the transition under this paragraph.”; and

(4) in paragraph (3), as so redesignated, by striking “subsection (a)” and inserting “paragraph (1)”.

SEC. 712. Sharing information with State prescription drug monitoring programs.

(a) Establishment.—Section 1074g of title 10, United States Code, is amended—

(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

(2) by inserting after subsection (f) the following new subsection:

“(g) Sharing information with State prescription drug monitoring programs.— (1) The Secretary shall establish and operate a prescription drug monitoring program (to be known as the Military Health System Prescription Drug Monitoring Program) for prescription drugs provided through facilities of the uniformed services.

“(2) The Secretary shall ensure that the program established under paragraph (1)—

“(A) is comparable to prescription drug monitoring programs operated by States; and

“(B) covers prescription drugs provided under the pharmacy benefits program that are controlled substances.

“(3) (A) In carrying out the program established under paragraph (1), the Secretary shall establish appropriate procedures for sharing between the program and State prescription drug monitoring programs patient-specific information regarding prescription drugs that are controlled substances to prevent the misuse and diversion of opioid medications and other controlled substances.

“(B) For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), any disclosure of patient-specific information by the Secretary under subparagraph (A) shall be treated as a permitted disclosure.

“(C) The Secretary shall include in the procedures established under subparagraph (A) appropriate safeguards, as determined by the Secretary, concerning the cybersecurity of information systems of the Department of Defense systems and the operational security of personnel of the Department.

“(4) In this subsection, the term ‘controlled substance’ has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).”.

(b) Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the program established under section 1074g(g) of title 10, United States Code, as added by subsection (a).

(c) Conforming amendments.—

(1) TITLE 10, UNITED STATES CODE.—Section 1079(q) of title 10, United States Code, is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

(2) FY16 NDAA.—Section 715(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 1074g note) is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

(3) FY17 NDAA.—Section 745(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074 note) is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.

SEC. 713. Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces.

Section 1074l(a) of title 10, United States Code, is amended by striking “admitted to a military treatment facility within the United States” and inserting “admitted to any military medical treatment facility”.

SEC. 714. Improvements to trauma center partnerships.

Section 708(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—

(1) in paragraph (1), by striking “large metropolitan teaching hospitals that have level I civilian”;

(2) in paragraph (2)—

(A) by striking “with civilian academic medical centers and large metropolitan teaching hospitals”; and

(B) by striking “the trauma centers of the medical centers and hospitals” and inserting “trauma centers”; and

(3) in paragraph (3), by striking “large metropolitan teaching hospitals” and inserting “trauma centers”.

SEC. 715. Wounded warrior policy review.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and management of recovering service members. In conducting such review, the Secretary shall consider best practices—

(1) in the care of recovering service members;

(2) in the administrative management relating to such care;

(3) to carry out applicable provisions of Federal law; and

(4) recommended by the Comptroller General of the United States in the report titled “Army Needs to Improve Oversight of Warrior Transition Units”.

(b) Scope of policy.—In carrying out subsection (a), the Secretary shall update policies of the Department of Defense with respect to each of the following:

(1) The case management coordination of members of the Armed Forces between the military departments and the military medical treatment facilities administered by the Director of the Defense Health Agency pursuant to section 1073c of title 10, United States Code, including with respect to the coordination of—

(A) appointments;

(B) rehabilitative services;

(C) recuperation in an outpatient status;

(D) contract care provided by a private health care provider outside of a military medical treatment facility;

(E) the disability evaluation system; and

(F) other administrative functions relating to the military department.

(2) The transition of a member of the Armed Forces who is retired under chapter 61 of title 10, United States Code, from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.

(3) Facility standards related to lodging and accommodations for recovering service members and the family members and non-medical attendants of such recovering service members.

(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b).

(d) Definitions.—In this section, the terms “disability evaluation system”, “outpatient status”, and “recovering service members” have the meaning given those terms in section 1602 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

SEC. 716. Joint force medical capabilities development and standardization.

(a) Development.—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop a process to establish required joint medical capabilities for members of the Armed Forces that meet the operational planning requirements of the combatant commands.

(b) Process.—The process developed under subsection (a) shall include—

(1) the development of a joint medical estimate to determine the medical requirements for treating members of the Armed Forces who are wounded, ill, or injured during military operations, including with respect to environmental health and force health protection.

(2) a process to review and revise military health related mission essential tasks that are aligned with health professional knowledge, skills, and abilities; and

(3) a process to standardize the interoperability of medical equipment and capabilities to the greatest extent practicable to support the joint force.

(c) Report.—Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the process developed under subsection (a).

SEC. 717. Burn patient transfer system.

The Secretary of Defense may develop a burn patient transfer system, including any required hardware and software, that would provide a platform for reporting immediate and surge bed availability and that would electronically match patient acuity with open beds at other military and civilian burn centers.

SEC. 718. Report on MHS Genesis electronic health record system.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the corrective actions that were taken based on the results of the Initial Operational Test and Evaluation Report prior to fielding the electronic health record system known as MHS Genesis to additional military medical treatment facilities beyond such facilities participating in the initial operational testing and evaluation of MHS Genesis.

SEC. 721. Establishment of TriService Dental Research Program.

(a) In general.—Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2117. Military dental research

“(a) Definitions.—In this section:

“(1) The term ‘military dental research’ means research on the furnishing of care and services by dentists in the armed forces.

“(2) The term ‘TriService Dental Research Program’ means the program of military dental research authorized under this section.

“(b) Program authorized.—The Secretary of Defense may establish at the University a program of military dental research.

“(c) TriService research group.—The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.

“(d) Duties of group.—The TriService Dental Research Group shall—

“(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and

“(2) make available to Army, Navy, and Air Force dentists and Department of Defense officials concerned with military dental research—

“(A) information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and

“(B) expertise and information beneficial to the encouragement of meaningful dental research.

“(e) Research topics.—For purposes of this section, military dental research includes research on the following issues:

“(1) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.

“(2) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.

“(3) Issues regarding how to improve methods of training dental personnel.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new section:


“2117. Military dental research.”.

SEC. 722. Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Section 178(c)(1)(C) of title 10, United States Code, is amended to read as follows:

“(C) six members appointed by the ex officio members of the Council designated in subparagraphs (A) and (B).”.

SEC. 723. Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund.

Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), is further amended by striking “September 30, 2019” and inserting “September 30, 2020”.

SEC. 724. Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense.

(a) Annual periodic health assessment.—The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into annual periodic health assessments conducted by the Department of Defense for members of the Armed Forces.

(b) Research efforts.—The Secretary shall incorporate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions into the Health Related Behaviors Survey of Active Duty Military Personnel.

SEC. 725. Medical simulation technology and live tissue training within the Department of Defense.

(a) In general.—

(1) USE OF SIMULATION TECHNOLOGY.—Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology before the use of live tissue training to train medical professionals and combat medics of the Department of Defense.

(2) DETERMINATION.—The use of live tissue training within the Department of Defense may be used as determined necessary by the medical chain of command.

(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the Senate on the use and benefit of medical simulation technology and live tissue training within the Department of Defense to train medical professionals, combat medics, and members of the Special Operations Forces.

(c) Elements.—The briefing under subsection (b) shall include the following:

(1) A discussion of the benefits and needs of both medical simulation technology and live tissue training.

(2) Ways and means to enhance and advance the use of simulation technologies in training.

(3) An assessment of current medical simulation technology requirements, gaps, and limitations.

(4) An overview of Department of Defense medical training programs, as of the date of the briefing, that use live tissue training and medical simulation technologies.

(5) Any other matters the Secretary determines appropriate.

SEC. 726. Limitation on changes to Federal Emergency Services certification levels of the Air Force.

The Secretary of the Air Force may not transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level until the Secretary submits to the congressional defense committees a report that contains the following:

(1) Details on the process and factors the Air Force Emergency Medical Services Working Group used and considered to determine which military installations would be required to transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level.

(2) The required base and community emergency response standards the Air Force Emergency Medical Services Working Group based such transition on, including information on where these standards are defined and how these standards were developed.

(3) Information on how the Air Force will meet the needs of trench rescue, water rescue, high angle rescue, and confined space rescue pursuant to Department of Defense Instructions with less Emergency Medical Technician certified personnel.

(4) Information on the required response time standard for advanced life support and how the Air Force Emergency Medical Services Working Group determined a military installation could meet this standard.

(5) Details on any contingency plans the Air Force has developed when basic and advance life support care and ambulance transport are unavailable as a result of these resources being used to transport patients to medical facilities located off the military installation.

SEC. 727. Strategic medical research plan.

(a) Plan.—Not later than 30 days after the date on which the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees a comprehensive strategic medical research plan.

(b) Matters included.—The plan under subsection (a) shall include the following:

(1) A description of all medical research focus areas of the Department of Defense and a description of the coordination process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program.

(2) A description of the medical research projects funded under the Defense Health Program account and the projects under the Congressional Directed Medical Research Programs.

(3) A description of the process to ensure synergy across the military medical research community to address gaps in military medical research, minimize duplication of research, and to promote collaboration within research focus areas.

(4) A description of the efforts of the Secretary to coordinate with other departments and agencies of the Federal Government to increase awareness of complementary medical research efforts that are being carried out through the Federal Government.

SEC. 728. Independent evaluation of mental health care.

(a) In general.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to evaluate the management of mental health care by the Defense Health Agency pursuant to section 1073c(a) of title 10, United States Code.

(b) Selection.—The Secretary shall select a federally funded research and development center under subsection (a) that has expertise and a record of independent, peer-reviewed publications with respect to—

(1) behavioral health research; and

(2) independent evaluations of mental health programs within the Department of Defense using multidisciplinary methods.

(c) Matters included.—The evaluation under subsection (a) shall include the following:

(1) An assessment of the management of mental health care by the Defense Health Agency, including—

(A) how mental health care providers will be arranged within the command structure of the Agency; and

(B) how mental health care policy and processes will be managed within the Agency.

(2) An assessment of the ability of each Surgeon General of the military departments to maintain the readiness of the military health workforce to deliver mental health care services operationally in support of deployed forces.

(3) An assessment of the coordination of behavioral health research efforts across the research continuum.

(4) An assessment of the inclusion of evidence-based suicide prevention programs.

(5) A description of new processes to accelerate scientific research and delivery of breakthrough therapies for traumatic brain injury, chronic traumatic encephalopathy, and post-traumatic stress disorder.

(6) Plans to field medical devices approved by the Food and Drug Administration that provide clinicians with rapid, accurate assessments of traumatic brain injury.

(d) Submission.—Not later than April 1, 2019, the Secretary shall submit to the congressional defense committees a report on the evaluation under subsection (a).

SEC. 729. Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

(a) Study.—The Secretary of Defense shall conduct a study assessing the impact of using established rates to reimburse covered mental health care providers on the availability of such providers.

(b) Elements.—The study under subsection (a) shall include the following:

(1) An evaluation of—

(A) whether there are enough covered mental health care providers to adequately serve the beneciaries under TRICARE Prime and the beneficiaries under TRICARE Select of each locality in the East and West regions of the TRICARE program, including in rural communities in such regions; and

(B) whether the requirements under sections 1079(h)(1) and 1097b of title 10, United States Code, to use established rates to reimburse covered mental health care providers limits the number of covered health care providers serving each locality in the East and West regions of the TRICARE program, including in rural communities in such regions.

(2) An assessment of the impact of using established rates to reimburse covered mental health care providers on—

(A) the ability of beneficaries under TRICARE Prime and beneficiaries under TRICARE Select beneficiaries to access appropriate and timely mental health care in accordance with section 199.17 of title 32, Code of Federal Regulations; and

(B) the availability of services provided by mental health care providers that are needed by members of the Armed Forces to be medically ready.

(3) Information about instances in which the Secretary provided or applied exceptions to established rates pursuant to sections 1079(h)(2) of title 10, United States Code, to increase the number of covered mental health care providers.

(4) A description of how the Secretary solicits and collects feedback from covered mental health care providers on established rates.

(5) A list of actions the Secretary has taken to address such feedback.

(6) Any legislative, regulatory, or policy recommendations that are necessary to improve the overall medical readiness of Armed Forces.

(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on the Armed Services of the Senate a report on the results of the study required under subsection (a).

(d) Briefing.—Not later than 60 days after the date on which the report required under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary shall provide a briefing to such committees on the results of the study required under subsection (a).

(e) Comptroller general review and report.—Not later than 180 days after the date on which the report under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Comptroller General of the United States shall—

(1) review the report required under subsection (c); and

(2) submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate an assessment of—

(A) whether the results of the study required under subsection (a) are supported by the data and information examined in the study required under subsection (a); and

(B) the feasibility of any recommendations identified by the Secretary under subsection (b)(6).

(f) Definitions.—In this section:

(1) The term “established rate” means the payment amount determined by the Secretary pursuant to sections 1079(h)(1) and 1097b of title 10, United States Code, and section 199.14 of title 32, Code of Federal Regulations.

(2) The term “covered mental health care provider” means a mental health care provider under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

(3) The term “mental health care provider” means a psychiatrist, clinical psychologist, certified psychiatric nurse specialist, certified clinical social worker, certified marriage and family therapist, TRICARE certified mental health counselor, pastoral counselor under the supervision of a physician, and supervised mental health counselor under the supervision of a physician.

(4) The term locality means a geographic location—

(A) designated as a Prime Service Area under section 199.17(b)(1) of title 32, Code of Federal Regulations; and

(B) in which the Secretary entered into a contract under chapter 55 of title 10, United States Code, with a contractor under the TRICARE program to provide health care services to beneficiaries by TRICARE-authorized civilian health care providers.

(5) The terms “TRICARE Prime” and “TRICARE Select” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico.

(a) Study.—The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the feasibility and effect of extending the eligibility to enroll in, and the coverage of, TRICARE Prime to members of the Armed Forces and covered beneficiaries who reside in Puerto Rico to the same degree that a covered beneficiary who resides in any of the several States may enroll in TRICARE Prime.

(b) Elements.—The study under subsection (a) shall address the following:

(1) The requirements, as of the date of the study, for a covered beneficiary to be eligible to enroll in the TRICARE program in Puerto Rico.

(2) The number of—

(A) covered beneficiaries who are enrolled in the TRICARE program who reside in Puerto Rico; and

(B) such covered beneficiaries who would potentially enroll in TRICARE Prime if the Secretary extends TRICARE Prime as described in subsection (a).

(3) The demographic distribution of covered beneficiaries who reside in Puerto Rico.

(4) The access of such covered beneficiaries to health care networks, including trauma care centers, as of the date of the study.

(5) The quality of such health care networks.

(6) The costs and timeline requirements for extending TRICARE Prime as described in subsection (a).

(7) The feasibility of using medical resources of the Department of Defense to cover gaps in service availability in Puerto Rico if such extension does not occur.

(c) Submission.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a).

(d) Definitions.—In this section, the terms “covered beneficiary”, “TRICARE Prime”, and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 731. Study on health effects relating to activity of the Armed Forces on Vieques.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing a study of the health effects of the live-fire training at Vieques Naval Training Range conducted by the Navy before 2002 and other activities of the Armed Forces on the island of Vieques, Puerto Rico. The study shall include a comprehensive analysis of the following:

(1) The immediate health effects of such training and activity on the residents of Vieques.

(2) The long-term health effects of such training and activity on the residents of Vieques.

(3) The potential ongoing health effects caused by any contamination relating to such training and activity.

SEC. 732. Strategy to recruit and retain mental health providers.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—

(1) describes the shortage of mental health providers of the Department of Defense;

(2) explains the reasons for such shortage;

(3) explains the effect of such shortage on members of the Armed Forces; and

(4) contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.

SEC. 733. Study on earning by special operations forces medics of credits towards a physician assistant degree.

(a) Study.—The Secretary of Defense shall conduct a study to assess the feasibility and advisability of establishing partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Secretary, through which special operations forces medics earn credit toward the master's degree of physician assistant for military operational work and training performed by the medics.

(b) Elements.—The study under subsection (a) shall include the following:

(1) The feasibility with respect to establishing partnerships described in subsection (a) that permit medics to conduct clinical training at medical facilities of the Department of Defense and the civilian sector in order to meet the increasing demand for highly trained health care providers at such facilities.

(2) How partnerships described in subsection (a) will ensure that the evaluation of work and training performed by medics for which credits are earned comply with civilian clinical evaluation standards applicable to the awarding of master's degrees of physician assistant.

(3) How the Secretary can leverage the physician assistant program at the Uniformed Services University to coordinate such partnerships and assist with credits.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on the study under subsection (a).

SEC. 734. Study of drug shortages and impact on members of the Armed Forces.

(a) Congressional findings.—The Congress finds the following:

(1) Shortages of critical medical drugs used for surgery and emergency care have increased significantly during 2017 and 2018.

(2) Reports from physicians have identified critical drugs such as dilaudid, bupivacaine, morphine, and epinephrine as important commonly needed drugs in shortage.

(3) Health care providers for the Armed Forces use the same drugs as civilian health care providers and are experiencing similar shortages in surgical facilities.

(4) Such shortages could compromise the quality of care available to members of the Armed Forces.

(b) Study.—The Secretary of Defense shall conduct a study of shortages of drugs used in the surgical and emergency settings of military facilities—

(1) to determine if the quality or safety of military health care has been compromised by such shortages;

(2) to identify and examine supply chain issues related to the availability of drugs used for surgery and emergency care; and

(3) to identify and examine the impact of shortages on care for military patients.

(c) Consultation.—In conducting the study under subsection (b), the Secretary shall consult with the Commissioner of Food and Drugs, the Administrator of the Drug Enforcement Administration, and such other stakeholders as the Secretary considers relevant to the study, including physician organizations and drug manufacturers.

(d) Report.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the study under this section and setting forth any conclusions and recommendations resulting from the study.

SEC. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system.

The Secretary of Defense shall transmit to the Secretary of Veterans Affairs a report detailing lessons learned by the Secretary of Defense with respect to successfully remediating concerns found during the initial operational testing and evaluation of the electronic health record system known as MHS Genesis.

SEC. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces.

The Secretary of Defense shall prepare and submit a report to congressional defense committees regarding the actions the Department of Defense is taking to prevent and treat opioid use among the dependents of members of the Armed Forces. Such report shall include how information is shared between military medical treatment facilities across the country, what counseling services are available to dependents and how such services are publicized, and a plan for intervention strategies to prevent opioid use and abuse.

SEC. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder.

(a) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(2) CONTENTS.—The report under this subsection shall include the following:

(A) A summary of the Army’s, the Navy’s, and the Air Force’s practices for prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(B) Identification of medical centers serving members of the Armed Forces found to having higher than average incidences of prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder guidelines.

(C) A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.

(D) A plan for ongoing monitoring of medical centers found to have higher than average incidences of prescribing medication that were inconsistent with the post-traumatic stress disorder guidelines by the Department of Defense and the Veterans Health Administration.

(b) Monitoring Program.—Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces shall provide as follows:

(1) The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.

(2) The monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department of Defense and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.

(3) The monitoring program shall establish internal procedures, not later than October 1, 2020, to address practices for prescribing medication that are inconsistent with the post-traumatic stress disorder medication guidelines developed Department of Defense and the Veterans Health Administration.

SEC. 738. Pilot program on mindfulness-based stress reduction in pre-deployment training.

(a) Pilot program.—The Secretary of Defense, in consultation with the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a pilot program under which the Secretary provides mindfulness-based stress reduction training to members of the Armed Forces before their deployment to a combat theater of operations.

(b) Study and report.—The Secretary of Defense shall study and submit to Congress a report on the effectiveness of training under the pilot program, including the effect of the training on—

(1) managing stress; and

(2) preventing post-traumatic stress disorder.

SEC. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.

(b) Matters included.—The study under subsection (a) shall include the following:

(1) An analysis of whether the requirement described in such subsection affects covered individuals from returning to work.

(2) The number of individuals who—

(A) are retired from the Armed Forces under chapter 61 of title 10, United States Code;

(B) are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and

(C) because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select.

(3) The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) if able.

(c) Definitions.—In this section:

(1) The term “covered individual” means an individual—

(A) who is under 65 years of age;

(B) who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));

(C) whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and

(D) who is retired under chapter 61 of title 10, United States Code.

(2) The terms “TRICARE for Life”, “TRICARE Extra”, “TRICARE Standard”, “TRICARE Select”, and “TRICARE Prime” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 800. Effective dates; coordination of amendments.

(a) Effective dates.—

(1) PARTS I AND II.—Parts I and II of this subtitle, and the redesignations and amendments made by such parts, shall take effect on February 1, 2020.

(2) PART III.—Part III of this subtitle shall take effect on the date of the enactment of this Act.

(b) Coordination of amendments.—The redesignations and amendments made by part II of this subtitle shall be executed—

(1) before the amendments made by part I of this subtitle; and

(2) after any amendments made by any other provisions of this Act.

SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.

(a) In general.—Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:

“PART VAcquisition

  • “ Chap. Sec.
  • “SUBPART A—GENERAL

  • “201. Definitions 3001
  • “203. General Matters 3021
  • “205. Defense Acquisition System 3051
  • “207. Budgeting and Appropriations Matters 3101
  • “209. Overseas Contingency Operations 3151
  • “SUBPART B—ACQUISITION PLANNING

  • “221. Planning and Solicitation Generally 3201
  • “223. Planning and Solicitation Relating to Particular Items or Services 3251
  • “SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

  • “241. Awarding of Contracts 3301
  • “243. Specific Types of Contracts 3351
  • “245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
  • “247. Acquisition of Commercial Items 3451
  • “249. Multiyear Contracts 3501
  • “251. Simplified Acquisition Procedures 3551
  • “253. Emergency and Rapid Acquisitions 3601
  • “255. Contracting With or Through Other Agencies 3651
  • “SUBPART D—GENERAL CONTRACTING REQUIREMENTS

  • “271. Truthful Cost or Pricing Data 3701
  • “273. Allowable Costs 3741
  • “275. Proprietary Contractor Data and Technical Data 3771
  • “277. Contract Financing 3801
  • “279. Contractor Audits and Accounting 3841
  • “281. Claims and Disputes 3861
  • “283. Foreign Acquisitions 3881
  • “285. Small Business Programs 3901
  • “287. Socioeconomic Programs 3961
  • “SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

  • “301. Major Defense Acquisition Programs 4001
  • “303. Weapon Systems Development and Related Matters 4071
  • “305. Other Matters Relating to Major Systems 4121
  • “SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

  • “321. Research and Development Generally 4201
  • “323. Innovation 4301
  • “325. Department of Defense Laboratories 4351
  • “327. Research and Development Centers and Facilities 4401
  • “329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
  • “SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

  • “341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
  • “343. Acquisition of Services 4541
  • “345. Acquisition of Information Technology 4571
  • “SUBPART H—CONTRACT MANAGEMENT

  • “361. Contract Administration 4601
  • “363. Prohibitions and Penalties 4651
  • “365. Contractor Workforce 4701
  • “367. Other Administrative and Miscellaneous Provisions 4751
  • “SUBPART I—DEFENSE INDUSTRIAL BASE

  • “381. Defense Industrial Base Generally 4801
  • “383. Loan Guarantee Programs 4861
  • “385. Procurement Technical Assistance Cooperative Agreement Program 4881




“subpart AGeneral

“CHAPTER 201DEFINITIONS

“SEC. 3001. [Reserved].

[Reserved]

“CHAPTER 203GENERAL MATTERS

“SEC. 3021. [Reserved].

[Reserved]

“CHAPTER 205DEFENSE ACQUISITION SYSTEM

“SEC. 3051. [Reserved].

[Reserved]

“CHAPTER 207BUDGETING AND APPROPRIATIONS MATTERS

“SEC. 3101. [Reserved].

[Reserved]

“CHAPTER 209OVERSEAS CONTINGENCY OPERATIONS

“SEC. 3151. [Reserved].

[Reserved]

“subpart BAcquisition Planning

“CHAPTER 221PLANNING AND SOLICITATION GENERALLY

“SEC. 3201. [Reserved].

[Reserved]

“CHAPTER 223PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES

“SEC. 3251. [Reserved].

[Reserved]

“subpart CContracting Methods and Contract Types

“CHAPTER 241AWARDING OF CONTRACTS

“SEC. 3301. [Reserved].

[Reserved]

“CHAPTER 243SPECIFIC TYPES OF CONTRACTS

“SEC. 3351. [Reserved].

[Reserved]

“CHAPTER 245TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)

“SEC. 3401. [Reserved].

[Reserved]

“CHAPTER 247ACQUISITION OF COMMERCIAL ITEMS

“SEC. 3451. [Reserved].

[Reserved]

“CHAPTER 249MULTIYEAR CONTRACTS

“SEC. 3501. [Reserved].

[Reserved]

“CHAPTER 251SIMPLIFIED ACQUISITION PROCEDURES

“SEC. 3551. [Reserved].

[Reserved]

“CHAPTER 253EMERGENCY AND RAPID ACQUISITIONS

“SEC. 3601. [Reserved].

[Reserved]

“CHAPTER 255CONTRACTING WITH OR THROUGH OTHER AGENCIES

“SEC. 3651. [Reserved].

[Reserved]

“subpart DGeneral Contracting Requirements

“CHAPTER 271TRUTHFUL COST OR PRICING DATA

“SEC. 3701. [Reserved].

[Reserved]

“CHAPTER 273ALLOWABLE COSTS

“SEC. 3741. [Reserved].

[Reserved]

“CHAPTER 275PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA

“SEC. 3771. [Reserved].

[Reserved]

“CHAPTER 277CONTRACT FINANCING

“SEC. 3801. [Reserved].

[Reserved]

“CHAPTER 279CONTRACTOR AUDITS AND ACCOUNTING

“SEC. 3841. [Reserved].

[Reserved]

“CHAPTER 281CLAIMS AND DISPUTES

“SEC. 3861. [Reserved].

[Reserved]

“CHAPTER 283FOREIGN ACQUISITIONS

“SEC. 3881. [Reserved].

[Reserved]

“CHAPTER 285SMALL BUSINESS PROGRAMS

“SEC. 3901. [Reserved].

[Reserved]

“CHAPTER 287SOCIOECONOMIC PROGRAMS

“SEC. 3961. [Reserved].

[Reserved]

“subpart ESpecial Categories of Contracting: Major Defense Acquisition Programs and Major Systems

“CHAPTER 301MAJOR DEFENSE ACQUISITION PROGRAMS

“SEC. 4001. [Reserved].

[Reserved]

“CHAPTER 303WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

“SEC. 4071. [Reserved].

[Reserved]

“CHAPTER 305OTHER MATTERS RELATING TO MAJOR SYSTEMS

“SEC. 4121. [Reserved].

[Reserved]

“subpart FSpecial Categories of Contracting: Research, Development, Test, and Evaluation

“CHAPTER 321RESEARCH AND DEVELOPMENT GENERALLY

“SEC. 4201. [Reserved].

[Reserved]

“CHAPTER 323INNOVATION

“SEC. 4301. [Reserved].

[Reserved]

“CHAPTER 325DEPARTMENT OF DEFENSE LABORATORIES

“SEC. 4351. [Reserved].

[Reserved]

“CHAPTER 327RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES

“SEC. 4401. [Reserved].

[Reserved]

“CHAPTER 329OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION

“SEC. 4451. [Reserved].

[Reserved]

“subpart GOther Special Categories Of Contracting

“CHAPTER 341CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS

“SEC. 4501. [Reserved].

[Reserved]

“CHAPTER 343ACQUISITION OF SERVICES

“SEC. 4541. [Reserved].

[Reserved]

“CHAPTER 345ACQUISITION OF INFORMATION TECHNOLOGY

“SEC. 4571. [Reserved].

[Reserved]

“subpart HContract Management

“CHAPTER 361CONTRACT ADMINISTRATION

“SEC. 4601. [Reserved].

[Reserved]

“CHAPTER 363PROHIBITIONS AND PENALTIES

“SEC. 4651. [Reserved].

[Reserved]

“CHAPTER 365CONTRACTOR WORKFORCE

“SEC. 4701. [Reserved].

[Reserved]

“CHAPTER 367OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

“SEC. 4751. [Reserved].

[Reserved]

“subpart IDefense Industrial Base

“CHAPTER 381DEFENSE INDUSTRIAL BASE GENERALLY

“SEC. 4801. [Reserved].

[Reserved]

“CHAPTER 383LOAN GUARANTEE PROGRAMS

“SEC. 4861. [Reserved].

[Reserved]

“CHAPTER 385PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

“SEC. 4881. [Reserved].

[Reserved”.]

(b) Table of chapters amendment.—The table of chapters at the beginning of subtitle A is amended by adding at the end the following new items:

“PART VACQUISITION

  • “ Chap. Sec.
  • “SUBPART A—GENERAL

  • “201. Definitions 3001
  • “203. General Matters 3021
  • “205. Defense Acquisition System 3051
  • “207. Budgeting and Appropriations Matters 3101
  • “209. Overseas Contingency Operations 3151
  • “SUBPART B—ACQUISITION PLANNING

  • “221. Planning and Solicitation Generally 3201
  • “223. Planning and Solicitation Relating to Particular Items or Services 3251
  • “SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

  • “241. Awarding of Contracts 3301
  • “243. Specific Types of Contracts 3351
  • “245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
  • “247. Acquisition of Commercial Items 3451
  • “249. Multiyear Contracts 3501
  • “251. Simplified Acquisition Procedures 3551
  • “253. Emergency and Rapid Acquisitions 3601
  • “255. Contracting With or Through Other Agencies 3651
  • “SUBPART D—GENERAL CONTRACTING REQUIREMENTS

  • “271. Truthful Cost or Pricing Data 3701
  • “273. Allowable Costs 3741
  • “275. Proprietary Contractor Data and Technical Data 3771
  • “277. Contract Financing 3801
  • “279. Contractor Audits and Accounting 3841
  • “281. Claims and Disputes 3861
  • “283. Foreign Acquisitions 3881
  • “285. Small Business Programs 3901
  • “287. Socioeconomic Programs 3961
  • “SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

  • “301. Major Defense Acquisition Programs 4001
  • “303. Weapon Systems Development and Related Matters 4071
  • “305. Other Matters Relating to Major Systems 4121
  • “SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

  • “321. Research and Development Generally 4201
  • “323. Innovation 4301
  • “325. Department of Defense Laboratories 4351
  • “327. Research and Development Centers and Facilities 4401
  • “329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
  • “SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

  • “341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
  • “343. Acquisition of Services 4541
  • “345. Acquisition of Information Technology 4571
  • “SUBPART H—CONTRACT MANAGEMENT

  • “361. Contract Administration 4601
  • “363. Prohibitions and Penalties 4651
  • “365. Contractor Workforce 4701
  • “367. Other Administrative and Miscellaneous Provisions 4751
  • “SUBPART I—DEFENSE INDUSTRIAL BASE

  • “381. Defense Industrial Base Generally 4801
  • “383. Loan Guarantee Programs 4861
  • “385. Procurement Technical Assistance Cooperative Agreement Program 4881”.




SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF TITLE 10, UNITED STATES CODE—AIR FORCE.

(a) Subtitle D, part III, section numbers.—The sections in part III of subtitle D of title 10, United States Code, are redesignated as follows:

(1) CHAPTER 909.—Each section in chapter 909 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 50.

(2) CHAPTER 907.—Each section in chapter 907 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 70.

(3) CHAPTERS 901 AND 903.—Each section in chapter 901 and chapter 903 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100.

(b) Subtitle D, part II, section numbers.—The sections in part II of such subtitle are redesignated as follows:

(1) CHAPTER 831.—Section 8210 is redesignated as section 9110.

(2) CHAPTER 833.—Sections 8251, 8252, 8257, and 8258 are redesignated as sections 9131, 9132, 9137, and 9138, respectively.

(3) CHAPTER 835.—Sections 8281 and 8310 are redesignated as sections 9151 and 9160, respectively.

(4) CHAPTER 839.—Section 8446 is redesignated as section 9176.

(5) CHAPTER 841.—Sections 8491 and 8503 are redesignated as sections 9191 and 9203, respectively.

(6) CHAPTER 843.—Sections 8547 and 8548 are redesignated as sections 9217 and 9218, respectively.

(7) CHAPTER 845.—Sections 8572, 8575, 8579, 8581, and 8583 are redesignated as sections 9222, 9225, 9229, 9231, and 9233, respectively.

(8) CHAPTER 849.—Section 8639 is redesignated as section 9239.

(9) CHAPTER 853.—Sections 8681, 8684, and 8691 are redesignated as sections 9251, 9252, and 9253, respectively.

(10) CHAPTER 855.—Section 8723 is redesignated as section 9263.

(11) CHAPTER 857.—Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 530.

(12) CHAPTER 861.—Section 8817 is redesignated as section 9307.

(13) CHAPTER 867.—Each section in chapter 867 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 400.

(14) CHAPTER 869.—Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively.

(15) CHAPTER 871.—Sections 8991 and 8992 are redesignated as sections 9361 and 9362, respectively.

(16) CHAPTER 873.—Sections 9021, 9025, and 9027 are redesignated as sections 9371, 9375, and 9377, respectively.

(17) CHAPTER 875.—Section 9061 is redesignated as section 9381.

(c) Subtitle D, part I, section numbers.—Each section in part I of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,000.

(d) Subtitle D chapter numbers.—

(1) PART IV CHAPTER NUMBERS.—Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 30.

(2) PART III CHAPTER NUMBERS.—Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 50.

(3) PART II CHAPTER NUMBERS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 80.

(B) OTHER CHAPTERS.—

(i) Chapter 861 is redesignated as chapter 939.

(ii) Chapters 867, 869, 871, 873, and 875 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 74.

(4) PART I CHAPTER NUMBERS.—Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 100.

(e) Subtitle D tables of sections and tables of chapters.—

(1) TABLES OF SECTIONS.—The tables of sections at the beginning of the chapters of such subtitle are revised so as to conform the section references in those tables to the redesignations made by subsections (a), (b), and (c).

(2) TABLES OF CHAPTERS.—The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE C OF TITLE 10, UNITED STATES CODE—NAVY AND MARINE CORPS.

(a) Subtitle C, part I, section numbers.—

(1) IN GENERAL.—Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

(2) CHAPTER 513.—For sections in chapter 513, each section is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940.

(b) Subtitle C, part II, section numbers.—The sections in part II of such subtitle are redesignated as follows:

(1) CHAPTER 533.—Sections 5441, 5450, and 5451 are redesignated as sections 8101, 8102, and 8103, respectively.

(2) CHAPTER 535.—Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively.

(3) CHAPTER 537.—Section 5540 is redesignated as section 8120.

(4) CHAPTER 539.—Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively.

(5) CHAPTER 544.—Section 5721 is redesignated as section 8151.

(6) CHAPTER 551.—Each section in chapter 551 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220.

(7) CHAPTER 553.—Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively.

(8) CHAPTER 555.—The sections in chapter 555 are redesignated as follows:


SectionRedesignated Section
60118211
60128212
60138213
60148214
60198215
60218216
60228217
60248218
60278219
60298220
60318221
60328222
60358225
60368226

(9) CHAPTER 557.—Each section in chapter 557 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,160.

(10) CHAPTER 559.—Section 6113 is redesignated as section 8253.

(11) CHAPTER 561.—The sections in chapter 561 are redesignated as follows:


SectionRedesignated Section
61418261
61518262
61528263
61538264
61548265
61558266
61568267
61608270
61618271

(12) CHAPTER 563.—Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively.

(13) CHAPTER 565.—Sections 6221 and 6222 are redesignated as sections 8286 and 8287, respectively.

(14) CHAPTER 567.—Each section in chapter 567 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050.

(15) CHAPTER 569.—Section 6292 is redesignated as section 8317.

(16) CHAPTER 571.—Each section in chapter 571 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.

(17) CHAPTER 573.—Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively.

(18) CHAPTER 575.—Sections 6483, 6484, 6485, and 6486 are redesignated as sections 8383, 8384, 8385, and 8386, respectively.

(19) CHAPTER 577.—Section 6522 is redesignated as section 8392.

(c) Subtitle C, part III, section numbers.—

(1) IN GENERAL.—Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500.

(2) CHAPTER 609.—Sections 7101, 7102, 7103, and 7104 are redesignated as sections 8591, 8592, 8593, and 8594, respectively.

(d) Subtitle C, part IV, section numbers.—The sections in part IV of such subtitle are redesignated as follows:

(1) CHAPTER 631.—Each section in chapter 631 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,400.

(2) CHAPTER 633.—Each section in chapter 633 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.

(3) CHAPTER 637.—Sections 7361, 7362, 7363, and 7364 are redesignated as sections 8701, 8702, 8703, and 8704, respectively.

(4) CHAPTER 639.—Sections 7395 and 7396 are redesignated as sections 8715 and 8716, respectively.

(5) CHAPTER 641.—Each section in chapter 641 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300.

(6) CHAPTER 643.—Sections 7472, 7473, 7476, 7477, 7478, 7479, and 7480 are redesignated as sections 8742, 8743, 8746, 8747, 8748, 8749, and 8750, respectively.

(7) CHAPTER 645.—Sections 7522, 7523, and 7524 are redesignated as sections 8752, 8753, and 8754, respectively.

(8) CHAPTER 647.—The sections in chapter 647 are redesignated as follows:


SectionRedesignated Section
75418761
7541a8761a
7541b8761b
75428762
75438763
75448764
75458745
75468746
75778747

(9) CHAPTERS 649, 651, 653, AND 655.—Each section in chapters 649, 651, 653, and 655 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200.

(10) CHAPTER 657.—Each section in chapter 657 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,170.

(11) CHAPTER 659.—Sections 7851, 7852, 7853, and 7854 are redesignated as sections 8901, 8902, 8903, and 8904, respectively.

(12) CHAPTER 661.—Sections 7861, 7862, and 7863 are redesignated as sections 8911, 8912, and 8913, respectively.

(13) CHAPTER 663.—Section 7881 is redesignated as section 8921.

(14) CHAPTER 665.—Sections 7901, 7902, and 7903 are redesignated as sections 8931, 8932, and 8933, respectively.

(15) CHAPTER 667.—Sections 7912 and 7913 are redesignated as sections 8942 and 8943, respectively.

(16) CHAPTER 669.—Section 7921 is redesignated as section 8951.

(e) Subtitle C chapter numbers.—

(1) PART I CHAPTER NUMBERS.—Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 300, except that chapter 513 is redesignated as chapter 809.

(2) PART II CHAPTER NUMBERS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 270.

(B) OTHER CHAPTERS.—Chapter 533 is redesignated as chapter 811, chapter 535 is redesignated as chapter 812, chapter 537 is redesignated as chapter 813, chapter 539 is redesignated as chapter 815, and chapter 544 is redesignated as chapter 817.

(3) PART III CHAPTER NUMBERS.—Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 250.

(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 228, except that chapter 631 is redesignated as chapter 861 and chapter 633 is redesignated as chapter 863.

(f) Subtitle C tables of sections and tables of chapters.—

(1) TABLES OF SECTIONS.—The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).

(2) TABLES OF CHAPTERS.—The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE B OF TITLE 10, UNITED STATES CODE—ARMY.

(a) Subtitle B, part I, section numbers.—Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

(b) Subtitle B, part II, section numbers.—The sections in part II of such subtitle are redesignated as follows:

(1) CHAPTER 331.—Section 3210 is redesignated as section 7110.

(2) CHAPTER 333.—Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively.

(3) CHAPTER 335.—Sections 3281, 3282, 3283, and 3310 are redesignated as sections 7151, 7152, 7153, and 7160, respectively.

(4) CHAPTER 339.—Section 3446 is redesignated as sections 7176.

(5) CHAPTER 341.—Sections 3491 and 3503 are redesignated as sections 7191 and 7203, respectively.

(6) CHAPTER 343.—Sections 3533, 3534, 3536, 3547 and 3548 are redesignated as sections 7213, 7214, 7316, 7217, and 7218, respectively.

(7) CHAPTER 345.—Sections 3572, 3575, 3579, 3581, and 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively.

(8) CHAPTER 349.—Section 3639 is redesignated as section 7239.

(9) CHAPTER 353.—Sections 3681, 3684, and 3691 are redesignated as sections 7251, 7252, and 7253, respectively.

(10) CHAPTER 355.—Section 3723 is redesignated as section 7263.

(11) CHAPTER 357.—Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530.

(12) CHAPTER 367.—Each section in chapter 367 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.

(13) CHAPTER 369.—Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.

(14) CHAPTER 371.—Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively.

(15) CHAPTER 373.—Sections 4021, 4024, 4025, and 4027 are redesignated as sections 7371, 7374, 7375, and 7377, respectively.

(16) CHAPTER 375.—Section 4061 is redesignated as section 7381.

(c) Subtitle B, part III, section numbers.—

(1) IN GENERAL.—Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.

(2) CHAPTER 407.—Each section in chapter 407 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,070.

(d) Subtitle B, part IV, section numbers.—Each section in part IV of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

(e) Subtitle B chapter numbers.—

(1) PART I CHAPTER NUMBERS.—Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 400.

(2) PART II CHAPTER NUMBERS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 380.

(B) OTHER CHAPTERS.—Chapters 367, 369, 371, 373, and 375 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 374.

(3) PART III CHAPTER NUMBERS.—Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 350.

(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 330.

(f) Subtitle B tables of sections and tables of chapters.—

(1) TABLES OF SECTIONS.—The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).

(2) TABLES OF CHAPTERS.—The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

SEC. 809. Cross references to redesignated sections and chapters.

(a) Amendments to references in title 10.—Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this subtitle is amended so that the reference refers to the number of the section or chapter as redesignated.

(b) Deeming rule for other references.—Any reference in a provision of law other than title 10, United States Code, to a section or chapter redesignated by this subtitle shall be deemed to refer to the section or chapter as so redesignated.

SEC. 811. Amendment to and repeal of statutory requirements for certain positions or offices in the Department of Defense.

(a) Amendment to statutory requirement for Director of Corrosion Policy and Oversight.—

(1) IN GENERAL.—Section 2228 of title 10, United States Code, is amended—

(A) by amending subsection (a) to read as follows:

“(a) Establishment.—There is established an Office of Corrosion Policy and Oversight within the Department of Defense, which shall be headed by a Director of Corrosion Policy and Oversight.”;

(B) by striking subsections (b) and (c);

(C) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively; and

(D) in subsection (c) (as so resdesignated), by striking “subsection (d)” each place it appears and inserting “subsection (b)”.

(2) CONFORMING AMENDMENT.—Section 1067 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2658, 2659; 10 U.S.C. 2228 note) is amended by striking subsections (b), (c), (d), and (e).

(b) Repeal of statutory requirement for Director of the Office of Performance Assessment and Root Cause Analysis.—

(1) REPEAL.—

(A) IN GENERAL.—Section 2438 of title 10, United States Code, is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 144 of such title is amended by striking the item relating to section 2438.

(2) CONFORMING AMENDMENTS.—

(A) Section 131(b)(9) of such title is amended by striking subparagraph (I).

(B) Section 2548(a) of such title is amended by striking “, the Director of Procurement and Acquisition Policy, and the Director of the Office of Performance Assessment and Root Cause Analysis,” and inserting “and the Director of Procurement and Acquisition Policy”.

(C) Section 882 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2222 note) is amended by striking subsection (a).

(c) Repeal of statutory requirement for Office of Technology Transition.—

(1) REPEAL.—Section 2515 of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2515.

(d) Repeal of statutory requirement for Office for Foreign Defense Critical Technology Monitoring and Assessment.—

(1) REPEAL.—Section 2517 of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2517.

(e) Repeal of statutory requirement for small business ombudsman for Defense Contract Audit Agency and Defense Contract Management Agency.—

(1) REPEAL.—Section 204 of title 10, United States Code, is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by striking the item relating to section 204.

(f) Repeal of statutory requirement for Defense Logistics Agency advocate for competition.—

(1) REPEAL.—Section 2318 of title 10, United States Code, is amended—

(A) by striking subsection (a); and

(B) by striking “(b)” before “Each advocate”.

(2) TECHNICAL AMENDMENTS.—Such section is further amended—

(A) by striking “advocate for competition of” and inserting “advocate for competition designated pursuant to section 1705(a) of title 41 for”; and

(B) by striking “a grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule)” and inserting “in a position classified above GS–15 pursuant to section 5108 of title 5”.

(g) Sunset for statutory designation of senior Department of Defense official with principal responsibility for directed energy weapons.—Section 219 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsection:

“(d) Sunset.—The provisions of subsection (a) and of paragraphs (2) and (3) of subsection (b) shall cease to be in effect as of September 30, 2022.”.

(h) Repeal of statutory requirement for designation of individual to serve as primary liaison between the procurement and research and development activities of the united states armed forces and those of the State of Israel.—Section 1006 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a note) is repealed.

(i) Repeal of statutory requirement for designation of senior official to coordinate and manage human systems integration activities related to acquisition programs.—Section 231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended—

(1) by striking “(a) In general.—”; and

(2) by striking subsections (b), (c), and (d).

(j) Repeal of statutory requirement for designation of senior official responsible for focus on urgent operational needs and rapid acquisition.—Section 902 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed.

(k) Repeal of statutory requirement for designation of senior official responsible for dual-use projects under dual-use science and technology program.—Section 203 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection (c).

(l) Repeal of statutory requirement for designation of senior official as executive agent for printed circuit board technology.—Section 256 of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4404; 10 U.S.C. 2501 note) is repealed.

(m) Submission of notice and plan to Congress.—Not later than 30 days before reorganizing, restructuring, or eliminating any position or office specified in this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such reorganization, restructuring, or elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying out such reorganization, restructuring, or elimination. Such plan shall address how user needs will be met and how associated roles and responsibilities will be accomplished for each position or office that the Secretary determines requiring reorganization, restructuring, or elimination.

SEC. 812. Repeal of certain defense acquisition laws.

(a) Title 10, United States Code.—

(1) SECTION 167A.—

(A) REPEAL.—Section 167a of title 10, United States Code, is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 6 of such title is amended by striking the item relating to section 167a.

(C) CONFORMING AMENDMENT.—Section 905(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is amended by striking “166b, 167, or 167a” and inserting “166b or 167”.

(2) SECTION 2323.—

(A) REPEAL.—Section 2323 of title 10, United States Code, is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2323.

(C) CONFORMING AMENDMENTS.—

(i) Section 853(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note) is amended by striking “section 2323 of title 10, United States Code, and”.

(ii) Section 831(n) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—

(I) in paragraph (4), by inserting “, as in effect on March 1, 2018” after “section 2323 of title 10, United States Code”; and

(II) in paragraph (6), by striking “section 2323 of title 10, United States Code, and”.

(iii) Subsection (d) of section 811 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2323 note) is repealed.

(iv) Section 8304(1) of the Federal Acquisition Streamlining Act of 1994 (10 U.S.C. 2375 note) is amended by striking “section 2323 of title 10, United States Code, or”.

(v) Section 10004(a)(1) of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended by striking “section 2323 of title 10, United States Code, or”.

(vi) Section 2304(b)(2) of title 10, United States Code, is amended by striking “and concerns other than” and all that follows through “this title”.

(vii) Section 2304e(b) of title 10, United States Code, is amended—

(I) by striking “other than—” and all that follows through “small” and inserting “other than small”;

(II) by striking “; or” and inserting a period; and

(III) by striking paragraph (2).

(viii) Section 2323a(a) of title 10, United States Code, is amended by striking “section 2323 of this title and”.

(ix) Section 15 of the Small Business Act (15 U.S.C. 644) is amended—

(I) in subsection (j)(3), by striking “section 2323 of title 10, United States Code,”;

(II) in subsection (k)(10)—

(aa) by striking “or section 2323 of title 10, United States Code,” and all that follows through “subsection (m),”; and

(bb) by striking “subsection (a),” and inserting “subsection (a) or”; and

(III) by amending subsection (m) to read as follows:

“(m) Additional duties of procurement center representatives.—All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 8(a).”.

(x) Section 1902(b)(1) of title 41, United States Code, is amended by striking “, section 2323 of title 10,”.

(3) SECTION 2332.—

(A) REPEAL.—Section 2332 of title 10, United States Code, is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2332.

(b) Other provisions of law.—The following provisions of law are repealed:

(1) Section 801 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2223a note).

(2) Section 934 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a note).

(3) Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note).

(4) Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2223a note).

(5) Section 854 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note).

(6) Section 804 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).

(7) Section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).

(8) Section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note).

(9) Section 815(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note).

(10) Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2302 note).

(11) Section 817 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2302 note).

(12) Section 141 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2302 note).

(13) Section 801(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).

(14) Section 805(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).

(15) Section 352 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note).

(16) Section 326 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 note).

(17) Section 9004 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note).

(18) Section 895 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2304 note).

(19) Section 802 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note).

(20) Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note).

(21) Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304 note).

(22) Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note).

(23) Section 927(b) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2304 note).

(24) Section 1222(b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note).

(25) Section 814(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a note).

(26) Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304b note).

(27) Section 803 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note).

(28) Section 1075 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 note).

(29) Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2320 note).

(30) Section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note).

(31) Section 812 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2326 note).

(32) Sections 908(a), (b), (c), and (e) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2326 note).

(33) Section 882 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2330 note).

(34) Section 807 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note).

(35) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).

(36) Section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).

(37) Section 812(b)–(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330 note).

(38) Section 801(d)–(f) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).

(39) Section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).

(40) Section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2330a note).

(41) Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).

(42) Section 241 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).

(43) Section 606 of Public Law 92–436 (10 U.S.C. 2358 note).

(44) Section 913(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note).

(45) Sections 234(a) and (b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2364 note).

(46) Section 943(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a note).

(47) Section 801 of the National Defense Authorization Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note).

(48) Section 8133 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note).

(49) Section 807(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2410p note).

(50) Section 825(c)(1)–(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note).

(51) Section 1058 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2430 note).

(52) Section 837 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(53) Section 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(54) Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note).

(55) Section 833 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(56) Section 839 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(57) Section 819 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note).

(58) Section 5064 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note).

(59) Section 803 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note).

(60) Section 1215 of the Department of Defense Authorization Act, 1984 (Public Law 98–94; 10 U.S.C. 2452 note).

(61) Section 328 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note).

(62) Section 347 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).

(63) Section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).

(64) Section 395 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note).

(65) Section 352 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2458 note).

(66) Section 325 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 note).

(67) Section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note).

(68) Section 353(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(69) Section 353(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(70) Section 356 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(71) Section 1010 of the USA Patriot Act of 2001 (Public Law 107–56; 10 U.S.C. 2465 note).

(72) Section 4101 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 note).

(73) Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note).

(74) Section 823 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note).

(75) Section 823 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2533b note).

(76) Section 804(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b note).

(77) Section 842(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2533b note).

(78) Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 4551 note).

SEC. 813. Repeal of certain Department of Defense reporting requirements.

(a) Amendments to title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) SECTION 118A.—Section 118a is amended by striking subsection (d).

(2) SECTION 1116.—Section 1116 is amended by striking subsection (d).

(3) SECTION 2275.—

(A) REPEAL.—Section 2275 is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 135 is amended by striking the item relating to section 2275.

(4) SECTION 2276.—Section 2276 is amended by striking subsection (e).

(5) SECTION 10543.—

(A) REPEAL.—Section 10543 is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1013 is amended by striking the item relating to section 10543.

(b) NDAA for FY 2007.—Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as amended by section 121 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 691), is amended by striking subsection (d).

(c) NDAA for FY 2008.—The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended—

(1) in section 911(f) (10 U.S.C. 2271 note)—

(A) in the subsection heading, by striking “; biennial update”;

(B) in paragraph (3), by striking “, and each update required by paragraph (2),”; and

(C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(2) in section 1107 (10 U.S.C. 2358 note)—

(A) in subsection (c), by striking “demonstration laboratory” and inserting “laboratory designated by the Secretary of Defense under the provisions of section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721)”; and

(B) by striking subsections (d) and (e).

(d) NDAA for FY 2009.—Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b note) is amended—

(1) in the subsection heading, by striking “bandwidth” and all that follows through “The Secretary” and inserting “bandwidth requirements.—The Secretary”; and

(2) by striking paragraph (2).

(e) NDAA for FY 2010.—Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 1928 note) is amended by striking subsection (d).

(f) NDAA for FY 2011.—Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 22 U.S.C. 7513 note) is amended by striking subsection (i).

(g) NDAA for FY 2013.—The National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—

(1) in section 524 (126 Stat. 1723; 10 U.S.C. 1222 note) by striking subsection (c); and

(2) in section 904(h) (10 U.S.C. 133 note)—

(A) by striking “Reports To Congress” and all that follows through “(3) Additional congressional notification.—” and inserting “Congressional notification.—”; and

(B) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.

(h) NDAA for FY 2015.—Section 1026(d) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490) is repealed.

(i) Military Construction Authorization Act, 1982.—Section 703 of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is amended by striking subsection (g).

(j) Conforming amendments.—

(1) NDAA FOR FY 2017.—Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended—

(A) in subsection (c), by striking paragraphs (3), (28), (40), (41), and (63);

(B) in subsection (d), by striking paragraph (3);

(C) in subsection (f), by striking paragraphs (1) and (2);

(D) in subsection (g), by striking paragraph (3);

(E) in subsection (h), by striking paragraph (3); and

(F) in subsection (i), by striking paragraphs (17), (19), and (24).

(2) NDAA FOR FY 2000.—Section 1031 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph (32).

SEC. 821. Contract goal for the AbilityOne program.

(a) Contract goal for the AbilityOne program.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2323a the following new section:

§ 2323b. Contract goal for the AbilityOne program

“(a) Goal.—The Secretary of Defense shall establish a goal for each fiscal year for the procurement of products and services from the procurement list established pursuant to section 8503 of title 41 of an amount equal to 1.5 percent of the total amount of funds obligated for contracts entered into with the Department of Defense in such fiscal year for procurement.

“(b) Annual report.—At the conclusion of each fiscal year, the Secretary of Defense shall submit to the Committee for Purchase From People Who Are Blind or Severely Disabled (established under section 8502 of title 41) a report on the progress toward attaining the goal established under subsection (a) with respect to such fiscal year. The report shall include—

“(1) if the goal was not achieved, a plan to achieve the goal in the next fiscal year; and

“(2) if the goal was achieved, a strategy to exceed the goal in the next fiscal year.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2323a the following new item:


“2323b. Contract goal for the AbilityOne program.”.

SEC. 822. Increased micro-purchase threshold applicable to Department of Defense procurements.

(a) In general.—Section 2338 of title 10, United States Code, is amended—

(1) by striking “Notwithstanding subsection (a) of section 1902 of title 41, the” and inserting “The”; and

(2) by striking “$5,000” and inserting “$10,000”.

(b) Conforming amendments.—

(1) REPEAL OF MICRO-PURCHASE THRESHOLD FOR CERTAIN DEPARTMENT OF DEFENSE ACTIVITIES.—

(A) IN GENERAL.—Section 2339 of title 10, United States Code, is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2339.

(2) MICRO-PURCHASE THRESHOLD FOR NON-DEPARTMENT OF DEFENSE PURCHASES.—Section 1902(a)(1) of title 41, United States Code, is amended by striking “sections 2338 and 2339 of title 10 and”.

SEC. 823. Preference for offerors employing veterans.

(a) In general.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2339a. Preference for offerors employing veterans

“(a) Preference.—In awarding a contract for the procurement of goods or services for the Department of Defense, the head of an agency may establish a preference for offerors that employ veterans on a full-time basis. The Secretary of Defense shall determine the criteria for use of such preference.

“(b) Congressional notification.—Prior to establishing the preference described in subsection (a), the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on—

“(1) a plan for implementing such preference, including—

“(A) penalties for an offeror that willfully and intentionally misrepresents the veteran status of the employees of the offeror in a bid submitted under subsection (a); and

“(B) reporting on use of such preference; and

“(2) the process for assessing and verifying offeror compliance with regulations relating to equal opportunity for veterans requirements.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339 the following new item:


“2339a. Preference for offerors employing veterans.”.

SEC. 824. Revision of requirement to submit information on services contracts to Congress.

Section 2329(b) of title 10, United States Code, is amended—

(1) by striking “October 1, 2022” and inserting “October 1, 2020”; and

(2) in paragraph (1)—

(A) by striking “at or about” and inserting “at or before”; and

(B) by inserting “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”;

(3) in paragraph (3), by striking “and” at the end;

(4) in paragraph (4), by striking the period at the end and inserting “; and”; and

(5) by adding at the end the following new paragraph:

“(5) be included in the future-years defense program submitted to Congress under section 221 of this title.”.

SEC. 825. Data collection and inventory for services contracts.

Section 2330a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “$3,000,000” and inserting “the simplified acquisition threshold”;

(B) by striking “in the following service acquisition portfolio groups:” and inserting “in any service acquisition portfolio group.”; and

(C) by striking paragraphs (1) through (4);

(2) in subsection (c)(1)—

(A) by striking “staff augmentation contracts” and inserting “services contracts”; and

(B) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and

(3) in subsection (h)—

(A) by striking paragraph (6); and

(B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively.

SEC. 826. Competition requirements for purchases from Federal Prison Industries.

(a) Competition requirements for purchases from Federal Prison Industries.—Subsections (a) and (b) of section 2410n of title 10, United States Code, are amended to read as follows:

“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery pursuant to subsection (a), the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.

SEC. 827. Requirement for a fair and reasonable price for technical data before development or production of major weapon systems.

Section 2439 of title 10, United States Code, is amended—

(1) by inserting “, to the maximum extent practicable,” after “shall ensure”; and

(2) by inserting “fair and reasonable” after “negotiates a”.

SEC. 828. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs.

(a) Revisions in authority relating to program cost and fielding targets.—Section 2448a of title 10, United States Code, is amended—

(1) in subsection (a), by striking “the Secretary of Defense” and inserting “the appropriate Secretary”;

(2) by striking subsection (b); and

(3) by redesignating subsection (c) as subsection (b) and adding at the end of that subsection the following new paragraph:

“(3) The term ‘appropriate Secretary’, with respect to a major defense acquisition program, means—

“(A) the Secretary of the military department that is managing the program; or

“(B) in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of this title, the Secretary of Defense.”.

(b) Conforming amendments.—Such title is further amended—

(1) in section 2366a(c)(1)(A) by striking “by the Secretary of Defense”; and

(2) in section 2366b—

(A) in subsection (a)(3)(D), by striking “Secretary of Defense” and inserting “appropriate Secretary (as defined in such section 2448a)”; and

(B) in subsection (c)(1)(A), by striking “by the Secretary of Defense”.

SEC. 829. Revision of timeline for use of the rapid fielding pathway for acquisition programs.

Section 804(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended by striking “complete fielding within five years” and inserting “complete low-rate initial production (as described under section 2400 of title 10, United States Code) within five years”.

SEC. 830. Clarification of services contracting definitions.

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 to clarify the definitions of and relationships between terms related to services contracts, including the appropriate use of personal services contracts and nonpersonal services contracts, and the responsibilities of individuals in the acquisition workforce with respect to such contracts.

SEC. 831. Revision of definition of commercial item for purposes of Federal acquisition statutes.

(a) Definitions in chapter 1 of title 41, United States Code.—

(1) SEPARATION OF commercial item DEFINITION INTO DEFINITIONS OF commercial product AND commercial service.—Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections:

§ 103. Commercial product

“In this subtitle, the term ‘commercial product’ means any of the following:

“(1) A product, other than real property, that—

“(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and

“(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.

“(2) A product that—

“(A) evolved from a product described in paragraph (1) through advances in technology or performance; and

“(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.

“(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—

“(A) modifications of a type customarily available in the commercial marketplace; or

“(B) minor modifications made to meet Federal Government requirements.

“(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.

“(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

“(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—

“(A) the product was developed exclusively at private expense; and

“(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

§ 103a. Commercial service

“In this subtitle, the term ‘commercial service’ means any of the following:

“(1) Installation services, maintenance services, repair services, training services, and other services if—

“(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and

“(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;

“(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—

“(A) based on established catalog or market prices;

“(B) for specific tasks performed or specific outcomes to be achieved; and

“(C) under standard commercial terms and conditions.

“(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.”.

(2) CONFORMING AMENDMENTS TO TITLE 41 DEFINITIONS.—

(A) DEFINITION OF COMMERCIAL COMPONENT.—Section 102 of such title is amended by striking “commercial item” and inserting “commercial product”.

(B) DEFINITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM.—Section 104(1)(A) is amended by striking “commercial item” and inserting “commercial product”.

(C) DEFINITION OF NONDEVELOPMENTAL ITEM.—Section 110(1) of such title is amended by striking “commercial item” and inserting “commercial product”.

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the item relating to section 103 and inserting the following new items:


“103. Commercial product.

“103a. Commercial service.”.

(b) Conforming amendments to other provisions of title 41, United States Code.—Title 41, United States Code, is further amended as follows:

(1) Section 1502(b) is amended—

(A) in paragraph (1)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(B) in paragraph (1)(C)(i), by striking “commercial item” and inserting “commercial product or commercial service”; and

(C) in paragraph (3)(A)(i), by striking “commercial items” and inserting “commercial products or commercial services”.

(2) Section 1705(c) is amended by striking “commercial items” and inserting “commercial products and commercial services”.

(3) Section 1708 is amended by striking “commercial items” in subsections (c)(6) and (e)(3) and inserting “commercial products or commercial services”.

(4) Section 1901 is amended—

(A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (e)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(ii) by striking “commercial items” and inserting “commercial products or commercial services”.

(5) Section 1903(c) is amended—

(A) in the subsection heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”;

(B) in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and

(C) in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”.

(6) (A) Section 1906 is amended by striking “commercial items” each place it appears in subsections (b), (c), and (d) and inserting “commercial products or commercial services”.

(B) (i) The heading of such section is amended to read as follows:

§ 1906. List of laws inapplicable to procurements of commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item:


“1906. List of laws inapplicable to procurements of commercial products and commercial services.”.

(7) Section 3304 is amended by striking “commercial item” in subsections (a)(5) and (e)(4)(B) and inserting “commercial product”.

(8) Section 3305(a)(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(9) Section 3306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(10) (A) Section 3307 is amended—

(i) in subsection (a)—

(I) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;

(II) in paragraph (1), by striking “commercial items” and inserting “commercial products and commercial services”; and

(III) in paragraph (2), by striking “a commercial item” and inserting “a commercial product or commercial service”;

(ii) in subsection (b)—

(I) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(II) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;

(iii) in subsection (c)—

(I) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or nondevelopmental items other than commercial products”;

(II) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(III) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;

(iv) in subsection (d)(2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(v) in subsection (e)—

(I) in paragraph (1), by inserting “103a, 104,” after “sections 102, 103,”;

(II) in paragraph (2)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(III) in the first sentence of paragraph (2)(B), by striking “commercial end items” and inserting “end items that are commercial products”;

(IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking “commercial items or commercial components” and inserting “commercial products, commercial components, or commercial services”;

(V) in paragraph (2)(C), in the matter preceding clause (i), by striking “commercial items” and inserting “commercial products or commercial services”;

(VI) in paragraph (4)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(VII) in paragraph (4)(C)(i), by striking “commercial item, as described in section 103(5)” and inserting “commercial product, as described in section 103a(1)”; and

(VIII) in paragraph (5), by striking “items” each place it appears and inserting “products”.

(B) (i) The heading of such section is amended to read as follows:

§ 3307. Preference for commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item:


“3307. Preference for commercial products and commercial services.”.

(11) Section 3501 is amended—

(A) in subsection (a)—

(i) by striking paragraph (1);

(ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(iii) in paragraph (2) (as so redesignated), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (b)—

(i) by striking “item” in the heading for paragraph (1); and

(ii) by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”.

(12) Section 3503 is amended—

(A) in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and

(B) in subsection (b)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and

(ii) by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”.

(13) Section 3505(b) is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”.

(14) Section 3509(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(15) Section 3704(c)(5) is amended by striking “commercial item” and inserting “commercial product”.

(16) Section 3901(b)(3) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(17) Section 4301(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(18) (A) Section 4505 is amended by striking “commercial items” in subsections (a) and (c) and inserting “commercial products or commercial services”.

(B) (i) The heading of such section is amended to read as follows:

§ 4505. Payments for commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item:


“4505. Payments for commercial products and commercial services.”.

(19) Section 4704(d) is amended by striking “commercial items” both places it appears and inserting “commercial products or commercial services”.

(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”.

(c) Amendments to chapter 137 of title 10, united states code.—Chapter 137 of title 10, United States Code, is amended as follows:

(1) Section 2302(3) is amended—

(A) by redesignating subparagraphs (J), (K), and (L) as subparagraphs (K), (L), and (M); and

(B) by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J):

“(I) The term ‘commercial product’.

“(J) The term ‘commercial service”.’.”.

(2) Section 2304 is amended—

(A) in subsections (c)(5) and (f)(2)(B), by striking “brand-name commercial item” and inserting “brand-name commercial product”;

(B) in subsection (g)(1)(B), by striking “commercial items” and inserting “commercial products or commercial services”; and

(C) in subsection (i)(3), by striking “commercial items” and inserting “commercial products”.

(3) Section 2305 is amended—

(A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (b)(5)(B)(v), by striking “commercial item” and inserting “commercial product”.

(4) Section 2306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(5) Section 2306a is amended—

(A) in subsection (b)—

(i) in paragraph (1)(B), by striking “a commercial item” and inserting “a commercial product or a commercial service”;

(ii) in paragraph (2)—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and

(II) by striking “commercial item” each place it appears and inserting “commercial product or commercial services”;

(iii) in paragraph (3)—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products”; and

(II) by striking “item” each place it appears and inserting “product”; and

(iv) in paragraph (4)—

(I) by striking “Commercial item” in the paragraph heading and inserting “Commercial product or commercial service”;

(II) by striking “commercial item” in subparagraph (A) after “applying the”;

(III) by striking “prior commercial item determination” in subparagraph (A) and inserting “prior commercial product or commercial service determination”;

(IV) by striking “of such item” in subparagraph (A) and inserting “of such product or service”;

(V) by striking “of an item previously determined to be a commercial item” in subparagraph (B) and inserting “of a product or service previously determined to be a commercial product or a commercial service”;

(VI) by striking “of a commercial item,” in subparagraph (B) and inserting “of a commercial product or a commercial service, as the case may be,”;

(VII) by striking “the commercial item determination” in subparagraph (B) and inserting “the commercial product or commercial service determination”; and

(VIII) by striking “commercial item” in subparagraph (C); and

(v) in paragraph (5), by striking “commercial items” and inserting “commercial products or commercial services”;

(B) in subsection (d)(2), by striking “commercial items” each place it appears and inserting “commercial products or commercial services”; and

(C) in subsection (h)—

(i) in paragraph (2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(ii) by striking paragraph (3).

(6) Section 2307(f) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(B) by striking “commercial items” in paragraphs (1) and (2) and inserting “commercial products and commercial services”.

(7) Section 2320(b) is amended—

(A) in paragraph (1), by striking “a commercial item, the item” and inserting “a commercial product, the product”; and

(B) in paragraph (9)(A), by striking “any noncommercial item or process” and inserting “any noncommercial product or process”.

(8) Section 2321(f) is amended—

(A) in paragraph (1)—

(i) by striking “commercial items” and inserting “commercial products”; and

(ii) by striking “the item” both places it appears and inserting “commercial products”; and

(B) in paragraph (2)(A), in clauses (i) and (ii), by striking “commercial item” and inserting “commercial product”.

(9) Section 2324(l)(1)(A) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(10) Section 2335(b) is amended by striking “commercial items” and inserting “commercial products and commercial services”.

(d) Amendments to chapter 140 of title 10, united states code.—Chapter 140 of title 10, United States Code, is amended as follows:

(1) Section 2375 is amended—

(A) in subsection (a), by striking “commercial item” in paragraphs (1) and (2) and inserting “commercial product or commercial service”;

(B) in subsections (b) and (c)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(ii) by striking “commercial items” each place it appears and inserting “commercial products and commercial services”; and

(C) in subsection (e)(3), by striking “commercial items” and inserting “commercial products and commercial services”.

(2) Section 2376(1) is amended—

(A) by striking “terms ‘commercial item’,” and inserting “terms ‘commercial product’, ‘commercial service’,”; and

(B) by striking “chapter 1 of title 41” and inserting “sections 103, 103a, 110, 105, and 102, respectively, of title 41”.

(3) Section 2377 is amended—

(A) in subsection (a)—

(i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(ii) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;

(B) in subsection (b)—

(i) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, or nondevelopmental items other than commercial products”;

(ii) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(iii) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;

(C) in subsection (c)—

(i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(ii) in paragraph (4), by striking “items other than commercial items” and inserting “products other than commercial products or services other than commercial services”;

(D) in subsection (d)—

(i) in the first sentence, by striking “commercial items” and inserting “commercial products or commercial services”;

(ii) in paragraph (1), by striking “items” and inserting “products or services”; and

(iii) in paragraph (2), by striking “items” and inserting “products or services”; and

(E) in subsection (e)(1), by striking “commercial items” and inserting “commercial products and commercial services”.

(4) Section 2379 is amended—

(A) by striking “Commercial Items” in the headings of subsections (b) and (c) and inserting “Commercial Products”;

(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking “, as defined in section 103 of title 41”; and

(C) by striking “commercial item” and “commercial items” each place they appear and inserting “commercial product” and “commercial products”, respectively.

(5) Section 2380 is amended—

(A) in subsection (a), by striking “commercial item determinations” in paragraphs (1) and (2) and inserting “commercial product and commercial service determinations”; and

(B) in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)—

(i) by striking “Item” in the subsection heading;

(ii) by striking “an item” each place it appears and inserting “a product or service”;

(iii) by striking “item” after “using commercial” each place it appears;

(iv) by striking “prior commercial item determination” and inserting “prior commercial product or service determination”;

(v) by striking “such item” and inserting “such product or service”; and

(vi) by striking “the item” both places it appears and inserting “the product or service”.

(6) Section 2380a is amended—

(A) in subsection (a)—

(i) by striking “items and” and inserting “products and”; and

(ii) by striking “commercial items” and inserting “commercial products and commercial services, respectively,”; and

(B) in subsection (b), by striking “commercial items” and inserting “commercial services”.

(7) Section 2380B is amended by striking “commercial item” and inserting “commercial product”.

(8) AMENDMENTS TO HEADINGS, ETC.—

(A) The heading of such chapter is amended to read as follows:

“CHAPTER 140PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES”.

(B) The heading of section 2375 is amended to read as follows:

§ 2375. Relationship of other provisions of law to procurement of commercial products and commercial services”.

(C) The heading of section 2377 is amended to read as follows:

§ 2377. Preference for commercial products and commercial services”.

(D) The heading of section 2379 is amended to read as follows:

§ 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress”.

(E) The heading of section 2380 is amended to read as follows:

§ 2380. Commercial product and commercial service determinations by Department of Defense”.

(F) The heading of section 2380a is amended to read as follows:

§ 2380a. Treatment of certain products and services as commercial products and commercial services”.

(G) Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows:

§ 2380b. Treatment of commingled items purchased by contractors as commercial products”.

(H) The table of sections at the beginning of such chapter is amended to read as follows:


“2375. Relationship of other provisions of law to procurement of commercial products and commercial services.

“2376. Definitions.

“2377. Preference for commercial products and commercial services.

“2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress.

“2380. Commercial product and commercial service determinations by Department of Defense.

“2380a. Treatment of certain products and services as commercial products and commercial services.

“2380b. Treatment of commingled items purchased by contractors as commercial products.”.

(e) Other amendments to title 10, united states code.—Title 10, United States Code, is further amended as follows:

(1) Section 2226(b) is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”.

(2) Section 2384(b)(2) is amended by striking “commercial items” and inserting “commercial products”.

(3) Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(4) Section 2402(d) is amended—

(A) in paragraph (1), by striking “commercial items” both places it appears and inserting “commercial products or commercial services”; and

(B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”.

(5) Section 2408(a)(4)(B) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(6) Section 2410b(c) is amended by striking “commercial items” and inserting “commercial products”.

(7) Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(8) Section 2447a is amended—

(A) in subsection (a)(2), by striking “commercial items and technologies” and inserting “commercial products and technologies”; and

(B) in subsection (c), by inserting before the period at the end the following: “and the term ‘commercial product’ has the meaning given that term in section 103 of title 41”.

(9) Section 2451(d) is amended by striking “commercial items” and inserting “commercial products (as defined in section 103 of title 41)”.

(10) Section 2464 is amended—

(A) in subsection (a)—

(i) in paragraph (3), by striking “commercial items” and inserting “commercial products or commercial services”; and

(ii) in paragraph (5), by striking “The commercial items covered by paragraph (3) are commercial items” and inserting “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)”; and

(B) in subsection (c)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and

(ii) by striking “commercial item” and inserting “commercial product or commercial service”.

(11) Section 2484(f) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial products”; and

(B) by striking “commercial item” and inserting “commercial product”.

(12) The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, are amended to read as follows:

  • “140. Procurement of Commercial Products and Commercial Services 2377”.




(f) Amendments to provisions of national defense authorization acts.—

(1) Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended by striking “commercial items (as defined in section 103 of title 41, United States Code)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code)”.

(2) Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2).

(3) Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amended—

(A) in paragraph (1), by striking “a commercial item” and inserting “a commercial product or a commercial service”;

(B) in paragraph (2), by striking “commercial item” and inserting “commercial product ”; and

(C) by adding at the end the following new paragraph:

“(3) The term ‘commercial service’ has the meaning provided by section 103a of title 41, United States Code.”.

(4) Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—

(A) in paragraph (1), by striking “commercial item exceptions” and inserting “commercial product-commercial service exceptions”; and

(B) in paragraph (2), by striking “commercial item exception” and inserting “commercial product-commercial service exception”;

(5) Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2324 note) is amended by striking “a commercial item, as defined in section 103 of title 41” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41”.

(6) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note) is amended—

(A) in subsection (b), by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”; and

(B) in subsection (c)—

(i) by striking “item” in the headings for paragraphs (1) and (2) and inserting “services”;

(ii) in the matter in paragraph (1) preceding subparagraph (A), by striking “commercial item” and inserting “commercial service”;

(iii) in paragraph (1)(A), by striking “a commercial item, as described in section 103(5) of title 41” and inserting “a service, as described in section 103a(1) of title 41”;

(iv) in paragraph (1)(C)(i), by striking “section 103(6) of title 41” and inserting “section 103a(2) of title 41”; and

(v) in paragraph (2), by striking “item” and inserting “service”.

(7) Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 note) is amended—

(A) by striking “commercial items” in paragraph (1) and inserting “commercial products”;

(B) by striking “commercial item” in paragraph (3)(B)(i) and inserting “commercial product”; and

(C) by adding at the end the following new paragraph:

“(5) DEFINITION.—In this subsection, the term ‘commercial product’ has the meaning given that term in section 103 of title 41.”.

(8) Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by striking “commercial items or services” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41,”.

(9) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—

(A) in the section heading, by striking “Commercial items” and inserting “Commercial products”;

(B) in subsection (a), by striking “commercial items” and inserting “commercial products”;

(C) in subsection (c)(3)—

(i) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and

(ii) by striking “commercial items” and inserting “commercial products or commercial services”; and

(D) in subsection (e)(2), by striking “item” in subparagraphs (A) and (B) and inserting “products”.

(10) Section 880 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 note) is amended by striking “commercial items” in subsection (a)(1) and inserting “commercial products”.

(g) Conforming amendments to other statutes.—

(1) Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”;

(B) by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and

(C) in the second sentence—

(i) by inserting “product” after “commercial”; and

(ii) by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”.

(2) Section 142 of the Higher Education Act of 1965 (20 U.S.C. 1018a) is amended—

(A) in subsection (e)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;

(ii) by striking “that commercial items” and inserting “that commercial products or commercial services”;

(iii) by striking “special rules for commercial items” and inserting “special rules for commercial products and commercial services”;

(iv) by striking “without regard to—” and all that follows through “dollar limitation” and inserting “without regard to any dollar limitation”;

(v) by striking “; and” and inserting a period; and

(vi) by striking paragraph (2);

(B) in subsection (f)—

(i) by striking “Items” in the subsection heading and inserting “Products and Services”;

(ii) by striking “Items” in the heading of paragraph (2) and inserting “Products and services”; and

(iii) by striking “a commercial item” in paragraph (2) and inserting “a commercial product or a commercial service”;

(C) in subsection (h)—

(i) by striking “Items” in the subsection heading and inserting “Services”; and

(ii) by striking “commercial items” in paragraph (1) and inserting “commercial services”; and

(D) in subsection (l)—

(i) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;

(ii) by striking paragraph (1) and inserting the following new paragraphs:

“(1) COMMERCIAL PRODUCT.—The term ‘commercial product’ has the meaning given the term in section 103 of title 41, United States Code.

“(2) COMMERCIAL SERVICE.—The term ‘commercial service’ has the meaning given the term in section 103a of title 41, United States Code.”;

(iii) in paragraph (3), as so redesignated, by striking “in section” and all that follows and inserting “in section 152 of title 41, United States Code.”;

(iv) in paragraph (5), as so redesignated—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products and commercial services”;

(II) by striking “commercial items” and inserting “commercial products and commercial services”; and

(III) by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901 and 3305(a) of title 41, United States Code.”; and

(v) in paragraph (6), as so redesignated, by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code.”.

(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking “commercial item” and inserting “commercial product”.

(4) Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking “commercial items” and inserting “commercial products”.

(5) Section 508(f) of the Federal Water Pollution Control Act (33 U.S.C. 1368(f)) is amended—

(A) in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code.”.

(6) Section 3707 of title 40, United States Code, is amended by striking “a commercial item (as defined in section 103 of title 41)” and inserting “a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)”.

(7) Subtitle III of title 40, United States Code, is amended—

(A) in section 11101(1), by striking “Commercial item.—The term ‘commercial item’ has” and inserting “Commercial product.—The term ‘commercial product’ has”; and

(B) in section 11314(a)(3), by striking “items” each place it appears and inserting “products”.

(8) Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 (42 U.S.C. 7606 note) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(9) Section 40118(f) of title 49, United States Code, is amended—

(A) in paragraph (1), by striking “commercial items” and inserting “commercial products”; and

(B) in paragraph (2), by striking “commercial item” and inserting “commercial product”.

(10) Chapter 501 of title 51, United States Code, is amended—

(A) in section 50113(c)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and

(B) in section 50115(b)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and

(C) in section 50132(a)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial service”.

(h) Savings provision.—Any provision of law that on the day before the effective date of this section is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.

SEC. 832. Definition of subcontract.

(a) Standard definition in title 41, United States Code.—

(1) IN GENERAL.—Chapter 1 of title 41, United States Code, is amended—

(A) by redesignating sections 115 and 116 as sections 116 and 117, respectively; and

(B) by inserting after section 114 the following new section 115:

§ 115. Subcontract

“(a) In general.—In this subtitle, the term ‘subcontract’ means a contract entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. The term includes a transfer of a commercial product or commercial service between divisions, subsidiaries, or affiliates of a contractor or subcontractor.

“(b) Matters not included.—In this subtitle, the term ‘subcontract’ does not include—

“(1) a contract the costs of which are applied to general and administrative expenses or indirect costs; or

“(2) an agreement entered into by a contractor or subcontractor for the supply of a commodity, a commercial product, or a commercial service that is intended for use in the performance of multiple contracts.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the items relating to sections 115 and 116 and inserting the following new items:


“115. Subcontract.

“116. Supplies.

“117. Technical data.”.

(b) Conforming amendments to title 41, United States Code.—Title 41, United States Code, is further amended as follows:

(1) Section 1502(b)(1) is amended—

(A) by striking subparagraph (A);

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(C) in subparagraph (B), as so redesignated, by striking “Subparagraph (B)” and inserting “Subparagraph (A)”.

(2) Section 1906 is amended—

(A) in subsection (c)—

(i) by striking paragraph (1);

(ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;

(iii) in paragraph (1), as so redesignated, by striking “paragraph (3)” and inserting “paragraph (2)”; and

(iv) in paragraph (2), as so redesignated, by striking “paragraph (2)” and inserting “paragraph (1)”; and

(B) in subsection (e), by striking “(c)(3)” both places it appears and inserting “(c)(2)”.

(3) Section 3307(e)(2) is amended—

(A) by striking subparagraph (A);

(B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively;

(C) in subparagraph (C), as so redesignated—

(i) by striking “subparagraph (B)” and inserting “subparagraph (A)”; and

(ii) by striking “subparagraph (C)” and inserting “subparagraph (B)”; and

(D) in subparagraph (D), as so redesignated, by striking “subparagraph (B)” and inserting “subparagraph (A)”.

(4) Section 3501(a) is amended by striking paragraph (3).

(c) Incorporation of title 41 definition in chapters 137 and 140 of title 10, United States Code.—

(1) DEFINITIONS FOR PURPOSES OF CHAPTER 137.—Section 2302(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(N) The term ‘subcontract’.”.

(2) DEFINITIONS FOR PURPOSES OF CHAPTER 140.—

(A) Section 2375(c) of title 10, United States Code, is amended—

(i) by striking paragraph (3); and

(ii) by redesignating paragraph (4) as paragraph (3).

(B) Section 2376(1) of such title is amended by striking “and ‘commercial component’ have” and inserting “ ‘commercial component’, and ‘subcontract’ have”.

SEC. 833. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law and certain executive orders and regulations.

(a) Inapplicability of certain provisions of law.—

(1) SECTION 2375.—Section 2375 of title 10, United States Code, is amended—

(A) in subsection (b)(2), by striking “January 1, 2015” and inserting “October 13, 1994”; and

(B) in subsections (b)(2), (c)(2), and (d)(2), by striking “unless the” and all that follows and inserting a period.

(2) SECTION 2533A.—Section 2533a(i) of such title is amended—

(A) in the subsection heading, by striking “items” and inserting “products”; and

(B) by striking “commercial items” and inserting “commercial products”.

(3) SECTION 2533B.—Section 2533b(h) of such title is amended—

(A) the subsection heading, by striking “items” and inserting “products”; and

(B) by striking “commercial items” each place it appears and inserting “commercial products”.

(b) Inapplicability of certain executive orders and regulations.—Chapter 140 of title 10, United States Code, is amended by inserting after section 2375 the following new section:

§ 2375a. Applicability of certain Executive orders and regulations

“(a) Executive orders.—

“(1) COMMERCIAL CONTRACTS.—No Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.

“(2) SUBCONTRACTS UNDER COMMERCIAL CONTRACTS.—No subcontract under a Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.

“(b) Regulations and policies.—

“(1) COMMERCIAL CONTRACTS.—No Department of Defense commercial contract shall be subject to any Department of Defense regulation or policy prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.

“(2) SUBCONTRACTS UNDER COMMERCIAL CONTRACTS.—No subcontract under a Department of Defense commercial contract shall be subject to any Department of Defense regulation or order prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.

“(c) Department of defense commercial contracts.—In this section, the term ‘Department of Defense commercial contract’ means a contract for the procurement of a commercial product or commercial service entered into by the Secretary of Defense.”.

(c) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2375 the following new item:


“2375a. Applicability of certain Executive orders and regulations.”.

SEC. 834. Modifications to procurement through commercial e-commerce portals.

(a) In General.—Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended—

(1) in subsection (f), by adding at the end the following new paragraph:

“(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if—

“(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and

“(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.”;

(2) in subsection (h), by striking paragraph (3) and inserting the following:

“(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).”;

(3) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

(4) by inserting after subsection (i) the following new subsection:

“(j) Micro-purchase threshold.—Notwithstanding section 2338 of title 10, United States Code, and section 1902 of title 41, United States Code, the micro-purchase threshold for a procurement of a product through a commercial e-commerce portal used under the program established under subsection (a) is $25,000.”.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the implementation of any e-commerce portal under such section 846 to procure commercial products will be done in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products;

(2) the implementation of the e-commerce portal will be completed with multiple contracts with multiple commercial e-commerce portal providers; and

(3) the Administrator of the General Services Administration should require any e-commerce portal provider to take the necessary precautions to safeguard data of all other e-commerce portal providers and any third-party suppliers.

SEC. 835. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items.

(a) Review of determinations not to exempt contracts for commercial products, commercial services, and commercially available off-the-shelf items from certain laws and regulations.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts or subcontracts from laws which such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code; and

(2) propose revisions to the Federal Acquisition Regulation to provide an exemption from each law subject to such determination unless the Council determines that there is a specific reason not to provide the exemptions pursuant to section 1906 of such title or the Administrator for Federal Procurement Policy determines there is a specific reason not to provide the exemption pursuant to section 1907 of such title.

(b) Review of certain contract clause requirements applicable to commercial products and commercial services contracts.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review the Federal Acquisition Regulation to assess all regulations that require a specific contract clause for a contract using commercial product or commercial services acquisition procedures under part 12 of the Federal Acquisition Regulation, except for regulations required by law or Executive order; and

(2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.

(c) Elimination of certain contract clause regulations applicable to commercially available off-the-shelf item subcontracts.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review the Federal Acquisition Regulation to assess all regulations that require a prime contractor to include a specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause is required by law or Executive order; and

(2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.

SEC. 841. Requirement that certain ship components be manufactured in the national technology and industrial base.

(a) Additional procurement limitation.—Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) COMPONENTS FOR AUXILIARY SHIPS.—Subject to subsection (k), the following components:

“(A) Auxiliary equipment, including pumps, for all shipboard services.

“(B) Propulsion system components, including engines, reduction gears, and propellers.

“(C) Shipboard cranes.

“(D) Spreaders for shipboard cranes.”.

(b) Implementation.—Such section is further amended by adding at the end the following new subsection:

“(k) Implementation of auxiliary ship component limitation.—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term ‘auxiliary ship’ does not include an icebreaker.”.

SEC. 842. Report on domestic sourcing of specific components for all Naval vessels.

Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that provides a market survey and cost assessment associated with limiting competition to domestic sources for—

(1) naval vessel components listed in section 2534(a)(3) of title 10, United States Code;

(2) expanding such list to include all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy; and

(3) expanding such list to include waterjet marine propulsion systems, azimuth thrusters, and bow thrusters for all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy.

SEC. 843. Removal of national interest determination requirements for certain entities.

(a) In general.—Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information.

(b) Acceleration authorized.—Notwithstanding the effective date of this section, the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has—

(1) a demonstrated successful record of compliance with the National Industrial Security Program; and

(2) previously been approved for access to proscribed information.

(c) Definitions.—In this section:

(1) COVERED NTIB ENTITY.—The term “covered NTIB entity” means a person that is a subsidiary located in the United States—

(A) for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and

(B) that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program.

(2) PROSCRIBED INFORMATION.—The term “proscribed information” means information that is—

(A) classified at the level of top secret;

(B) communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys);

(C) restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));

(D) special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or

(E) designated as sensitive compartmented information.

SEC. 844. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

(a) Pilot program authorized.—The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish a pilot program to test the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

(b) Objectives of pilot program.—The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall design any pilot program conducted under this section to determine the following:

(1) The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time of the creation of such part through final insertion of such part into weapon systems.

(2) The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems.

(3) The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense.

(c) Consultation.—To develop the pilot program under this section, the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, may consult with the following entities:

(1) Manufacturers of semiconductors or electronics.

(2) Industry associations relating to semiconductors or electronics.

(3) Original equipment manufacturers of products for the Department of Defense.

(4) Nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code) that are machine vision companies.

(5) Federal laboratories (as defined in section 2500(5) of title 10, United States Code).

(6) Other elements of the Department of Defense that fall under the authority of the Undersecretary of Defense for Research and Engineering.

(d) Commencement and duration.—The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020.

SEC. 845. Security of Department of Defense telecommunication services.

In awarding contracts for telecommunication services or installation of telecommunication infrastructure on military installations located in the United States or its territories, the Secretary of Defense shall give preference to American-owned and -operated companies.

SEC. 846. Sense of Congress on unmanned ground vehicle technology.

It is the sense of Congress that design, manufacturing, and repair of the technology in unmanned ground vehicles is critical to national security. To that end, the national technology and industrial base periodic defense capability assessments required under section 2505 of title 10, United States Code, as well as the national security strategy for the national technology and industrial base required under section 2501 of such title, should include the unmanned ground vehicles industry.

SEC. 851. Department of Defense small business strategy.

(a) In general.—Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2283. Department of Defense small business strategy

“(a) In general.—The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.

“(b) Unified management structure.—As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—

“(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);

“(2) manufacturing and industrial base policy; and

“(3) any procurement technical assistance program established under chapter 142 of this title.

“(c) Purpose of small business programs.—The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).

“(d) Points of entry into defense market.—The Secretary shall ensure—

“(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and

“(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.

“(e) Enhanced outreach under procurement technical assistance program market.—The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.”.

(b) Implementation.—

(1) DEADLINE.—The Secretary of Defense shall develop the small business strategy required by section 2283 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

(2) NOTICE TO CONGRESS AND PUBLICATION.—Upon completion of the development of the small business strategy pursuant to paragraph (1), the Secretary shall—

(A) transmit the strategy to Congress; and

(B) publish the strategy on a public website of the Department of Defense.

(c) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2283. Department of Defense small business strategy.”.

SEC. 852. Prompt payments of small business contractors.

Section 2307(a) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2) by striking “The head of any agency may—” and inserting “(1) The head of any agency may”; and

(3) by adding at the end the following new paragraph:

“(2) (A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the head of an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract.

“(B) For a prime contractor that subcontracts with a small business concern, the head of an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if—

“(i) a specific payment date is not established by contract; and

“(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.”.

SEC. 853. Increased participation in the Small Business Administration microloan program.

(a) Definitions.—In this section—

(1) the term “intermediary” has the meaning given that term in section 7(m)(11) of the Small Business Act (15 U.S.C. 636(m)(11)); and

(2) the term “microloan program” means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)).

(b) Microloan intermediary lending limit increased.—Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended by striking “$5,000,000” and inserting “$6,000,000”.

(c) Microloan technical assistance.—Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) is amended by striking “25 percent” each place such term appears and inserting “50 percent”.

(d) SBA study of microenterprise participation.—Not later than 1 year after the date of enactment of this section, the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on—

(1) the operations (including services provided, structure, size, and area of operation) of a representative sample of—

(A) intermediaries that are eligible to participate in the microloan program and that do participate; and

(B) intermediaries that are eligible to participate in the microloan program and that do not participate;

(2) the reasons why eligible intermediaries described in paragraph (1)(B) choose not to participate in the microloan program;

(3) recommendations on how to encourage increased participation in the microloan program by eligible intermediaries described in paragraph (1)(B); and

(4) recommendations on how to decrease the costs associated with participation in the microloan program for eligible intermediaries.

(e) GAO study on microloan intermediary practices.—Not later than 1 year after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating—

(1) oversight of the microloan program by the Small Business Administration, including oversight of intermediaries participating in the microloan program; and

(2) the specific processes used by the Small Business Administration to ensure—

(A) compliance by intermediaries participating in the microloan program; and

(B) the overall performance of the microloan program.

SEC. 854. Amendments to Small Business Innovation Research Program and Small Business Technology Transfer Program.

(a) Use of SBIR or STTR funding for administrative costs.—Section 9 of the Small Business Act (15 U.S.C. 638) is amended—

(1) in subsection (f)—

(A) in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and

(B) by adding at the end the following new paragraph:

“(5) ADMINISTRATIVE COSTS.—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”; and

(2) in subsection (n)—

(A) in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and

(B) by adding at the end the following new paragraph:

“(4) ADMINISTRATIVE COSTS.—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”.

(b) Expansion of phase flexibility.—Section 9(cc) of such Act (15 U.S.C. 638(cc)) is amended by striking “During fiscal years” and all that follows through “may each provide” and inserting “During fiscal years 2018 through 2022, all agencies participating in the SBIR program may provide”.

(c) Improvements to technical and business assistance.—Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended—

(1) in the subsection heading, by inserting “and Business” after “Technical”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “a vendor selected under paragraph (2)” and inserting “1 or more vendors selected under paragraph (2)(A)”;

(ii) by inserting “and business” before “assistance services”; and

(iii) by inserting “assistance with product sales, intellectual property protections, market research, market validation, and development of regulatory plans and manufacturing plans,” after “technologies,”; and

(B) in subparagraph (D), by inserting “, including intellectual property protections” before the period at the end;

(3) in paragraph (2)—

(A) by striking “Each agency may select a vendor to assist small business concerns to meet” and inserting the following:

“(A) IN GENERAL.—Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting”; and

(B) by adding at the end the following:

“(B) SELECTION BY SMALL BUSINESS CONCERN.—A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).”; and

(4) in paragraph (3)—

(A) by inserting “(A)” after “paragraph (2)” each place it appears;

(B) in subparagraph (A), by striking “$5,000 per year” each place it appears and inserting “$6,500 per year”;

(C) in subparagraph (B)—

(i) by striking “$5,000 per year” each place it appears and inserting “$50,000 per project”; and

(ii) in clause (ii), by striking “which shall be in addition to the amount of the recipient’s award” and inserting “which may, as determined appropriate by the head of the agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award”;

(D) in subparagraph (C)—

(i) by inserting “or business” after “technical”;

(ii) by striking “the vendor” and inserting “a vendor”; and

(iii) by adding at the end the following: “Business-related services aimed at improving the commercialization success of a small business concern may be obtained from an entity, such as a public or private organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.”;

(E) in subparagraph (D)—

(i) by inserting “or business” after “technical” each place it appears; and

(ii) in clause (i), by striking “the vendor” and inserting “1 or more vendors”; and

(F) by adding at the end the following:

“(E) MULTIPLE AWARD RECIPIENTS.—The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.”.

SEC. 855. Construction contract administration.

Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Solicitation notice regarding administration of change orders for construction.—

“(1) IN GENERAL.—With respect to any solicitation for the award of a contract for construction anticipated to be awarded to a small business concern, the agency administering such contract shall provide a notice along with the solicitation to prospective bidders and offerors that includes—

“(A) information about the agency’s policies or practices in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of requests for an equitable adjustment; and

“(B) information about the agency’s past performance in definitizing requests for equitable adjustments in accordance with paragraph (2).

“(2) REQUIREMENTS FOR AGENCIES.—An agency shall provide the past performance information described under paragraph (1)(B) as follows:

“(A) For the 3-year period preceding the issuance of the notice, to the extent such information is available.

“(B) With respect to an agency that, on the date of the enactment of this subsection, has not compiled the information described under paragraph (1)(B)—

“(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding the issuance of the notice;

“(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding the issuance of the notice; and

“(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice.

“(3) FORMAT OF PAST PERFORMANCE INFORMATION.—In the notice required under paragraph (1), the agency shall ensure that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed during the following periods:

“(A) Not more than 30 days after receipt of a request for an equitable adjustment.

“(B) Not more than 60 days after receipt of a request for an equitable adjustment.

“(C) Not more than 90 days after receipt of a request for an equitable adjustment.

“(D) Not more than 180 days after receipt of a request for an equitable adjustment.

“(E) More than 365 days after receipt of a request for an equitable adjustment.

“(F) After the completion of the performance of the contract through a contract modification addressing all undefinitized requests for an equitable adjustment received during the term of the contract.”.

SEC. 856. Broadband and emerging information technology coordinator.

(a) In general.—The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1) by redesignating section 47 as section 48; and

(2) by inserting after section 46 the following:

“SEC. 47. Broadband and emerging information technology.

“(a) Definitions.—In this section—

“(1) the term ‘OII Associate Administrator’ means the Associate Administrator for the Office of Investment and Innovation; and

“(2) the term ‘broadband and emerging information technology coordinator’ means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).

“(b) Assignment of coordinator.—

“(1) ASSIGNMENT OF COORDINATOR.—The OII Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who—

“(A) shall report to the OII Associate Administrator;

“(B) shall work in coordination with—

“(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and

“(ii) any other Associate Administrator of the Administration determined appropriate by the OII Associate Administrator;

“(C) has experience developing and implementing telecommunications policy in the private sector or government; and

“(D) has demonstrated significant experience in the area of broadband or emerging information technology.

“(2) RESPONSIBILITIES OF COORDINATOR.—The broadband and emerging information technology coordinator shall—

“(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;

“(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission;

“(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and

“(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies.

“(3) TRAVEL.—Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.

“(c) Broadband and emerging technology training.—

“(1) TRAINING.—The OII Associate Administrator shall provide to employees of the Administration training that—

“(A) familiarizes employees of the Administration with broadband and other emerging information technologies;

“(B) includes—

“(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and

“(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and

“(C) to maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D).

“(2) FUNDING.—The Administrator shall use funds made available to the Office of Investment and Innovation to carry out this subsection.

“(d) Reports.—

“(1) BIENNIAL REPORT ON ACTIVITIES.—Not later than 2 years after the date on which the OII Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.

“(2) IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES.—

“(A) IN GENERAL.—Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns.

“(B) REPORT.—Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2017, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including—

“(i) a survey of broadband speeds available to small business concerns;

“(ii) a survey of the cost of broadband speeds available to small business concerns;

“(iii) a survey of the type of broadband technology used by small business concerns; and

“(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.”.

(b) Entrepreneurial development.—Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended—

(1) in the matter preceding clause (i), by inserting “accessing broadband and other emerging information technology,” after “technology transfer,”;

(2) in clause (ii), by striking “and” at the end;

(3) in clause (iii), by adding “and” at the end; and

(4) by adding at the end the following:

“(iv) increasing the competitiveness and productivity of small business concerns by assisting owners of such concerns in accessing broadband and other emerging information technology;”.

SEC. 857. Amendments to the Small Business Investment Act of 1958.

(a) Investment in small business investment companies.—Section 302(b) of the Small Business Investment Act of 1958 (15 U.S.C. 682(b)) is amended—

(1) in paragraph (1), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”;

(2) in paragraph (2), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”; and

(3) by adding at the end the following:

“(3) APPROPRIATE FEDERAL BANKING AGENCY DEFINED.—For purposes of this subsection, the term ‘appropriate Federal banking agency’ has the meaning given that term under section 3 of the Federal Deposit Insurance Act.”.

(b) Increase to maximum leverage limit.—Section 303(b)(2)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(A)(ii)) is amended by striking “$150,000,000” and inserting “$175,000,000”.

SEC. 858. Consolidated budget justification for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program.

(a) Submission with annual budget justification documents.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall include in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105 of title 31, United States Code) a budget justification for all activities conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of the Department of Defense during the previous fiscal year.

(b) Requirements for budget display.—The budget justification under subsection (a) shall include—

(1) the amount obligated or expended, by appropriation and functional area, for each activity conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program, with supporting narrative descriptions and rationale for the funding levels; and

(2) a summary and estimate of funding required during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code).

(c) Termination.—The requirements of this section shall terminate on December 31, 2022.

SEC. 859. Funding for procurement technical assistance program.

(a) Amount of assistance from Secretary.—Section 2413(b) of title 10, United States Code, is amended—

(1) by striking “not more than 65 percent” and inserting “not more than 75 percent”; and

(2) in paragraph (1), by striking “more than 65 percent, but not more than 75 percent” and inserting “more than 75 percent, but not more than 85 percent”.

(b) Funding for eligible entities.—Section 2414(a) of such title is amended—

(1) in paragraph (1), by striking “$750,000” and inserting “$1,000,000”;

(2) in paragraph (2), by striking “$450,000” and inserting “$750,000”;

(3) in paragraph (3), by striking “$300,000” and inserting “$450,000”; and

(4) in paragraph (4), by striking “$750,000” and inserting “$1,000,000”.

SEC. 860. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Subparagraph (B) of section 1908(b)(2) of title 41, United States Code, is amended by inserting “3131 to 3134,” after “sections”.

SEC. 861. SCORE.

(a) SCORE Reauthorization.—Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—

(1) by redesignating subsection (j) as subsection (f); and

(2) by adding at the end the following:

“(g) SCORE program.—There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2018 and 2019.”.

(b) SCORE program.—Section 8 of the Small Business Act (15 U.S.C. 637) is amended—

(1) in subsection (b)(1)(B), by striking “a Service Corps of Retired Executives (SCORE)” and inserting “the SCORE program described in subsection (c)”; and

(2) by striking subsection (c) and inserting the following:

“(c) SCORE program.—

“(1) DEFINITION.—In this subsection:

“(A) SCORE ASSOCIATION.—The term ‘SCORE Association’ means the Service Corps of Retired Executives Association or any successor or other organization who receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A).

“(B) SCORE PROGRAM.—The term ‘SCORE program’ means the SCORE program authorized by subsection (b)(1)(B).

“(2) MANAGEMENT AND VOLUNTEERS.—

“(A) IN GENERAL.—The Administrator shall provide a grant to the SCORE Association to manage the SCORE program.

“(B) VOLUNTEERS.—A volunteer participating in the SCORE program shall—

“(i) based on the business experience and knowledge of the volunteer—

“(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and

“(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and

“(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program.

“(3) PLANS AND GOALS.—The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program.

“(4) ANNUAL REPORT.—The SCORE Association shall submit to the Administrator an annual report that contains—

“(A) the number of individuals counseled or trained under the SCORE program;

“(B) the number of hours of counseling provided under the SCORE program; and

“(C) to the extent possible—

“(i) the number of small business concerns formed with assistance from the SCORE program;

“(ii) the number of small business concerns expanded with assistance from the SCORE program; and

“(iii) the number of jobs created with assistance from the SCORE program.

“(5) PRIVACY REQUIREMENTS.—

“(A) IN GENERAL.—Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless—

“(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or

“(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit.

“(B) ADMINISTRATOR USE OF INFORMATION.—This paragraph shall not—

“(i) restrict the access of the Administrator to program activity data; or

“(ii) prevent the Administrator from using client information to conduct client surveys.

“(C) STANDARDS.—

“(i) IN GENERAL.—The Administrator shall, after the opportunity for notice and comment, establish standards for—

“(I) disclosures with respect to financial audits under subparagraph (A)(ii); and

“(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information.

“(ii) MAXIMUM PRIVACY PROTECTION.—The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.”.

(c) Online component.—

(1) IN GENERAL.—Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by subsection (b), is further amended by adding at the end the following:

“(6) ONLINE COMPONENT.—In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.”.

(2) ONLINE COMPONENT REPORT.—

(A) IN GENERAL.—At the end of fiscal year 2018, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the effectiveness of the online counseling and webinars required as part of the SCORE program, including—

(i) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results;

(ii) describing the internal controls that are used and a summary of the topics covered by the webinars; and

(iii) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars.

(B) DEFINITIONS.—For purposes of this subsection, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

(d) Study and report on the future role of the score program.—

(1) STUDY.—The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will evolve to meet the needs of small business concerns and potential future small business concerns over the course of the 5 years following the date of enactment of this Act, with markers and specific objectives for year 1, year 3, and year 5.

(2) REPORT.—Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing—

(A) all findings and determination made in carrying out the study required under paragraph (1);

(B) the strategic plan developed under paragraph (1);

(C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels.

(3) DEFINITIONS.—For purposes of this section, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

(e) Technical and conforming amendments.—

(1) SMALL BUSINESS ACT.—The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(A) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(B) in section 22 (15 U.S.C. 649)—

(i) in subsection (b)—

(I) in paragraph (1), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(II) in paragraph (3), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(ii) in subsection (c)(12), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.

(2) OTHER LAWS.—

(A) CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009.—Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended—

(i) in subsection (a), by striking paragraph (4) and inserting the following:

“(4) the term ‘SCORE program’ means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));”; and

(ii) in subsection (b)(4)(A)(iv), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.

(B) ENERGY POLICY AND CONSERVATION ACT.—Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking “Service Corps of Retired Executives (SCORE)” and inserting “SCORE program”.

SEC. 862. Procurement Technical Assistance Centers.

(a) Authorization to form association.—Procurement Technical Assistance Centers are authorized to form an association to pursue matters of common concern.

(b) Recognition by Secretary of Defense.—If more than half of the Procurement Technical Assistance Centers which are operating pursuant to agreements with the Department of Defense are members of such an association, the Secretary of Defense shall—

(1) recognize the existence and activities of such an association; and

(2) consult with it and develop documents—

(A) announcing the annual scope of activities pursuant to this section;

(B) requesting proposals to deliver assistance as provided in this section; and

(C) governing the general operations and administration of the Procurement Technical Assistance Program, specifically including the development of regulations and a uniform negotiated cooperative agreement for use on an annual basis when entering into individual negotiated agreements with Procurement Technical Assistance Centers.

SEC. 863. Commercialization Assistance Pilot Program.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection:

“(tt) Commercialization assistance pilot programs.—

“(1) PILOT PROGRAMS IMPLEMENTED.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.

“(B) EXCEPTION.—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.

“(2) PERCENT OF AGENCY FUNDS.—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.

“(3) TERMINATION.—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.

“(4) APPLICATION.—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—

“(A) an updated Phase II commercialization plan; and

“(B) the source and amount of the matching funding required under paragraph (5).

“(5) MATCHING FUNDING.—

“(A) IN GENERAL.—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.

“(B) INELIGIBLE SOURCES.—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).

“(6) AWARD.—A subsequent Phase II SBIR award made to an eligible entity under this subsection—

“(A) may not exceed the limitation described under subsection (aa)(1); and

“(B) shall be disbursed during Phase II.

“(7) USE OF FUNDS.—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.

“(8) SELECTION.—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—

“(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;

“(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;

“(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;

“(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;

“(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and

“(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.

“(9) EVALUATION REPORT.—Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—

“(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;

“(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;

“(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;

“(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;

“(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);

“(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;

“(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;

“(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;

“(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and

“(J) recommendations for improvements to the commercialization assistance pilot program.

“(10) DEFINITIONS.—For purposes of this subsection:

“(A) COVERED AGENCY.—The term ‘covered agency’ means a Federal agency required to have an SBIR program.

“(B) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.

“(C) ELIGIBLE THIRD-PARTY INVESTOR.—The term ‘eligible third-party investor’ means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.

“(D) INELIGIBLE SOURCES.—The term ‘ineligible sources’ means the following:

“(i) The eligible entity’s internal research and development funds.

“(ii) Funding in forms other than cash, such as in-kind or other intangible assets.

“(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.

“(iv) Funding attained through loans or other forms of debt obligations.

“(E) SUBSEQUENT PHASE II SBIR AWARD.—The term ‘subsequent Phase II SBIR award’ means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”.

SEC. 864. Puerto Rico businesses.

(a) Definition of Puerto Rico business.—Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:

“(ee) Puerto Rico business.—In this Act, the term ‘Puerto Rico business’ means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”.

(b) Small business credit for Puerto Rico businesses.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Small business credit for Puerto Rico businesses.—

“(1) CREDIT FOR MEETING CONTRACTING GOALS.—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

“(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”.

(c) Priority for surplus property transfers.—Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:

“(iii) (I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.

“(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”.

(d) Contracting incentives for protege firms that are Puerto Rico businesses.—

(1) IN GENERAL.—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:

“(3) PUERTO RICO BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

“(A) positive consideration in any past performance evaluation of the covered mentor;

“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

“(C) such other incentives as the Administrator determines appropriate.”.

(2) DEFINITIONS.—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:

“(4) COVERED MENTOR.—The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

“(5) COVERED PROTEGE.—The term ‘covered protege’ means a protege of a covered mentor that is a Puerto Rico business.”.

(e) Additional mentor-protege relationships for protege firms that are Puerto Rico businesses.—Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.

SEC. 865. United States Virgin Islands Small Business Contracting Assistance.

(a) Short title.—This section may be cited as the “United States Virgin Islands Small Business Contracting Assistance Act of 2018”.

(b) Definition of United States Virgin Islands business.—Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:

“(ee) United States Virgin Islands business.—In this Act, the term ‘United States Virgin Islands business’ means a small business concern that has its principal office located in the United States Virgin Islands.”.

(c) Small business credit for United States Virgin Islands businesses.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Small business credit for United States Virgin Islands businesses.—

“(1) CREDIT FOR MEETING CONTRACTING GOALS.—If an agency awards a prime contract to United States Virgin Islands business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

“(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”.

(d) Priority for surplus property transfers.—Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:

“(iii) (I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date that is 3 years after such date of enactment.

“(II) The Administrator may transfer technology or surplus property under clause (i) to a United States Virgin Islands business during the covered period if the such business meets the requirements for such a transfer, without regard to whether such business is a Program Participant.”.

(e) Contracting incentives for protege firms that are United States Virgin Islands businesses.—

(1) IN GENERAL.—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:

“(3) UNITED STATES VIRGIN ISLANDS BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending on the date that is 3 years after such date of enactment, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

“(A) positive consideration in any past performance evaluation of the covered mentor;

“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

“(C) such other incentives as the Administrator determines appropriate.”.

(2) DEFINITIONS.—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:

“(4) COVERED MENTOR.—The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

“(5) COVERED PROTEGE.—The term ‘covered protege’ means a protege of a covered mentor that is a United States Virgin Islands business.”.

(f) Additional mentor-protege relationships for protege firms that are United States Virgin Islands businesses.—Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that, during the 3-year period beginning on the date of the enactment of the United States Virgin Islands Small Business Contracting Assistance Act of 2018, such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.

SEC. 866. Opportunities for employee-owned business concerns through Small Business Administration loan programs.

(a) Definitions.—In this Act—

(1) the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;

(2) the term “cooperative” means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations;

(3) the term “employee-owned business concern” means—

(A) a cooperative; and

(B) a qualified employee trust;

(4) the terms “qualified employee trust” and “small business concern” have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and

(5) the term “small business development center” means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).

(b) Expansion of 7(a) loans.—

(1) IN GENERAL.—Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended—

(A) in paragraph (15)—

(i) in subparagraph (A)—

(I) by striking “this subsection to qualified employee trusts” and inserting “this subsection—

“(i) to qualified employee trusts”;

(II) in clause (i), as so designated—

(aa) by inserting “, and for any transaction costs associated with purchasing,” after “purchasing”;

(bb) by striking the period at the end and inserting “; and”; and

(III) by adding at the end the following:

“(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”;

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i), by inserting “or by the small business concern” after “the trustee of such trust”;

(II) in clause (ii), by striking “and” at the end;

(III) in clause (iii), by striking the period at the end and inserting “, and”; and

(IV) by adding at the end the following:

“(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—

“(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and

“(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”; and

(iii) by adding at the end the following:

“(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.

“(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”; and

(B) by adding at the end the following:

“(35) LOANS TO COOPERATIVES.—

“(A) DEFINITION.—In this paragraph, the term ‘cooperative’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.

“(B) AUTHORITY.—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”.

(2) DELEGATION OF AUTHORITY TO PREFERRED LENDERS.—Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting “, including loans guaranteed under paragraph (15) or (35) of section 7(a)” after “deferred participation loans”.

(c) Small business investment company program outreach.—The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee-owned business concerns.

(d) Small business microloan program outreach.—The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to increase the use of funds to make loans to employee-owned business concerns, including transitions to employee-owned business concerns.

(e) Small business development center outreach and assistance.—

(1) ESTABLISHMENT.—The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts.

(2) SMALL BUSINESS DEVELOPMENT CENTERS.—

(A) IN GENERAL.—In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall—

(i) provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy;

(ii) conduct training and educational activities; and

(iii) carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)).

(B) ADDITIONAL SERVICES.—Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—

(i) in subparagraph (S), by striking “and” at the end;

(ii) in subparagraph (T), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as ‘employee-owned business concerns’), including by—

“(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;

“(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;

“(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;

“(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and

“(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”.

(f) Interagency working group.—

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator (or a designee of the Administrator) shall coordinate and chair an interagency working group, which shall—

(A) develop recommendations on how Federal programs can promote, support, and increase the number of employee-owned business concerns;

(B) ensure coordination with Federal agencies and national and local employee ownership, cooperative, and small business organizations; and

(C) publish a report on the activities of the interagency working group that is indexed and maintained for public review.

(2) MEETINGS.—The interagency working group shall meet at such times as determined necessary by the, but not less than biannually. Such meetings may occur in person or via electronic resources.

(g) Amendment to report to Congress on status of employee-owned firms.—Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking “Administration.” and inserting“Administration, which shall include—

“(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—

“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

“(II) to cooperatives;

“(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—

“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

“(II) to cooperatives; and

“(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”.

(h) Report on cooperative lending.—

(1) SENSE OF CONGRESS.—It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives.

(2) STUDY AND REPORT.—

(A) STUDY.—The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration.

(B) REPORT.—Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations.

(i) Amendment to definition of qualified employee trust.—Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows:

“(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”.

SEC. 867. Veteran Entrepreneurship Training.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense should coordinate with the Administrator of the Small Business Administration to include relevant aspects of veterans assistance programs of the Small Business Administration in the Transition Assistance Program established under section 1144 of title 10, United States Code.

(b) Boots to Business Program.—Section 32 of the Small Business Act (15 U.S.C. 657b) is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection:

“(f) Boots to Business Program.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘covered individual’ means—

“(i) a member of the Armed Forces, including the National Guard or Reserves;

“(ii) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;

“(iii) an individual who—

“(I) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and

“(II) was discharged or released from such service under conditions other than dishonorable; and

“(iv) a spouse or dependent of an individual described in clause (i), (ii), or (iii); and

“(B) the term ‘Vet Center’ has the meaning given in section 1712A(h) of title 38, United States Code.

“(2) ESTABLISHMENT.—The Administrator shall carry out a program to be known as the ‘Boots to Business Program’ to provide entrepreneurship training to covered individuals.

“(3) GOALS.—The goals of the Boots to Business Program are to—

“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and

“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and launch a small business concern.

“(4) PROGRAM COMPONENTS.—

“(A) IN GENERAL.—The Boots to Business Program may include—

“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;

“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;

“(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and

“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.

“(B) COLLABORATION.—The Administrator may—

“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).

“(C) UTILIZATION OF RESOURCE PARTNERS.—

“(i) IN GENERAL.—The Administrator shall—

“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

“(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.

“(ii) GRANT AUTHORITY.—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.

“(D) AVAILABILITY TO DEPARTMENT OF DEFENSE.—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials created for the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.

“(E) AVAILABILITY TO VETERANS AFFAIRS.—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available outreach materials regarding the Boots to Business Program for distribution and display at local facilities of the Department of Veterans Affairs which shall, at a minimum—

“(i) describe the Boots to Business Program and the services provided; and

“(ii) include eligibility requirements for participating in the Boots to Business Program.

“(5) REVIEW.—The Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report regarding the awarding of grants to entities under paragraph (4)(C).

“(6) REPORT.—Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—

“(A) the number of program participants using each component of the Boots to Business Program;

“(B) the completion rates for each component of the Boots to Business Program;

“(C) to the extent possible—

“(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;

“(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;

“(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;

“(iv) the number of jobs created with assistance under the Boots to Business Program;

“(v) the number of referrals to other resources and programs of the Administration;

“(vi) the number of program participants receiving financial assistance under loan programs of the Administration;

“(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and

“(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;

“(D) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;

“(E) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

“(F) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

“(G) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

“(H) any additional information the Administrator determines necessary.”.

SEC. 868. Improvement of small business development centers program.

(a) Use of authorized entrepreneurial development programs.—The Small Business Act (15 U.S.C. 631 et seq.), as amended by this Act, is amended—

(1) by redesignating section 48 as section 49; and

(2) by inserting after section 47 the following new section:

“SEC. 48. Use of authorized entrepreneurial development programs.

“(a) Expanded support for entrepreneurs.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, the Administrator shall only deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training through a program authorized under—

“(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act; or

“(B) sections 358 or 389 of the Small Business Investment Act of 1958.

“(2) EXCEPTION.—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).

“(b) Annual report.—Beginning on the first December 1 after the date of the enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year through a program described in subsection (a). Such report shall include—

“(1) a description and operating details for each program and activity;

“(2) operating circulars, manuals, and standard operating procedures for each program and activity;

“(3) a description of the process used to award grants under each program and activity;

“(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;

“(5) the amount of funding obligated for the current fiscal year for each program and activity; and

“(6) the names and titles for those individuals responsible for each program and activity.”.

(b) Marketing of services.—Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

“(o) No prohibition of marketing of services.—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”.

(c) Data collection.—

(1) IN GENERAL.—Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended—

(A) by striking “as provided in this section and” and inserting “as provided in this section,”; and

(B) by inserting before the period at the end the following: “, and (iv) governing data collection activities related to applicants receiving grants under this section”.

(2) ANNUAL REPORT ON DATA COLLECTION.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by subsection (b), is further amended by adding at the end the following:

“(p) Annual report on data collection.—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center Program.”.

(3) WORKING GROUP TO IMPROVE DATA COLLECTION.—

(A) ESTABLISHMENT AND STUDY.—The Administrator of the Small Business Administration shall establish a group to be known as the “Data Collection Working Group ” consisting of members from entrepreneurial development grant recipients associations and organizations and officials from the Small Business Administration, to carry out a study to determine the best way to capture data collection and create or revise existing systems dedicated to data collection.

(B) REPORT.—Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings and determinations made in carrying out the study required under paragraph (1), including—

(i) recommendations for revising existing data collection practices; and

(ii) a proposed plan for the Small Business Administration to implement such recommendations.

(d) Fees from private partnerships and cosponsorships.—Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), as amended by subsection (c), is further amended by adding at the end the following:

“(D) Fees from private partnerships and cosponsorships.—A small business development center that participates in a private partnership or cosponsorship with the Administration shall not be prohibited from collecting fees or other income related to the operation of such a private partnership or cosponsorship.”.

(e) Equity for small business development centers.—Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:

“(I) IN GENERAL.—Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”.

(f) Confidentiality requirements.—Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after “under this section” the following: “to any State, local, or Federal agency, or to any third party”.

(g) Limitation on award of grants to small business development centers.—

(1) IN GENERAL.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by subsection (c), is further amended—

(A) in subsection (a)(1), by striking “any women's business center operating pursuant to section 29,”; and

(B) by adding at the end the following:

“(q) Limitation on award of grants.—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”.

(2) RULE OF CONSTRUCTION.—The amendments made by this section may not be construed as prohibiting a women’s business center (as described under section 29 of the Small Business Act (15 U.S.C. 656)) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act (15 U.S.C. 648).

SEC. 871. Additional requirements for negotiations for noncommercial computer software.

Section 2322a of title 10, United States Code, is amended by adding at the end the following new subsections:

“(c) Rights to noncommercial computer software.—As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense may not require a contractor to sell or otherwise relinquish to the Federal Government any rights to noncommercial computer software developed exclusively at private expense, except for rights related to—

“(1) corrections or changes to such software or documentation related to such software furnished to the contractor by the Department of Defense;

“(2) such software or documentation related to such software that is otherwise publicly available or that has been released or disclosed by the contractor or subcontractor without restrictions on further use, release, or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in such software or documentation to another party.

“(3) such software or documentation related to such software obtained with unlimited rights under another contract with the Federal Government or as a result of such a negotiation; or

“(4) such software or documentation related to such software furnished to the Department of Defense under a contract or subcontract that includes—

“(A) restricted rights in such software, limited rights in technical data, or government purpose rights, where such restricted rights, limited rights, or government purpose rights have expired; or

“(B) government purpose rights, where the contractor’s exclusive right to use such software or documentation for commercial purposes has expired.

“(d) Consideration of specially negotiated licenses.—The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for noncommercial computer software or documentation related to such software necessary to support the product support strategy of a major weapon system or subsystem of a major weapon system.”.

SEC. 872. Removal of requirement for risk and sensitivity analysis of baseline estimates in Selected Acquisition Reports.

Section 2432(c)(1)(B) of title 10, United States Code, is amended by striking “, along with the associated risk and sensitivity analysis of that estimate” each place it appears.

SEC. 873. Prohibition on acquisition of sensitive materials from non-allied foreign nations.

(a) In general.—Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533b the following new section:

§ 2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations

“(a) In general.—Except as provided in subsection (c), the Secretary of Defense may not—

“(1) procure any end item containing a covered material from any covered nation, except as provided by subsection (c); or

“(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—

“(A) any covered nation; or

“(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.

“(b) Extension.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.

“(c) Exceptions.—Subsection (a) does not apply under the following circumstances:

“(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed.

“(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States.

“(3) To the purchase by the Secretary of an end item containing a covered material that is—

“(A) a commercially available off-the-shelf item (as defined in section 104 of title 41); or

“(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security.

“(d) Definitions.—In this section:

“(1) COVERED MATERIAL.—The term ‘covered material’ means—

“(A) samarium-cobalt magnets;

“(B) neodymium-iron-boron magnets;

“(C) tungsten penetrators; and

“(D) tungsten or tungsten alloy spheres and cubes.

“(2) COVERED NATION.—The term ‘covered nation’ means—

“(A) the Democratic People's Republic of North Korea;

“(B) the People's Republic of China;

“(C) the Russian Federation; and

“(D) the Islamic Republic of Iran.

“(3) END ITEM.—The term ‘end item’ has the meaning given in section 2533b(m) of this title.”.

(b) Clerical amendment.—The table of contents at the beginning of such subchapter is amended by inserting after the item relating to section 2533b the following item:


“2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.”.

SEC. 874. Transfer or possession of defense items for national defense purposes.

(a) Transfer and possession exceptions.—Section 922(o)(2) of title 18, United States Code, is amended—

(1) in subparagraph (A), by striking “or by” and inserting “, by, or under the authority of”;

(2) by striking “or” at the end of subparagraph (A);

(3) by striking the period at the end of subparagraph (B) and inserting a semicolon; and

(4) by inserting after subparagraph (B) the following new subparagraphs:

“(C) a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—

“(i) joint production of a weapon, or integration or incorporation into another article or device;

“(ii) calibration, testing, or research and development;

“(iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or

“(iv) training of Federal, State, local, or foreign government personnel;

“(D) a transfer to, or possession by, a licensee for the purpose of repair and return of the same to a lawful possessor; or

“(E) notwithstanding subsection (g)(5)(B), possession by foreign government personnel for official training purposes under the direct and continuous supervision of an authorized Federal, State, or local government official, or a licensee as described in subparagraph (C), provided that, upon completion of the training, such foreign government personnel shall relinquish possession of the same to such official or licensee.”.

(b) Importation requirements.—Section 925(d) of such title is amended—

(1) in paragraph (3)—

(A) by inserting “except as provided in paragraph (5),” before “is of”; and

(B) by striking “or” at the end;

(2) in paragraph (4), by striking the period at the end and inserting “; or”; and

(3) by inserting after paragraph (4) the following new paragraph:

“(5) is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraph (A), (C), (D), or (E) of section 922(o)(2).”.

(c) Effective date.—This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

SEC. 875. Expedited hiring authority for shortage category positions in the acquisition workforce.

Section 1703(j) of title 41, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking “sections 3304, 5333, and 5753 of title 5” and inserting “section 3304 of title 5”;

(B) by striking “authorities in those sections” and inserting “authority in such section”; and

(C) by striking “certain Federal acquisition positions (as described in subsection (g)(1)(A))” and inserting “the Federal acquisition provisions described in paragraph (2)”; and

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following new paragraph:

“(2) POSITIONS DESCRIBED.—The Federal acquisition positions described in this paragraph are the following:

“(A) Any position listed in (g)(1)(A).

“(B) All positions in the General Schedule Realty series (GS–1170).”; and

(4) in paragraph (3) (as so redesignated), by striking “September 30, 2017” and inserting “September 30, 2021”.

SEC. 876. Extension of prohibition on providing funds to the enemy.

Section 841(n) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended by striking “December 31, 2019” and inserting “December 31, 2021”.

SEC. 877. Repeal of certain determinations required for grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards.

Section 817(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—

(1) by striking paragraph (1); and

(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

SEC. 878. Reporting on projects performed through transactions other than contracts, cooperative agreements, and grants.

(a) Report required.—Not later than December 31, 2018, and each December 31 thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report covering the preceding fiscal year on projects described in subsection (b).

(b) Contents.—Each report under subsection (a) shall include—

(1) for each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code, for which payments made by the Department of Defense exceeded $5,000,000 for such transaction—

(A) an identification of the element of the Department of Defense and the person or entity outside of the Department of Defense entering into such transaction;

(B) the date of entry into such transaction;

(C) the amount of the payments made by the Department of Defense for such transaction;

(D) the goals and status of each project carried out under such transaction; and

(E) the start date and anticipated end date of each project carried out under such transaction; and

(2) a description of the mechanisms, including any policies, guidance, and reporting requirements, established by the Secretary of Defense to regulate the use of authority relating to a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code.

SEC. 879. Standardization of formatting and public accessibility of Department of Defense reports to Congress.

(a) Briefing required.—Not later than March 1, 2019, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on a plan to standardize the formatting and public accessibility of unclassified Department of Defense reports required by Congress. Such briefing shall include a description of the method—

(1) for ensuring that reports are created in a platform-independent, machine-readable format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications; and

(2) for providing a publically accessible online repository of unclassified reports of the Department of Defense issued since January 1, 2010, including protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety.

(b) Implementation.—Such plan shall be implemented not later than March 1, 2020.

SEC. 880. Defending United States Government communications.

(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 that, “China’s defense industry has benefitted 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 Federal Bureau of Investigation 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 such 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 United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 dollars for activity between January 2010 and January 2016.

(11) The Treasury Department’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 Permanent Select Committee on Intelligence of the House of Representatives “Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE” released in 2012, 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.”.

(13) Christopher Wray, who serves as Director of the Federal Bureau of Investigation, stated in February 2018 during a hearing of the Select Committee on Intelligence of the Senate that he was “deeply concerned about the risks of allowing any company or entity that is beholden to foreign governments that don’t share our values to gain positions of power inside our telecommunications networks. That provides the capacity to exert pressure or control over our telecommunications infrastructure. It provides the capacity to maliciously modify or steal information. And it provides the capacity to conduct undetected espionage.” Admiral Mike Rogers, who served as Director of the National Security Agency, agreed with Director Wray’s characterization, and added that Government programs need “to look long and hard at companies like this”.

(14) Director of National Intelligence Dan Coats, Federal Bureau of Investigation Director Christopher Wray, Director of the Defense Intelligence Agency General Robert Ashley, Director of the National Geospatial-Intelligence Agency Robert Cardillo, Director of the National Security Agency Admiral Michael Rogers, and Director of the Central Intelligence Agency Michael Pompeo all indicated by show of hands in February 2018 at a hearing of the Select Committee on Intelligence of the Senate that they would not “use products or services from Huawei or ZTE”.

(15) General Paul Nakasone, who served as the Commanding General of United States Army Cyber Command, stated during his confirmation hearing to be National Security Agency director in March 2018 before the Select Committee on Intelligence of the Senate that he “would not” use any Huawei, China Unicom, or China Telecom products nor would he recommend his family do so.

(b) Prohibition on certain telecommunications or video surveillance services or equipment.—

(1) PROHIBITION ON AGENCY USE OR PROCUREMENT.—Except as provided in paragraph (3), beginning not later than January 1, 2021, the head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibitions described in this paragraph include the obligation or expenditure of loans or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(2) IMPLEMENTATION PLAN.—By not later than 180 days after the date of the enactment of this Act, each agency shall develop a plan to implement paragraph (1) throughout the agency’s supply chain and shall submit such plan to the appropriate congressional committees. Each such plan shall be submitted in unclassified form, but may contain a classified annex. The plan for an agency shall include, but not be limited to, how the agency plans to deal with the impact of white label technology on its supply chain whereby the original manufacturer of technology is not readily apparent to a purchaser or user.

(3) WAIVER.—The head of an agency may, on a one time basis, waive the requirement under paragraph (1) with respect to an entity that requests such a waiver. Such a waiver may be provided for a period of not more than two years if the entity seeking the waiver—

(A) can demonstrate a compelling justification for additional time to implement such paragraph;

(B) submits to the head of the agency, who then submits to the appropriate congressional committees within 30 days, a full and complete laydown of the presence of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from its systems;

(C) does not permit real-time access to its networks to an entity located or substantially located in a covered foreign country; and

(D) provides a written guarantee to the head of the agency that it will not procure such covered telecommunications or video surveillance equipment or services again.

(4) COVERED COMPONENTS.—With respect to a covered component of an entity for which such entity reasonably believes will not need to be replaced during the 5-year period beginning on the date of the enactment of this Act, such entity shall provide a written assurance to the head of the agency for which such covered component is in use that such entity shall replace such covered component, at the end of such covered component’s reasonable lifecycle, with a comparable component that is manufactured by a person other than Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).

(5) DEFINITIONS.—In this section:

(A) The term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

(B) The term “agency” has the meaning given that term in section 551 of title 5, United States Code.

(C) The term “covered foreign country” means the People’s Republic of China.

(D) The term “covered telecommunications or video surveillance equipment or services” means any of the following:

(i) Telecommunications or video surveillance equipment produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(E) The term “covered component” means any component that—

(i) is part of any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services;

(ii) is produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities); and

(iii) cannot route or redirect data traffic or visibility into any data or packets such equipment, system, or service transmits or manipulates.

(c) Report.—

(1) IN GENERAL.—The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation and the Secretaries of State, Homeland Security, and Defense, shall develop a report outlining the national security risks of use of Huawei, Hytera, Hikvision, Dahua, and ZTE technology, especially as it relates to evidence of malicious software or hardware that enables unauthorized network access or control and the type and level of risk, and a plan to share such report, based on appropriate access to classified information, with U.S. allies, partners, and U.S. cleared defense contractors and telecommunications services providers.

(2) UNCLASSIFIED VERSION.—In addition to the classified report required by paragraph (1), an unclassified version of the report shall be made available for U.S. allies and partners as well as impacted telecommunication companies State and local governments that do not have access to classified information.

(3) DEADLINE.—The reports required by paragraph (1) and paragraph (2) of this subsection shall be submitted to the appropriate congressional committees (as defined in subsection (b)(4) of this section) not later than 180 days after the date of the enactment of this Act.

SEC. 881. Promotion of the use of Government-wide and other interagency contracts.

Section 865(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) is amended—

(1) by striking “that all interagency acquisitions—” and inserting “that—”;

(2) in subparagraph (A)—

(A) by inserting “all interagency assisted acquisitions” before “include”; and

(B) by inserting “and” after the semicolon;

(3) by striking subparagraph (B); and

(4) by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph by inserting “all interagency assisted acquisitions” before “include”.

SEC. 882. Increasing competition at the task order level.

Section 3306(c) of title 41, United States Code, is amended—

(1) in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the subparagraph designation; and

(2) by adding at the end the following new paragraphs:

“(3) EXCEPTIONS FOR CERTAIN INDEFINITE DELIVERY, INDEFINITE QUANTITY MULTIPLE-AWARD CONTRACTS AND CERTAIN FEDERAL SUPPLY SCHEDULE CONTRACTS FOR SERVICES ACQUIRED ON AN HOURLY RATE.—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—

“(A) the contracting officer need not consider price as an evaluation factor for contract award; and

“(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award—

“(i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and

“(ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.

“(4) DEFINITION.—In paragraph (3), the term ‘qualifying offeror’ means an offeror that—

“(A) is determined to be a responsible source;

“(B) submits a proposal that conforms to the requirements of the solicitation;

“(C) meets all technical requirements; and

“(D) is otherwise eligible for award.”.

SEC. 883. Individual acquisition for commercial leasing services.

(a) In general.—For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with requirements for full and open competition.

(b) Audit.—The Comptroller General of the United States shall—

(1) conduct biennial audits of the General Services Administration National Broker Contract to determine—

(A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and

(B) the impact of the program on the length of time of lease procurements;

(2) conduct a review of whether the application of section 863 of Public Law 110–417 to acquisitions for commercial leasing services resulted in rental cost savings for the Government during the years in which such section was applicable prior to the date of enactment of this section; and

(3) not later than September 30, 2019, and September 30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A) summarizes the results of the audit and review required by paragraphs (1) and (2);

(B) includes an assessment of whether the National Broker Contract provides greater efficiencies and savings than the use of General Services Administration staff; and

(C) includes recommendations for improving General Services Administration lease procurements.

(c) Termination.—This section shall terminate on December 31, 2022.

SEC. 884. Procurement administrative lead time definition and plan.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall develop, make available for public comment, and finalize—

(1) a definition of the term “Procurement administrative lead time” or “PALT”, to be applied Government-wide, that describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an initial award of the contract or task order; and

(2) a plan for measuring and publicly reporting data on PALT for Federal Government contracts and task orders in amounts greater than the simplified acquisition threshold.

(b) Requirement for definition.—Unless the Administrator determines otherwise, the amount of time in the definition of PALT developed under subsection (a) shall—

(1) begin on the date on which an initial solicitation is issued by a Federal department or agency for a contract or task order; and

(2) end on the date of the award of the contract or task order.

(c) Coordination.—In developing the definition of PALT, the Administrator shall coordinate with—

(1) the senior procurement executives of Federal agencies;

(2) the Secretary of Defense; and

(3) the Administrator of the General Services Administration on modifying the existing data system of the Federal Government to determine the date on which the initial solicitation is issued.

(d) Use of existing procurement data system.—In developing the plan for measuring and publicly reporting data on PALT required by subsection (a), the Administrator shall, to the maximum extent practicable, rely on the information contained in the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code, including any modifications to that system.

SEC. 885. Report on funding of product support strategies.

(a) Report required.—For each of the fiscal years 2020, 2021, and 2022, the Secretary of Defense shall include with the budget for the Department of Defense, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a report regarding the funding for product support strategies for major weapon systems. The Secretary may submit this report separately, or as part of the annex required by section 347 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b) Contents.—The report shall include for each major weapon system—

(1) a current estimate of the total funding required for the product support strategy for the lifecycle of the weapon system;

(2) a current estimate of the funding required for the product support strategy per year, by appropriation and budget activity, over the future years defense program for the weapon system;

(3) a summary of the funding requested for the product support strategy in the future years defense program per year, by appropriation and budget activity, for the weapon system;

(4) should the amounts required pursuant to paragraph (2) differ from the amounts requested pursuant to paragraph (3) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system;

(5) a summary of the amounts expended, by appropriation and budget activity, for the product support strategy of the weapon system during the prior fiscal year; and

(6) should the amounts expended in the prior fiscal year pursuant to paragraph (5) differ from the amounts required for that fiscal year, pursuant to paragraph (2) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system.

SEC. 886. Use of lowest price technically acceptable source selection process.

(a) Statement of policy.—It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process.

(b) Revision of federal acquisition regulation.—Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which—

(1) an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;

(2) the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;

(3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;

(4) the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency;

(5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and

(6) the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.

(c) Avoidance of use of lowest price technically acceptable source selection criteria in certain procurements.—To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—

(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services;

(2) personal protective equipment; or

(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.

(d) Reporting.—Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $2,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria.

(e) Definitions.—In this section:

(1) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense.

(2) CONTINGENCY OPERATION.—The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

SEC. 887. Sense of Congress regarding steel produced in the United States.

(a) Findings.—Congress finds the following:

(1) Frequent surges in unfairly trade steel imports have materially injured the iron ore and steel industries in the United States, putting our national, economic, and energy security at risk.

(2) High-quality American steel products are vital to the success of the United States military and are used in a variety of applications from aircraft carriers to armor plate for tanks as well as critical energy infrastructure like the electrical grid and energy pipelines.

(3) Domestic producers of defense-related steel products are dependent on the overall financial health of the iron ore and steel industries in the United States.

(4) The loss of a strong domestic iron ore and steel industry would make the United States dangerously dependent upon foreign sources of steel, such as China.

(b) Sense of Congress.—It is the sense of Congress that a strong domestic iron ore and steel industry is vital to the national security of the United States.

SEC. 901. Authority of Secretary of Defense to determine command and control relationships.

Section 113 of title 10, United States Code, is amended by inserting after subsection (k) the following:

“(l) Command and control authority.—The Secretary of Defense shall have the authority to determine command and control relationships within the military departments, Defense Agencies, and other organizations and elements of the Department of Defense, including the United States Fleet Forces Command and the United States Transportation Command, as necessary to fulfill the responsibilities of the Secretary under this title.”.

SEC. 902. Civilian personnel management.

Section 129 of title 10, United States Code, is amended—

(1) in subsection (a), by striking “Any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances.” and inserting “The cost of the civilian workforce as prescribed by Department of Defense Instruction 7041.04, issued in 2013 or any successor guidance, shall be compared to the costs of the military and contract workforces, consistent with the requirements of section 129a, 2461, and 2463 of this title.”; and

(2) in subsection (c)(2)—

(A) in each of subparagraphs (A) and (B), by inserting “and associated costs” after “projected size”; and

(B) in subparagraph (B), by striking “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce” and inserting “to reduce the overall costs of the total force of military, civilian, and contract workforces consistent with sections 129a, 2461, and 2463 of this title”.

SEC. 903. Performance of civilian functions by military personnel.

Section 129a(g)(1) of title 10, United States Code, is amended—

(1) in subparagraph (A), by striking “or required by a mission” and inserting “pursuant to Department of Defense Instruction 7041.04, issued on July 3, 2013, or any successor guidance, and when required by a mission within the military occupational specialty for which the military personnel have been trained”; and

(2) in subparagraph (B), by inserting “, and only if the functions to be performed by military personnel are consistent with the training requirements for the military occupational specialty for which such personnel have been trained” before the period at the end.

SEC. 904. Roles of Under Secretary of Defense for Policy and Under Secretary of Defense for Intelligence.

(a) Under Secretary of Defense for Policy.—Section 134(b) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(2) by inserting after paragraph (2) the following new paragraph (3):

“(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have the overall direction and supervision for—

“(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains; and

“(B) the integration of the activities of the Department of Defense into the National Security Strategy of the United States.”; and

(3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by inserting “policy making” before “activities”.

(b) Under Secretary of Defense for Intelligence.—Section 137(b) of title 10, United States Code, as amended by section 1621, is further amended—

(1) in paragraph (3), by striking “; and” and inserting a semicolon;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) have responsibility for supervising and directing, and overseeing Department of Defense activities, other than policy making activities, with respect to technology protection relating to export controls; and”.

SEC. 905. Designation of Navy commanders.

Section 5013 of title 10, United States Code, is amended by adding at the end the following new subsections:

“(h) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for ensuring that forces of the Navy are available for tasking and deployment, including forces that may be operating from a forward deployed location.

“(i) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for the oversight and management of the shipyards of the Navy, including shipyards outside the United States.”.

SEC. 911. Authorities and responsibilities of the Chief Management Officer of the Department of Defense.

(a) Authorities and responsibilities.—

(1) IN GENERAL.—Section 132a(b) of title 10, United States Code, is amended—

(A) by amending paragraph (3) to read as follows:

“(3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities with respect to the covered activities.”; and

(B) by adding at the end the following:

“(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency and effectiveness among all organizations and elements of the Department (other than the military departments) with respect to the covered activities.”.

(2) BUDGET AUTHORITY.—Section 132a of title 10, United States Code (as amended by paragraph (1)) is further amended—

(A) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; and

(B) by inserting after subsection (b) the following:

“(c) Budget Authority.—

“(1) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity to transmit the proposed budget for the covered activities of such Agency or Activity for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Chief Management Officer for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).

“(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.

“(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:

“(i) Each proposed budget for the covered activities of a Defense Agency or a Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).

“(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.

“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.

“(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.

“(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of a Defense Agency or a Department of Defense Field Activity may be obligated or expended unless—

“(A) the head of the Agency or Activity submits to the Chief Management Officer a plan for the obligation and expenditure of such funds; and

“(B) the Chief Management Officer approves the plan.

“(3) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.”.

(3) COVERED ACTIVITIES DEFINED.—Section 132a of title 10, United States Code (as amended by paragraphs (1) and (2)) is further amended by adding at the end the following:

“(f) Covered activities defined.—In this section, the term ‘covered activities’ means any activity relating to civilian resources management, logistics management, services contracting, or real estate management.”.

(b) Streamlining of certain functions across the Department of Defense.—

(1) STREAMLINING OF FUNCTIONS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), not later than January 1, 2021, and not less frequently than once every five years thereafter, the Secretary of Defense, acting through the Chief Management Officer of the Department Defense, shall reduce or eliminate duplicative functions across all organizations and elements of the Department of Defense with respect to the covered activities.

(B) EXCEPTION.—The military services shall not be included in any reductions or eliminations carried out under subparagraph (A) on or before January 1, 2021.

(2) CERTIFICATION AND REVIEW OF COST SAVINGS.—

(A) CERTIFICATION.—Not later January 1, 2021, the Chief Management Officer shall certify to the congressional defense committees that the reductions and eliminations carried out under paragraph (1) accomplished savings with respect to the total amount obligated and expended for the covered activities in fiscal year 2020 that were not less than 25 percent of the baseline amount.

(B) GAO REVIEW.—Not later than 30 days after the submission of the certification under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies whether the savings reported by the Chief Management Officer under such subparagraph are accurate.

(C) BASELINE AMOUNT.—For the purposes of this paragraph, the baseline amount is the total amount obligated and expended by organizations and elements of the Department of Defense other than the military services for fiscal year 2018 for the covered activities—

(i) increased by a credit for the amount of any reductions in the costs of such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note); and

(ii) decreased by the amount of any reductions in costs for such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with other sections of this subtitle.

(D) TREATMENT OF CERTAIN COST SAVINGS.—For the purposes of calculating the percentage cost savings accomplished by the Chief Management Officer under subparagraph (A), any reduction in costs documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note) shall be treated as a reduction accomplished by the Chief Management Officer under paragraph (1).

(3) PLAN AND REVIEW.—

(A) PLAN REQUIRED.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for complying with paragraphs (1) and (2).

(B) GAO REVIEW.—Not later than 30 days after the submission of the plan under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—

(i) whether the plan submitted under subparagraph (A) is feasible; and

(ii) whether any cost savings expected to result from the plan are accurate.

(4) SUBSEQUENT REPORTS AND REVIEWS.—

(A) CMO REPORTS.—Not later than January 1 of every fifth calendar year beginning with January 1, 2026, the Chief Management Officer shall submit to the congressional defense committees a report that describes the activities carried out by the Chief Management Officer under paragraph (1) during the preceding five years, including an estimate of any cost savings achieved as a result of such activities.

(B) GAO REVIEW.—Not later than 30 days after the submission of each report under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—

(i) whether the activities described in the report under subparagraph (A) were carried out; and

(ii) whether any cost savings estimated in the report are accurate.

(5) COVERED ACTIVITIES DEFINED.—In this subsection, the term “covered activities” has the meaning given that term in section 132a(f) of title 10, United States Code, as added by subsection (a) of this section.

SEC. 912. Authorities and responsibilities of the Inspector General of the Department of Defense.

(a) Additional responsibilities and authorities.—Section 141 of title 10, United States Code, is amended by adding at the end the following:

“(c) In addition to the duties, responsibilities, and powers referred to in subsection (b), the Inspector General of the Department shall serve as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.

“(d) (1) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require each Inspector General of an organization or element of the Department of Defense to transmit the proposed budget for the covered activities of the Office of such Inspector General for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Inspector General of the Department of Defense for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).

“(B) The Inspector General of the Department of Defense shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Inspector General with respect to all such proposed budgets, together with the certification of the Inspector General regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.

“(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:

“(i) Each proposed budget for the covered activities of an Inspector General of an organization or element of the Department of Defense that was transmitted to the Inspector General of the Department under subparagraph (A).

“(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Inspector General of the Department did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.

“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.

“(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.

“(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of an Inspector General of an organization or element of the Department of Defense may be obligated or expended unless—

“(A) the Inspector General of the organization or element submits to the Inspector General of the Department of Defense a plan for the obligation and expenditure of such funds; and

“(B) the Inspector General of the Department of Defense approves the plan.

“(e) In this section, the term ‘covered activities’ means any activity relating to public affairs, human resources, contracting, services contracting, or any other cross-enterprise activities of the Inspectors General of the organizations and elements of the Department of Defense, as determined by the Inspector General of the Department.”.

(b) Streamlining of functions.—Not later than January 1, 2021, the Secretary of Defense, acting through the Inspector General of the Department Defense, shall reduce or eliminate duplicative functions among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.

(c) Plan required.—Not later than March 1, 2020, the Inspector General of the Department of Defense shall submit to the congressional defense committees a plan for complying with subsection (b).

(d) Covered activities defined.—In this section, the term “covered activities” has the meaning given that term in section 141(e) of title 10, United States Code, as added by subsection (a) of this section.

SEC. 913. Transition of certain Defense Agencies and Department of Defense Field Activities.

(a) Defense Information Systems Agency.—

(1) TRANSFER OF FUNCTIONS.—Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall—

(A) transfer all information technology contracting and acquisition services of the Defense Information Systems Agency to other elements of the Department of Defense, which may include the transfer of such services to the military departments; and

(B) transfer all senior leader communications functions of the Agency to other elements of the Department of Defense.

(2) TRANSITION PLAN.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the transfers required under paragraph (1).

(b) Elimination of Washington Headquarters Services.—

(1) ELIMINATION REQUIRED.—Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall eliminate the Washington Headquarters Services.

(2) TRANSFER OR ELIMINATION.—

(A) TRANSFER.—The Chief Management Officer shall transfer to other elements of the Office of the Secretary of Defense only such functions of the Washington Headquarters Services as are necessary to carry out an essential function not otherwise carried out by such Office, as determined by the Chief Management Officer.

(B) ELIMINATION.—Any functions of the Washington Headquarters Services that are not transferred to another element of the Office of the Secretary of Defense under subparagraph (A) shall be eliminated.

(3) TRANSFER OR DISPOSITION OF ASSETS.—The Chief Management Officer shall dispose of, or transfer to other elements of the Office of the Secretary of Defense, any assets of the Washington Headquarters Services.

(4) TRANSITION PLAN.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the eliminations and transfers required under this subsection.

(c) Review of Defense Agencies and Department of Defense Field Activities.—

(1) REVIEW REQUIRED.—The Chief Management Officer of the Department of Defense shall review the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. As part of the review, the Chief Management Officer shall identify each function of an Agency or Activity that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense.

(2) REPORT.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a report that includes the results of the review conducted under paragraph (1).

(3) CMO VERIFICATION AND TRANSITION PLAN.—Together with the submission of the report under paragraph (2) and based on the results of the review conducted under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees—

(A) a list identifying each Defense Agency and Department of Defense Field Activity that the Chief Management Officer has determined—

(i) operates efficiently and effectively; and

(ii) does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense; and

(B) with respect to each Agency or Activity not included on the list under subparagraph (A), a plan for—

(i) eliminating the Agency or Activity; or

(ii) transferring some or all of the functions of the Agency or Activity to another organization or element of the Department of Defense.

(d) Clarification of authorities of the Secretary of Defense.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of Defense shall have the authority to establish or terminate any Defense Agency or Department of Defense Field Activity.

(2) EXCEPTIONS.—The authority of the Secretary of Defense to establish or terminate a Defense Agency or Department of Defense Field Activity under paragraph (1) does not apply to an Agency or Activity that is specifically established or terminated by an Act of Congress.

(3) REFERENCES.—Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to a Defense Agency or Department of Defense Field Activity terminated by the Secretary of Defense under paragraph (1), or to the head of such an Agency or Activity, shall be deemed to be a reference to the Secretary of Defense.

(4) NOTICE REQUIREMENT.—The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees—

(A) notice of the intent of the Secretary to terminate the Agency or Activity; and

(B) recommendations for legislative actions that may be required as a result of such termination.

SEC. 914. Actions to increase the efficiency and transparency of the Defense Logistics Agency.

(a) System and capability.—Not later than January 1, 2021, the Director of the Defense Logistics Agency and the Chief Management Officer of the Department of Defense shall jointly, in consultation with the customers served by the Agency, develop and implement—

(1) a comprehensive system that enables customers of the Agency to view—

(A) the inventory of items and materials available to customers from the Agency; and

(B) the delivery status of items and materials that are in transit to customers; and

(2) a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers.

(b) Actions to increase efficiency.—Not later than January 1, 2021, the Director of the Defense Logistics Agency and the Chief Management Officer shall jointly—

(1) reduce the rates charged to customers, in aggregate, by not less than 10 percent;

(2) eliminate the duplication of services within the Agency; and

(3) establish specific goals and metrics to ensure that the Agency is fulfilling its mission of providing items and materials to customers with sufficient speed and in sufficient quantities to ensure the lethality and readiness of warfighters.

(c) Plan required.—Not later than March 1, 2020, the Director of the Defense Logistics Agency and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).

SEC. 915. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency.

(a) Review required.—The Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall direct the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller) to conduct a joint review of the functions of the Defense Contract Audit Agency and the Defense Contract Management Agency. The review shall include—

(1) a validation of the missions and functions of each Agency;

(2) a determination of whether there are functions performed by either Agency that could more appropriately be performed by—

(A) the other Agency;

(B) any other organization or element of the Department of Defense, including the military departments; or

(C) commercial providers; and

(3) a validation of the continued need for two separate Agencies with oversight for defense contracting.

(b) Report required.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the review conducted under subsection (a).

SEC. 916. Streamlining of Defense Finance and Accounting Services.

(a) In general.—Not later than January 1, 2021, the Chief Management Officer and the Under Secretary of Defense (Comptroller) shall jointly carry out activities to streamline, reduce duplication, and make more effective the operations of the Defense Finance and Accounting Services.

(b) Plan required.—Not later than March 1, 2020, the Chief Management Officer and the Under Secretary of Defense (Comptroller) shall jointly submit to the congressional defense committees a plan for carrying out the activities required under subsection (a).

(c) Rule of construction.—Nothing in this section shall be construed to encourage or require the termination of any personnel or positions within the Defense Finance and Accounting Services.

SEC. 917. Reduction in number of Chief Information Officers in the Senior Executive Service.

With respect to the total number of Chief Information Officer positions within the Department of Defense, during calendar year 2021 and each year thereafter not more than five of such positions may be Senior Executive Service positions (as that term is described in section 3132(a)(2) of title 5, United States Code).

SEC. 918. General provisions.

(a) Consolidated report.—The plans and reports required to be submitted to the congressional defense committees under this subtitle on or before March 1, 2020, may be combined and submitted in the form of a single, consolidated document.

(b) Definitions.—In this subtitle: