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1 H. R. 5515 One Hundred Fifteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen An Act To authorize appropriations for fiscal year 2019 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment 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. N (a) I ENERAL .—This Act may be cited as the ‘‘John S. McCain G National Defense Authorization Act for Fiscal Year 2019’’. EFERENCES .—Any reference in this or any other Act to (b) R the ‘‘National Defense Authorization Act for Fiscal Year 2019’’ shall be deemed to be a reference to the ‘‘John S. McCain National Defense Authorization Act for Fiscal Year 2019’’. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) D IVISIONS .—This Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. ABLE OF C ONTENTS .—The table of contents for this Act (b) T is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization Of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. National Guard and reserve component equipment report. Sec. 112. Deployment by the Army of an interim cruise missile defense capability. Subtitle C—Navy Programs Sec. 121. Procurement authority for Ford class aircraft carrier program. Sec. 122. Full ship shock trial for Ford class aircraft carrier. Sec. 123. Sense of Congress on accelerated production of aircraft carriers. Sec. 124. Multiyear procurement authority for standard missile–6. Sec. 125. Multiyear procurement authority for E–2D aircraft. Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G air- craft.

2 H. R. 5515—2 Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes. Sec. 128. Frigate class ship program. Sec. 129. Contract requirement for Virginia class submarine program. Sec. 130. Prohibition on availability of funds for Navy port waterborne security bar- riers. Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels. Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle pro- gram. Sec. 133. Report on degaussing standards for DDG–51 destroyers. Subtitle D—Air Force Programs Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on re- tirement of KC–10A aircraft. Sec. 142. Multiyear procurement authority for C–130J aircraft program. Sec. 143. Contract for logistics support for VC–25B aircraft. Sec. 144. Retirement date for VC–25A aircraft. Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program. Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of cer- tification. Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft. Sec. 148. Report on modernization of B–52H aircraft systems. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Procurement authority for additional icebreaker vessels. Sec. 152. Buy-to-budget acquisition of F–35 aircraft. Sec. 153. Certification on inclusion of technology to minimize physiological episodes in certain aircraft. Sec. 154. Armored commercial passenger-carrying vehicles. Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. 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 on availability of funds for F–35 continuous capability develop- ment and delivery. Sec. 215. Limitation on availability of funds pending report on agile software devel- opment and software operations. Sec. 216. Limitation on availability of funds for certain high energy laser advanced technology. Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense. Sec. 218. National Defense Science and Technology Strategy. Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle. Sec. 220. Establishment of innovators information repository in the Department of Defense. Sec. 221. Strategic plan for Department of Defense test and evaluation resources. Sec. 222. Collaboration between Defense laboratories, industry, and academia; open campus program. Sec. 223. Permanent extension and codification of authority to conduct technology protection features activities during research and development of de- fense systems. Sec. 224. Codification and reauthorization of Defense Research and Development Rapid Innovation Program. Sec. 225. Procedures for rapid reaction to emerging technology. Sec. 226. Activities on identification and development of enhanced personal protec- tive equipment against blast injury. Sec. 227. Human factors modeling and simulation activities. Sec. 228. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions. Sec. 229. Advanced manufacturing activities. Sec. 230. National security innovation activities. Sec. 231. Partnership intermediaries for promotion of defense research and edu- cation.

3 H. R. 5515—3 Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System. Sec. 233. Expansion of coordination requirement for support for national security innovation and entrepreneurial education. Sec. 234. Defense quantum information science and technology research and devel- opment program. Sec. 235. Joint directed energy test activities. Sec. 236. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support De- partment of Defense missions. Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities. Sec. 238. Joint artificial intelligence research, development, and transition activi- ties. Subtitle C—Reports and Other Matters Sec. 241. Report on survivability of air defense artillery. Sec. 242. T–45 aircraft physiological episode mitigation actions. Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affect- ing aircraft crewmembers. Sec. 244. Report on Defense Innovation Unit Experimental. Sec. 245. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program. Sec. 246. Report on OA–X light attack aircraft applicability to partner nation sup- port. Sec. 247. Reports on comparative capabilities of adversaries in key technology areas. Sec. 248. Report on active protection systems for armored combat and tactical vehi- cles. Sec. 249. Next Generation Combat Vehicle. Sec. 250. Modification of reports on mechanisms to provide funds to defense labora- tories for research and development of technologies for military mis- sions. Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift pro- grams. Sec. 252. Improvement of the Air Force supply chain. Sec. 253. Review of guidance on blast exposure during training. Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle trans- mission replacement. Sec. 255. Independent assessment of electronic warfare plans and programs. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Explosive Ordnance Disposal Defense Program. Sec. 312. Further improvements to energy security and resilience. Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are lo- cated. Sec. 314. Operational energy policy. Sec. 315. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by agency for toxic substances and disease registry. Sec. 316. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense. Sec. 317. Department of Defense environmental restoration programs. 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. 320. Production and use of natural gas at Fort Knox, Kentucky. Subtitle C—Logistics and Sustainment Sec. 321. Authorizing use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of de- fense industrial base facilities. Sec. 322. Examination of Navy vessels. 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.

4 H. R. 5515—4 Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Re- pair Center. Sec. 327. Report on pilot program for micro-reactors. Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization structure and mechanism. Subtitle D—Reports Sec. 331. Reports on readiness. Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readi- ness. Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to con- duct full spectrum operations. Sec. 334. Surface warfare training improvement. Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifi- cations. Sec. 336. Report on depot-level maintenance and repair. Sec. 337. Report on wildfire suppression capabilities of active and reserve compo- nents. Sec. 338. Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers and Virginia-class and Columbia-class sub- marines. Sec. 339. Report on Specialized Undergraduate Pilot Training production, resourcing, and locations. Sec. 340. Report on Air Force airfield operational requirements. Sec. 341. Report on Navy surface ship repair contract costs. Subtitle E—Other Matters Sec. 351. Coast Guard representation on explosive safety board. Sec. 352. Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States. Sec. 353. Scope of authority for restoration of land due to mishap. Sec. 354. Repurposing and reuse of surplus Army firearms. Sec. 355. Study on phasing out open burn pits. Sec. 356. Notification requirements relating to changes to uniform of members of the uniformed services. Sec. 357. Reporting on future years budgeting by subactivity group. Sec. 358. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems. Sec. 359. Prioritization of environmental impacts for facilities sustainment, restora- tion, and modernization demolition. Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan. Sec. 361. U.S. Special Operations Command Civilian Personnel. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer. Sec. 502. Enhancement of availability of constructive service credit for private sec- tor training or experience upon original appointment as a commissioned officer. Sec. 503. Standardized temporary promotion authority across the military depart- ments for officers in certain grades with critical skills.

5 H. R. 5515—5 Sec. 504. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list. Sec. 505. Authority for officers to opt out of promotion board consideration. Sec. 506. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks. Sec. 507. Alternative promotion authority for officers in designated competitive cat- egories of officers. Sec. 508. Attending Physician to the Congress. Sec. 509. Matters relating to satisfactory service in grade for purposes of retire- ment grade of officers in highest grade of satisfactory service. Sec. 510. Grades of Chiefs of Chaplains. Sec. 511. Repeal of original appointment qualification requirement for warrant offi- cers in the regular Army. Sec. 512. Reduction in number of years of active naval service required for perma- nent appointment as a limited duty officer. Sec. 513. Authority to designate certain reserve officers as not to be considered for selection for promotion. Sec. 514. GAO review of surface warfare career paths. Subtitle B—Reserve Component Management Sec. 515. Authorized strength and distribution in grade. Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Com- mittee by members on active duty. Sec. 517. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau. Sec. 518. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion. Sec. 519. National Guard Youth Challenge Program. Sec. 520. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruit- ers. Subtitle C—General Service Authorities and Correction of Military Records 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. Assessment of Navy standard workweek and related adjustments. Sec. 525. Notification on manning of afloat naval forces. Sec. 526. Navy watchstander records. Sec. 527. Qualification experience requirements for certain Navy watchstations. Subtitle D—Military Justice Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggra- vated assault for purposes of the Uniform Code of Military Justice. Sec. 532. Punitive article on domestic violence under the Uniform Code of Military Justice. Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel to victims of domestic violence. Sec. 535. Uniform command action form on disposition of unrestricted sexual as- sault cases involving members of the Armed Forces. Sec. 536. Standardization of policies related to expedited transfer in cases of sexual assault or domestic violence. Subtitle E—Other Legal Matters Sec. 541. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review. Sec. 542. Security clearance reinvestigation of certain personnel who commit cer- tain offenses. Sec. 543. Development of oversight plan for implementation of Department of De- fense harassment prevention and response policy. Sec. 544. Oversight of registered sex offender management program. Sec. 545. Development of resource guides regarding sexual assault for the military service academies. Sec. 546. Improved crime reporting. Sec. 547. Report on victims of sexual assault in reports of military criminal inves- tigative organizations. Subtitle F—Member Education, Training, Resilience, and Transition Sec. 551. Permanent career intermission program.

6 H. R. 5515—6 Sec. 552. Improvements to Transition Assistance Program. Sec. 553. Repeal of program on encouragement of postseparation public and com- munity service. Sec. 554. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve. Sec. 555. Employment and compensation of civilian faculty members at the Joint Special Operations University. Sec. 556. Program to assist members of the Armed Forces in obtaining professional credentials. Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’ Training Corps programs. Sec. 558. Expansion of period of availability of Military OneSource program for re- tired and discharged members of the Armed Forces and their immediate families. Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses. Subtitle G—Defense Dependents’ Education Sec. 561. Assistance to schools with military dependent students. Sec. 562. Department of Defense Education Activity policies and procedures on sex- ual harassment of students of Activity schools. Sec. 563. Department of Defense Education Activity misconduct database. Sec. 564. Assessment and report on active shooter threat mitigation at schools lo- cated on military installations. Subtitle H—Military Family Readiness Matters Sec. 571. Department of Defense Military Family Readiness Council matters. Sec. 572. Enhancement and clarification of family support services for family mem- bers of members of special operations forces. Sec. 573. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 574. Improvement of My Career Advancement Account program for military spouses. Sec. 575. Assessment and report on the effects of permanent changes of station on employment among military spouses. Sec. 576. Provisional or interim clearances to provide childcare services at military childcare centers. Sec. 577. Multidisciplinary teams for military installations on child abuse and other domestic violence. Sec. 578. Pilot program for military families: prevention of child abuse and training on safe childcare practices. Sec. 579. Assessment and report on small business activities of military spouses on military installations in the United States. Subtitle I—Decorations and Awards Sec. 581. Atomic veterans service certificate. Sec. 582. Award of medals or other commendations to handlers of military working dogs. Sec. 583. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom. Subtitle J—Miscellaneous Reports and Other Matters Sec. 591. Annual defense manpower requirements report matters. Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas. Sec. 593. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies. Sec. 594. National Commission on Military, National, and Public Service matters. Sec. 595. Public availability of top-line numbers of deployed members of the Armed Forces. Sec. 596. Report on general and flag officer costs. Sec. 597. Study on active service obligations for medical training with other service obligations for education or training and health professional recruiting. Sec. 598. Criteria for interment at Arlington National Cemetery. Sec. 599. Limitation on use of funds pending submittal of report on Army Mar- keting and Advertising Program. Sec. 600. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

7 H. R. 5515—7 TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Repeal of authority for payment of personal money allowances to Navy of- ficers serving in certain positions. Sec. 602. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations. Sec. 603. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel. Sec. 604. Extension of parking expenses allowance to civilian employees at recruit- ing facilities. Sec. 605. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard. Sec. 606. Military Housing Privatization Initiative. Subtitle B—Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 612. Report on imminent danger pay and hostile fire pay. Subtitle C—Other Matters Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers. Sec. 622. Technical corrections in calculation and publication of special survivor in- demnity allowance cost of living adjustments. Sec. 623. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of mili- tary service. Sec. 624. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total. Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation. Sec. 626. Access to military installations for certain surviving spouses and other next of kin of members of the Armed Forces who die while on active duty or certain reserve duty. Sec. 627. Study and report on development of a single defense resale system. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces. Sec. 702. Pilot program on treatment of members of the Armed Forces for post- traumatic stress disorder related to military sexual trauma. Subtitle B—Health Care Administration Sec. 711. Improvement of administration of the Defense Health Agency and mili- tary medical treatment facilities. Sec. 712. Organizational framework of the military healthcare system to support the medical requirements of the combatant commands. Sec. 713. Administration of TRICARE dental plans through the Federal Employees Dental and Vision Insurance Program. Sec. 714. Streamlining of TRICARE Prime beneficiary referral process. Sec. 715. Sharing of information with State prescription drug monitoring programs. Sec. 716. Pilot program on opioid management in the military health system. Sec. 717. Wounded warrior policy review. Sec. 718. Medical simulation technology and live tissue training within the Depart- ment of Defense. Sec. 719. Improvements to trauma center partnerships. Sec. 720. Improvement to notification to Congress of hospitalization of combat- wounded members of the Armed Forces. Subtitle C—Reports and Other Matters Sec. 731. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 732. Joint forces medical capabilities development and standardization. Sec. 733. Inclusion of gambling disorder in health assessments of members of the Armed Forces and related research efforts. Sec. 734. Report on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

8 H. R. 5515—8 Sec. 735. Pilot program on earning by special operations forces medics of credit to- ward a physician assistant degree. Sec. 736. Strategic medical research plan. Sec. 737. Comptroller General of the United States review of Defense Health Agen- cy oversight of transition between managed care support contractors for the TRICARE program. Sec. 738. Comptroller General study on availability of long-term care options for veterans from Department of Veterans Affairs. Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foun- dation for the Advancement of Military Medicine. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Sec. 800. Effective dates; coordination of amendments. Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations P I—C ONSOLIDATION OF D EFENSE A CQUISITION S TATUTES IN N EW P ART V OF ART UBTITLE S OF T ITLE 10, U NITED S TATES C ODE A Sec. 801. Framework for new part V of subtitle A. S II—R EDESIGNATION OF S ECTIONS AND C HAPTERS OF P UBTITLES B, C, AND D TO ART P ROVIDE R OOM FOR N EW P ART V OF S UBTITLE 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. P III—R EPEALS OF C ERTAIN P ROVISIONS OF D ART A CQUISITION L AW EFENSE 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. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 816. Modification of limitations on single source task or delivery order con- tracts. Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract authority. Sec. 818. Revision of requirement to submit information on services contracts to Congress. Sec. 819. Data collection and inventory for services contracts. Sec. 820. Report on clarification of services contracting definitions. Sec. 821. Increase in micro-purchase threshold applicable to Department of De- fense. Sec. 822. Department of Defense contracting dispute matters. Sec. 823. Inclusion of best available information regarding past performance of sub- contractors and joint venture partners. Sec. 824. Subcontracting price and approved purchasing systems. Sec. 825. Modification of criteria for waivers of requirement for certified cost and price data. Subtitle C—Provisions Relating to Major Defense Acquisition Programs Sec. 831. Revisions in authority relating to program cost targets and fielding tar- gets for major defense acquisition programs. Sec. 832. Implementation of recommendations of the Independent Study on Consid- eration of Sustainment in Weapons Systems Life Cycle. Sec. 833. Comptroller General assessment of acquisition programs and related ini- tiatives. Subtitle D—Provisions Relating to Commercial Items Sec. 836. Revision of definition of commercial item for purposes of Federal acquisi- tion statutes. Sec. 837. Limitation on applicability to Department of Defense commercial con- tracts of certain provisions of law.

9 H. R. 5515—9 Sec. 838. Modifications to procurement through commercial e-commerce portals. Sec. 839. Review of Federal acquisition regulations on commercial products, com- mercial services, and commercially available off-the-shelf items. Subtitle E—Industrial Base Matters Sec. 841. Report on limited sourcing of specific components for Naval vessels. Sec. 842. Removal of national interest determination requirements for certain enti- ties. Sec. 843. Pilot program to test machine-vision technologies to determine the au- thenticity and security of microelectronic parts in weapon systems. Sec. 844. Limitation on certain procurements application process. Sec. 845. Report on defense electronics industrial base. Sec. 846. Support for defense manufacturing communities to support the defense industrial base. Sec. 847. Limitation on procurement of certain items for T–AO–205 program. Subtitle F—Small Business Matters 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. Comptroller General study of impact of broadband speed and price on small businesses. Sec. 857. Consolidated budget display for the Department of Defense Small Busi- ness Innovation Research Program and Small Business Technology Transfer Program. Sec. 858. Funding for procurement technical assistance program. Sec. 859. Authorization for payment of certain costs relating to procurement tech- nical assistance centers. Sec. 860. Commercialization Assistance Pilot Program. Sec. 861. Puerto Rico businesses. Sec. 862. Opportunities for employee-owned business concerns through Small Busi- ness Administration loan programs. Subtitle G—Provisions Related to Software and Technical Data Matters Sec. 865. Validation of proprietary and technical data. Sec. 866. Continuation of technical data rights during challenges. Sec. 867. Requirement for negotiation of technical data price before sustainment of major weapon systems. Sec. 868. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems. Sec. 869. Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authoriza- tion Act for Fiscal Year 2018. Sec. 870. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems. Subtitle H—Other Matters Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign nations. Sec. 872. Extension of prohibition on providing funds to the enemy. Sec. 873. Data, policy, and reporting on the use of other transactions. Sec. 874. Standardization of formatting and public accessibility of Department of Defense reports to Congress. Sec. 875. Promotion of the use of Government-wide and other interagency con- tracts. Sec. 876. Increasing competition at the task order level. Sec. 877. Individual acquisition for commercial leasing services. Sec. 878. Procurement administrative lead time definition and plan. Sec. 879. Briefing on funding of product support strategies. Sec. 880. Use of lowest price technically acceptable source selection process. Sec. 881. Permanent Supply Chain Risk Management Authority. Sec. 882. Review of market research. Sec. 883. Establishment of integrated review team on defense acquisition industry- government exchange. Sec. 884. Exchange program for acquisition workforce employees. Sec. 885. Process to limit foreign access to technology.

10 H. R. 5515—10 Sec. 886. Procurement of telecommunications supplies for experimental purposes. Sec. 887. Access by developmental and operational testing activities to data regard- ing modeling and simulation activity. Sec. 888. Instruction on pilot program regarding employment of persons with dis- abilities. Sec. 889. Prohibition on certain telecommunications and video surveillance services or equipment. Sec. 890. Pilot program to accelerate contracting and pricing processes. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics. Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Pol- icy. Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense. Sec. 904. Technical corrections to Department of Defense Test Resource Manage- ment Center authority. Sec. 905. Specification of certain duties of the Defense Technical Information Cen- ter. Subtitle B—Organization and Management of Other Department of Defense Offices and Elements Sec. 911. Comprehensive review of operational and administrative chains-of-com- mand and functions of the Department of the Navy. Sec. 912. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development. Sec. 913. Clarification of certain risk assessment requirements of the Chairman of the Joint Chiefs of Staff in connection with the National Military Strat- egy. Sec. 914. Assistant Secretary of Defense for Special Operations and Low Intensity Conflict review of United States Special Operations Command. Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Re- search, Development, and Acquisition. Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a military department. Sec. 917. Deadline for completion of full implementation of requirements in connec- tion with organization of the Department of Defense for management of special operations forces and special operations. Sec. 918. Cross-functional teams in the Department of Defense. Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological De- fense Division of the Navy. Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction Sec. 921. Authorities and responsibilities of the Chief Management Officer of the Department of Defense. Sec. 922. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies. Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field Activities by the Chief Management Officer of the Department of De- fense. Sec. 924. Actions to increase the efficiency and transparency of the Defense Logis- tics Agency. Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Con- tract Management Agency. Sec. 926. Review and improvement of the operations of the Defense Finance and Accounting Service. Sec. 927. Assessment of chief information officer functions in connection with tran- sition to enterprise-wide management of information technology and computing. Sec. 928. Comptroller General of the United States report on cross-enterprise ac- tivities of the Inspectors General of the Department of Defense. Sec. 929. General provisions. Subtitle D—Other Department of Defense Organization and Management Matters Sec. 931. Limitation on availability of funds for major headquarters activities of the Department of Defense. Sec. 932. John S. McCain Strategic Defense Fellows Program. Sec. 933. Performance of civilian functions by military personnel.

11 H. R. 5515—11 Sec. 934. Report on implementation of requirements on estimation and comparison of costs of civilian and military manpower and contract support for the Department of Defense. Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Cur- rency Fluctuations, Defense appropriation. Sec. 936. Responsibility for policy on civilian casualty matters. Sec. 937. Additional matters in connection with background and security investiga- tions for Department of Defense personnel. Sec. 938. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security. Subtitle E—Other Matters Sec. 941. Trusted information provider program for national security positions and positions of trust. Sec. 942. Report on expedited processing of security clearances for mission-critical positions. Sec. 943. Report on clearance in person concept. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters 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. Audit of financial systems of the Department of Defense. Sec. 1005. Report on auditable financial statements. Sec. 1006. Transparency of accounting firms used to support Department of De- fense audit. Subtitle B—Naval Vessels and Shipyards Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel con- struction plans. Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund. Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National De- fense Sealift Fund. Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Reg- ister and other fleet inventory measures. Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels. Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers. Sec. 1017. Limitation on use of funds for retirement of hospital ships. Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual budget justification materials. Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options. Sec. 1020. Transfer of excess naval vessel to Bahrain. Subtitle C—Counterterrorism Sec. 1031. Definition of sensitive military operation. Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1033. 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. 1034. 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. 1035. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle D—Miscellaneous Authorities and Limitations Sec. 1041. Strategic guidance documents within the Department of Defense. Sec. 1042. Notification on the provision of defense sensitive support. Sec. 1043. Coordinating United States response to malign foreign influence oper- ations and campaigns. Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agree- ment. Sec. 1045. Workforce issues for military realignments in the Pacific. Sec. 1046. Mitigation of operational risks posed to certain military aircraft by auto- matic dependent surveillance-broadcast equipment.

12 H. R. 5515—12 Sec. 1047. Limitation on availability of funds for unmanned surface vehicles. Sec. 1048. Pilot program for Department of Defense controlled unclassified informa- tion in the hands of industry. Sec. 1049. Critical technologies list. Sec. 1050. Airborne Hazards and Open Burn Pit Registry. Sec. 1051. National Security Commission on Artificial Intelligence. Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1053. Guidance on the electronic warfare mission area and joint electro- magnetic spectrum operations. Subtitle E—Studies and Reports Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers. Sec. 1062. Improvement of annual report on civilian casualties in connection with United States military operations. Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat Teams. Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Ini- tiative. Sec. 1065. Limitation on use of funds for United States Special Operations Com- mand Global Messaging and Counter-Messaging platform. Sec. 1066. Comprehensive review of professionalism and ethics programs for special operations forces. Sec. 1067. Munitions assessments and future-years defense program requirements. Sec. 1068. Report on establishment of Army Futures Command. Sec. 1069. Report on cyber-enabled information operations. Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery. Sec. 1071. Report on an updated Arctic strategy. Sec. 1072. Report on use and availability of military installations for disaster re- sponse. Sec. 1073. Report on Department of Defense participation in Export Administration Regulations license application review process. Sec. 1074. Military aviation readiness review in support of the National Defense Strategy. Sec. 1075. Report on highest-priority roles and missions of the Department of De- fense and the Armed Forces. Subtitle F—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction. Sec. 1083. Modification of authority to transfer aircraft to other departments for wildfire suppression purposes. Sec. 1084. Improvement of database on emergency response capabilities. Sec. 1085. Disclosure requirements for United States-based foreign media outlets. Sec. 1086. United States policy with respect to freedom of navigation and over- flight. Sec. 1087. National Commission on Military Aviation Safety. Sec. 1088. Sense of Congress regarding the international borders of the United States. Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior committed on military installations. Sec. 1090. Recognition of America’s veterans. Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Con- fucius Institute. Sec. 1092. Department of Defense engagement with certain nonprofit entities in support of missions of deployed United States personnel around the world. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Direct hire authority for the Department of Defense for certain competi- tive 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 em- ployees 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 limita- tion on premium pay and aggregate limitation on pay for Federal civil- ian employees working overseas. Sec. 1105. Extension of authority to conduct telework travel expenses test pro- grams.

13 H. R. 5515—13 Sec. 1106. Personnel demonstration projects. Sec. 1107. Expanded flexibility in selecting candidates from referral lists. Sec. 1108. Expedited hiring authority for college graduates and post secondary stu- dents. Sec. 1109. Inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management for initial appoint- ments to Senior Executive Service positions in Department of Defense. Sec. 1110. Engagement with Historically Black Colleges and Universities and mi- nority-serving institutions for the purposes of technical workforce en- hancement. Sec. 1111. Inclusion of Strategic Capabilities Office and Defense Innovation Unit Experimental of the Department of Defense in personnel management authority to attract experts in science and engineering. Sec. 1112. Enhancement of flexible management authorities for science and tech- nology reinvention laboratories of the Department of Defense. Sec. 1113. Inclusion of Office of Secretary of Defense among components of the De- partment of Defense covered by direct hire authority for financial man- agement experts. Sec. 1114. Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels. Sec. 1115. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Modification of authority to build the capacity of foreign security forces. Sec. 1202. Clarification of authority for use of advisors and trainers for training of personnel of foreign ministries with security missions under defense in- stitution capacity building authorities. Sec. 1203. Increase in cost limitation and additional notification required for small scale construction related to security cooperation. Sec. 1204. Technical corrections relating to defense security cooperation statutory reorganization. Sec. 1205. Review and report on processes and procedures used to carry out section 362 of title 10, United States Code. Sec. 1206. Report on the use of security cooperation authorities. Sec. 1207. Participation in and support of the Inter-American Defense College. Sec. 1208. Naval Small Craft Instruction and Technical Training School. Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship Pro- gram to include irregular warfare. Sec. 1210. Modification to Department of Defense State Partnership Program. Sec. 1211. Assessment, monitoring, and evaluation of security cooperation. Sec. 1212. Legal and policy review of advise, assist, and accompany missions. Sec. 1213. Extension and modification of authority to support border security oper- ations of certain foreign countries. Sec. 1214. Framework for obtaining concurrence for participation in activities of re- gional centers for security studies. Subtitle B—Matters Relating to Afghanistan and Pakistan Sec. 1221. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Sec. 1222. Extension and modification of reporting requirements for special immi- grant visas for Afghan allies program. Sec. 1223. Afghanistan Security Forces Fund. Sec. 1224. Extension and modification of Commanders’ Emergency Response Pro- gram. Sec. 1225. Extension and modification of authority for reimbursement of certain co- alition nations for support provided to United States military oper- ations. Subtitle C—Matters Relating to Syria, Iraq, and Iran Sec. 1231. Extension and modification of authority to provide assistance to the vet- ted Syrian opposition. Sec. 1232. Syrian war crimes accountability. Sec. 1233. Extension of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1234. Limitation on assistance to the Government of Iraq. Sec. 1235. Extension and modification of authority to support operations and activi- ties of the Office of Security Cooperation in Iraq. Sec. 1236. Modification of annual report on military power of Iran.

14 H. R. 5515—14 Sec. 1237. Strategy to counter destabilizing activities of Iran. Subtitle D—Matters Relating to the Russian Federation Sec. 1241. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1242. Limitation on availability of funds relating to implementation of the Open Skies Treaty. Sec. 1243. Determination required regarding material breach of INF Treaty by the Russian Federation. Sec. 1244. Comprehensive response to the Russian Federation’s material breach of the INF Treaty. Sec. 1245. Report on implementation of the New START Treaty. Sec. 1246. Modification and extension of Ukraine Security Assistance Initiative. Sec. 1247. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1248. Sense of Congress on enhancing deterrence against Russian aggression in Europe. Subtitle E—Matters Relating to the Indo-Pacific Region Sec. 1251. Name of United States Indo-Pacific Command. Sec. 1252. Redesignation, expansion, and extension of Southeast Asia Maritime Se- curity Initiative. Sec. 1253. Redesignation and modification of sense of Congress and initiative for the Indo-Asia-Pacific region. Sec. 1254. Assessment of and report on geopolitical conditions in the Indo-Pacific region. Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-Pacific re- gion. Sec. 1256. Reinstatement of reporting requirements with respect to United States- Hong Kong relations. Sec. 1257. Strengthening Taiwan’s force readiness. Sec. 1258. Sense of Congress on Taiwan. Sec. 1259. Prohibition on participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) naval exercises. Sec. 1260. Modification of annual report on military and security developments in- volving the People’s Republic of China. Sec. 1261. United States strategy on China. Sec. 1262. Report on military and coercive activities of the People’s Republic of China in South China Sea. Sec. 1263. Requirement for critical languages and expertise in Chinese, Korean, Russian, Farsi, and Arabic. Sec. 1264. 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. 1265. Reports on nuclear capabilities of the Democratic People’s Republic of Korea. Sec. 1266. Modification of report required under enhancing defense and security co- operation with India. Subtitle F—Reports and Other Matters Sec. 1271. Modification of authorities relating to acquisition and cross-servicing agreements. Sec. 1272. United States-Israel countering unmanned aerial systems cooperation. Sec. 1273. Enhancement of U.S.-Israel defense cooperation. Sec. 1274. Review to determine whether the Armed Forces or coalition partners of the United States violated Federal law or Department of Defense policy while conducting operations in Yemen. Sec. 1275. Report on United States Government security cooperation and assist- ance programs with Mexico. Sec. 1276. Report on Department of Defense missions, operations, and activities in Niger. Sec. 1277. Report on the security relationship between the United States and the Republic of Cyprus. Sec. 1278. Sense of Congress on detention of United States citizens by the Govern- ment of the Republic of Turkey. Sec. 1279. Technical amendments related to NATO Support and Procurement Or- ganization and related NATO agreements. Sec. 1280. Report on permanent stationing of United States forces in the Republic of Poland. Sec. 1281. Report on strengthening NATO cyber defense. Sec. 1282. Report on status of the United States relationship with the Republic of Turkey.

15 H. R. 5515—15 Sec. 1283. Sense of the Congress concerning military-to-military dialogues. Sec. 1284. Modifications to Global Engagement Center. Sec. 1285. Sense of Congress on countering hybrid threats and malign influence. Sec. 1286. Initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1287. Report on Honduras, Guatemala, and El Salvador. Sec. 1288. Modification of freedom of navigation reporting requirements. Sec. 1289. Coordination of efforts to negotiate free trade agreements with certain sub-Saharan African countries. Sec. 1290. Certifications regarding actions by Saudi Arabia and the United Arab Emirates in Yemen. Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army under Immigration and Nationality Act. Sec. 1292. Limitation on availability of funds to implement the Arms Trade Treaty. Sec. 1293. Prohibition on provision of weapons and other forms of support to cer- tain organizations. Sec. 1294. Modified waiver authority for certain sanctionable transactions under section 231 of the Countering America’s Adversaries Through Sanctions Act. Sec. 1295. Rule of construction relating to the use of force. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations. Sec. 1302. Specification of cooperative threat reduction funds. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense inspector general. Sec. 1405. Defense health program. Subtitle B—Armed Forces Retirement Home Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement Home. Sec. 1413. Oversight of health care provided to residents of the Armed Forces Re- tirement Home. Sec. 1414. Modification of authority on acceptance of gifts for the Armed Forces Re- tirement Home. Sec. 1415. Relief for residents of the Armed Forces Retirement Home impacted by increase in fees. Sec. 1416. Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home. Subtitle C—Other Matters Sec. 1421. Authority for transfer of funds to joint Department of Defense-Depart- ment of Veterans Affairs medical facility demonstration fund for Cap- tain James A. Lovell Health Care Center, Illinois. Sec. 1422. Economical and efficient operation of working capital fund activities. Sec. 1423. Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act. Sec. 1424. Quarterly briefing on progress of chemical demilitarization program. TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Authorization of Appropriations Sec. 1501. Purpose. 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. Subtitle B—Financial Matters Sec. 1511. Treatment as additional authorizations.

16 H. R. 5515—16 Sec. 1512. Special transfer authority. Sec. 1513. Overseas contingency operations. Subtitle C—Other Matters Sec. 1521. Joint Improvised-Threat Defeat Organization. Sec. 1522. Enduring costs funded through overseas contingency operations. Sec. 1523. Comptroller General report on use of funds provided by overseas contin- gency operations. TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Subtitle A—Space Activities Sec. 1601. Improvements to acquisition system, personnel, and organization of space forces. Sec. 1602. Modifications to Space Rapid Capabilities Office. Sec. 1603. Rapid, responsive, and reliable space launch. Sec. 1604. Provision of space situational awareness services and information. Sec. 1605. Budget assessments for national security space programs. Sec. 1606. Improvements to commercial space launch operations. Sec. 1607. Space warfighting policy, review of space capabilities, and plan on space warfighting readiness. Sec. 1608. Use of small- and medium-size buses for strategic and tactical satellite payloads. Sec. 1609. Enhancement of positioning, navigation, and timing capacity. Sec. 1610. Designation of component of Department of Defense responsible for co- ordination of modernization efforts relating to military-code capable GPS receiver cards. Sec. 1611. Designation of component of Department of Defense responsible for co- ordination of hosted payload information. Sec. 1612. Limitation on availability of funds for Joint Space Operations Center mission system. Sec. 1613. Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems. Sec. 1614. Report on protected satellite communications. Sec. 1615. Report on enhancements to the Global Positioning System Operational Control Segment. Sec. 1616. Report on persistent weather imagery for United States Central Com- mand. Sec. 1617. Study on space-based radio frequency mapping. Sec. 1618. Independent study on space launch locations. Sec. 1619. Briefing on commercial satellite servicing capabilities. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Role of Under Secretary of Defense for Intelligence. Sec. 1622. Security vetting for foreign 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 re- connaissance requirements of the combatant commands. Sec. 1626. Framework on governance, mission management, resourcing, and effec- tive oversight of combat support agencies that are also elements of the intelligence community. Subtitle C—Cyberspace-Related Matters Sec. 1631. Reorganization and consolidation of certain cyber provisions. Sec. 1632. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace. Sec. 1633. Department of Defense Cyber Scholarship Program scholarships and grants. Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities of Depart- ment of Defense critical infrastructure. Sec. 1635. Modification of acquisition authority of the Commander of the United States Cyber Command. Sec. 1636. Policy of the United States on cyberspace, cybersecurity, cyber warfare, and cyber deterrence. Sec. 1637. Budget display for cyber vulnerability evaluations and mitigation activi- ties for major weapon systems of the Department of Defense. Sec. 1638. Determination of responsibility for the Department of Defense Informa- tion Networks. Sec. 1639. Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information and controlled unclassified in- formation.

17 H. R. 5515—17 Sec. 1640. Program to establish cyber institutes at institutions of higher learning. Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program. Sec. 1642. Active defense against the Russian Federation, People’s Republic of China, Democratic People’s Republic of Korea, and Islamic Republic of Iran attacks in cyberspace. Sec. 1643. Designation of official for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense. Sec. 1644. Assistance for small manufacturers in the defense industrial supply chain and universities on matters relating to cybersecurity. Sec. 1645. Email and Internet website security and authentication. Sec. 1646. Security product integration framework. Sec. 1647. Information security continuous monitoring and cybersecurity scorecard. Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber incident. Sec. 1649. Pilot program on modeling and simulation in support of military home- land defense operations in connection with cyber attacks on critical in- frastructure. Sec. 1650. Pilot program authority to enhance cybersecurity and resiliency of crit- ical infrastructure. Sec. 1651. Pilot program on regional cybersecurity training center for the Army Na- tional Guard. Sec. 1652. Cyberspace Solarium Commission. Sec. 1653. Study and report on reserve component cyber civil support teams. Sec. 1654. Identification of countries of concern regarding cybersecurity. Sec. 1655. Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign govern- ments. Sec. 1656. Report on Cybersecurity Apprentice Program. Sec. 1657. Report on enhancement of software security for critical systems. Subtitle D—Nuclear Forces Sec. 1661. Under Secretary of Defense for Research and Engineering and the Nu- clear Weapons Council. Sec. 1662. Long-range standoff weapon requirements. Sec. 1663. Acceleration of ground-based strategic deterrent program and long-range standoff weapon program. Sec. 1664. Procurement authority for certain parts of intercontinental ballistic mis- sile fuzes. Sec. 1665. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1666. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile. Sec. 1667. Exchange program for nuclear weapons program employees. Sec. 1668. Plan to train officers in nuclear command, control, and communications. Sec. 1669. Independent study on options to increase Presidential decision-time re- garding nuclear weapons employment. Sec. 1670. Extension of annual report on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nu- clear weapons command and control system. Sec. 1671. Plan for alignment of acquisition of warhead life extension programs and delivery vehicles for such warheads. Sec. 1672. Annual report on development of long-range stand-off weapon. Sec. 1673. Sense of Congress on nuclear posture of the United States. Subtitle E—Missile Defense Programs Sec. 1675. Development of persistent space-based sensor architecture. Sec. 1676. Boost phase ballistic missile defense. Sec. 1677. Extension of requirement for reports on unfunded priorities of Missile Defense Agency. Sec. 1678. Extension of prohibition relating to missile defense information and sys- tems. Sec. 1679. Modification of requirement relating to transition of ballistic missile de- fense programs to military departments. Sec. 1680. Modification of requirement to develop a space-based ballistic missile intercept layer. Sec. 1681. Improvements to acquisition processes of Missile Defense Agency. Sec. 1682. Layered defense of the United States homeland. Sec. 1683. Testing of redesigned kill vehicle prior to production and ground-based midcourse defense acceleration options. Sec. 1684. Requirements for ballistic missile defense capable ships. Sec. 1685. Multiyear procurement authority for standard missile–3 IB guided mis- siles.

18 H. R. 5515—18 Sec. 1686. Limitation on availability of funds for Army lower tier air and missile defense sensor. Sec. 1687. Missile defense radar in Hawaii. Sec. 1688. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1689. Acceleration of hypersonic missile defense program. Sec. 1690. Report on ballistic missile defense. Sec. 1691. Sense of Congress on allied partnerships for missile defense. Sec. 1692. Sense of Congress on testing by Missile Defense Agency. Subtitle F—Other Matters Sec. 1695. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events. Sec. 1696. Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors. Sec. 1697. Budget exhibit on support provided to entities outside Department of Defense. Sec. 1698. Conventional prompt global strike hypersonic capabilities. Sec. 1699. Report regarding industrial base for large solid rocket motors. TITLE XVII—REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS Subtitle A—Committee on Foreign Investment in the United States Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act of 2018. Sec. 1702. Findings; sense of Congress. Sec. 1703. Definitions. Sec. 1704. Acceptance of written notices. Sec. 1705. Inclusion of partnership and side agreements in notice. Sec. 1706. Declarations for certain covered transactions. Sec. 1707. Stipulations regarding transactions. Sec. 1708. Authority for unilateral initiation of reviews. Sec. 1709. Timing for reviews and investigations. Sec. 1710. Identification of non-notified and non-declared transactions. Sec. 1711. Submission of certifications to Congress. Sec. 1712. Analysis by Director of National Intelligence. Sec. 1713. Information sharing. Sec. 1714. Action by the President. Sec. 1715. Judicial review. Sec. 1716. Considerations for regulations. Sec. 1717. Membership and staff of Committee. Sec. 1718. Actions by the Committee to address national security risks. Sec. 1719. Modification of annual report and other reporting requirements. Sec. 1720. Certification of notices and information. Sec. 1721. Implementation plans. Sec. 1722. Assessment of need for additional resources for Committee. Sec. 1723. Funding. Sec. 1724. Centralization of certain Committee functions. Sec. 1725. Conforming amendments. Sec. 1726. Briefing on information from transactions reviewed by Committee on Foreign Investment in the United States relating to foreign efforts to in- fluence democratic institutions and processes. Sec. 1727. Effective date. Sec. 1728. Severability. Subtitle B—Export Control Reform Sec. 1741. Short title. Sec. 1742. Definitions. P ART I—A UTHORITY AND A DMINISTRATION OF C ONTROLS Sec. 1751. Short title. Sec. 1752. Statement of policy. Sec. 1753. Authority of the President. Sec. 1754. Additional authorities. Sec. 1755. Administration of export controls. Sec. 1756. Licensing. Sec. 1757. Compliance assistance. Sec. 1758. Requirements to identify and control the export of emerging and foundational technologies. Sec. 1759. Review relating to countries subject to comprehensive United States arms embargo. Sec. 1760. Penalties.

19 H. R. 5515—19 Sec. 1761. Enforcement. Sec. 1762. Administrative procedure. Sec. 1763. Review of interagency dispute resolution process. Sec. 1764. Consultation with other agencies on commodity classification. Sec. 1765. Annual report to Congress. Sec. 1766. Repeal. Sec. 1767. Effect on other Acts. Sec. 1768. Transition provisions. P NTI -B ART A CT OF 2018 II—A OYCOTT Sec. 1771. Short title. Sec. 1772. Statement of policy. Sec. 1773. Foreign boycotts. Sec. 1774. Enforcement. P ART DMINISTRATIVE A UTHORITIES III—A Sec. 1781. Under Secretary of Commerce for Industry and Security. Subtitle C—Miscellaneous Sec. 1791. Extension of authority. Sec. 1792. Limitation on cancellation of designation of Secretary of the Air Force as Department of Defense Executive Agent for a certain Defense Produc- tion Act program. Sec. 1793. Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects. Sec. 2105. Extension of authorizations of certain fiscal year 2016 project. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017. Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project. Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects. Sec. 2309. Additional authority to carry out project at Travis Air Force Base, Cali- fornia, in fiscal year 2019. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 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. 2405. Authorization of certain fiscal year 2018 project. TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO.

20 H. R. 5515—20 Subtitle B—Host Country In-kind Contributions Sec. 2511. Republic of Korea funded construction projects. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Subtitle A—Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other Matters Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project. Sec. 2613. Additional authority to carry out certain fiscal year 2019 project. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activi- ties 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. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Program and Military Family Housing Sec. 2801. Modification of contract authority for acquisition, construction, or fur- nishing of test facilities and equipment. Sec. 2802. Commercial construction standards for facilities on leased property. Sec. 2803. Congressional oversight of projects carried out pursuant to laws other than Military Construction Authorization Acts. Sec. 2804. Small business set-aside for contracts for architectural and engineering services and construction design. Sec. 2805. Updates and modifications to Department of Defense Form 1391, Unified Facilities Criteria, and military installation master plans. Sec. 2806. Work in Process Curve charts and outlay tables for military construction projects. Sec. 2807. Extension of temporary, limited authority to use operation and mainte- nance funds for construction projects in certain areas outside the United States. Sec. 2808. Authority to obtain architectural and engineering services and construc- tion design for defense laboratory modernization program. Sec. 2809. Repeal of limitation on certain Guam project. Sec. 2810. Enhancing force protection and safety on military installations. Sec. 2811. Limitation on use of funds for acquisition of furnished energy for new medical center in Germany. Subtitle B—Real Property and Facilities Administration Sec. 2821. Force structure plans and infrastructure capabilities necessary to sup- port the force structure. Sec. 2822. Exemption of Department of Defense off-site use and off-site removal only non-mobile properties from certain excess property disposal re- quirements. Sec. 2823. Retrofitting existing windows in military family housing units to be equipped with fall prevention devices. Sec. 2824. Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects. Sec. 2825. Study of feasibility of using 20-year intergovernmental support agree- ments for installation-support services. Sec. 2826. Representation of installation interests in negotiations and proceedings with carriers and other public utilities. Sec. 2827. Clarification to include National Guard installations in Readiness and Environmental Protection Integration program. Subtitle C—Land Conveyances Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona.

21 H. R. 5515—21 Sec. 2842. 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. 2843. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California. Sec. 2844. Release of restrictions, University of California, San Diego. Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia. Sec. 2846. Land conveyance, Eglin Air Force Base, Florida. Sec. 2847. Public inventory of Guam land parcels for transfer to Government of Guam. Sec. 2848. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois. Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland. Sec. 2850. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana. Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah. Sec. 2852. Commemoration of Freedman’s Village. Subtitle D—Other Matters Sec. 2861. Defense community infrastructure pilot program. Sec. 2862. Strategic plan to improve capabilities of Department of Defense training ranges and installations. Sec. 2863. Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands. Sec. 2864. Study and report on inclusion of Coleman Bridge, York River, Virginia, in Strategic Highway Network. Sec. 2865. Defense access roads relating to closures due to sea level fluctuation and flooding. Sec. 2866. Authority to transfer funds for construction of Indian River Bridge. Sec. 2867. Plan to allow increased public access to the National Naval Aviation Mu- seum and Barrancas National Cemetery, Naval Air Station Pensacola. TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. Sec. 2903. Authorized Air Force construction and land acquisition projects. Sec. 2904. Authorized defense agencies construction and land acquisition projects. Sec. 2905. Authorization of appropriations. Sec. 2906. Restrictions on use of funds for planning and design costs of European Deterrence Initiative projects. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Development of low-yield nuclear weapons. Sec. 3112. Department of Energy counterintelligence polygraph program. Sec. 3113. Inclusion of capital assets acquisition projects in activities by Director for Cost Estimating and Program Evaluation. Sec. 3114. Modification of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and re- lated equipment at vulnerable sites worldwide. Sec. 3115. Notification regarding air release of radioactive or hazardous material at Hanford Nuclear Reservation. Sec. 3116. Amendments to the Atomic Energy Act of 1954. Sec. 3117. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3118. Hanford waste tank cleanup program. Sec. 3119. Use of funds for construction and project support activities relating to MOX facility. Sec. 3120. Plutonium pit production.

22 H. R. 5515—22 Sec. 3121. Pilot program on conduct by Department of Energy of background re- views for access by certain individuals to national security laboratories. Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. Sec. 3123. Prohibition on availability of funds for research and development of ad- vanced naval nuclear fuel system based on low-enriched uranium. Sec. 3124. Limitation on availability of funds relating to submission of annual re- ports on unfunded priorities. Subtitle C—Plans and Reports Sec. 3131. Modifications to cost-benefit analyses for competition of management and operating contracts. Sec. 3132. Nuclear forensics analyses. Sec. 3133. Review of defense environmental cleanup activities. Sec. 3134. Whistleblower protections. Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear Security Administration. Sec. 3136. Survey of workforce of national security laboratories and nuclear weap- ons production facilities. Sec. 3137. Elimination of certain reports. Subtitle D—Other Matters Sec. 3141. Acceleration of replacement of cesium blood irradiation sources. Sec. 3142. Sense of Congress regarding compensation of individuals relating to ura- nium mining and nuclear testing. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV—MARITIME MATTERS Subtitle A—Maritime Administration 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 Pro- gram. Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war risk insurance. Sec. 3505. Use of State maritime academy training vessels. Sec. 3506. Concurrent jurisdiction. Sec. 3507. United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking. Sec. 3508. Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program. Sec. 3509. Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy. Sec. 3510. Electronic records on mariner availability to meet national security needs. Sec. 3511. Small shipyard grants. Sec. 3512. Sea year on contracted vessels. Sec. 3513. GAO report on national maritime strategy. Sec. 3514. Multi-year contracts. Sec. 3515. Miscellaneous. Sec. 3516. Department of Transportation Inspector General report on Title XI pro- gram. Subtitle B—Coast Guard 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 recreational vessel regulations.

23 H. R. 5515—23 Subtitle C—Coast Guard and Shipping Technical Corrections HAPTER 1—C G UARD C OAST 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. C HAPTER ARITIME T RANSPORTATION 2—M 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. DIVISION D—FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—PROCUREMENT Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency op- erations. TITLE XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. TITLE XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. TITLE XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. In this Act, the term ‘‘congressional defense committees’’ has the meaning given that term in section 101(a)(16) of title 10, United States Code. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been

24 H. R. 5515—24 submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization Of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. National Guard and reserve component equipment report. Sec. 112. Deployment by the Army of an interim cruise missile defense capability. Subtitle C—Navy Programs Sec. 121. Procurement authority for Ford class aircraft carrier program. Sec. 122. Full ship shock trial for Ford class aircraft carrier. Sec. 123. Sense of Congress on accelerated production of aircraft carriers. Sec. 124. Multiyear procurement authority for standard missile–6. Sec. 125. Multiyear procurement authority for E–2D aircraft. Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G air- craft. Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes. Sec. 128. Frigate class ship program. Sec. 129. Contract requirement for Virginia class submarine program. Sec. 130. Prohibition on availability of funds for Navy port waterborne security bar- riers. Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels. Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle pro- gram. Sec. 133. Report on degaussing standards for DDG–51 destroyers. Subtitle D—Air Force Programs Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on re- tirement of KC–10A aircraft. Sec. 142. Multiyear procurement authority for C–130J aircraft program. Sec. 143. Contract for logistics support for VC–25B aircraft. Sec. 144. Retirement date for VC–25A aircraft. Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program. Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of cer- tification. Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft. Sec. 148. Report on modernization of B–52H aircraft systems. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Procurement authority for additional icebreaker vessels. Sec. 152. Buy-to-budget acquisition of F–35 aircraft. Sec. 153. Certification on inclusion of technology to minimize physiological episodes in certain aircraft. Sec. 154. Armored commercial passenger-carrying vehicles. Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program. Subtitle A—Authorization Of Appropriations SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

25 H. R. 5515—25 Subtitle B—Army Programs SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT REPORT. G ENERAL .—Section 10541(b) of title 10, United States (a) I N 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 equip- ment 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.’’. FFECTIVE D ATE (b) E .—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. DEPLOYMENT BY THE ARMY OF AN INTERIM CRUISE MISSILE DEFENSE CAPABILITY. (a) C ERTIFICATION R EQUIRED .—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the congressional defense committees whether there is a need for the Army to deploy an interim missile defense capa- bility. EPLOYMENT .— (b) D N GENERAL .—If the Secretary of Defense certifies that (1) I there is a need for the Army to deploy an interim missile defense capability under subsection (a), the Secretary of the Army shall deploy the capability as follows: (A) Two batteries of the capability shall be deployed by not later than September 30, 2020. (B) Two additional batteries of the capability shall be deployed by not later than September 30, 2023. (2) A .—In order CHIEVEMENT OF DEPLOYMENT DEADLINES to meet the deadlines for deployment specified in paragraph (1) the Secretary of the Army may— (A) deploy systems that require the least amount of development; (B) procure non-developmental air and missile defense systems currently in production to ensure rapid delivery of capability; (C) use existing systems, components, and capabilities already in the Joint Force inventory, including rockets and missiles as available; (D) use operational information technology for commu- nication, detection, and fire control that is certified to work

26 H. R. 5515—26 with existing joint information technology systems to ensure interoperability; (E) engage and collaborate with officials, organizations, and activities of the Department of Defense with respon- sibilities relating to science and technology, engineering, testing, and acquisition, including the Defense Innovation United Experimental, the Director of Operational Test and Evaluation, the Defense Digital Service, the Strategic Capabilities Office, and the Rapid Capabilities offices, to accelerate the development, testing, and deployment of existing systems; (F) use institutional and operational basing to facilitate rapid training and fielding; (G) consider a range of direct energy weapon systems to compete for the 2023 deployment specified in paragraph (1)(B); and (H) carry out such other activities as the Secretary determines to be appropriate. UTHORITIES (3) A .—In carrying out paragraphs (1) and (2), Secretary of the Army may use any authority of the Secretary relating to acquisition, technology transfer, and personnel management that the Secretary considers appropriate, including rapid acquisition and rapid prototyping authorities, to resource and procure an interim missile defense capability. (4) W AIVER .—The Secretary of the Army may waive the deadlines for deployment specified in paragraph (1) if the Sec- retary determines that sufficient funds have not been appro- priated to enable the Secretary to meet such deadlines. (c) I N G ENERAL .—If the Secretary of the Army will deploy an interim missile defense capability pursuant to subsection (b), then, by not later than March 1, 2019, the Secretary, in consultation with the Chief of Staff of the Army, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes— (1) recommendations identifying any interim missile defense capabilities to be deployed and a proposed rapid acquisi- tion schedule for such capabilities; (2) a plan to rapidly resource any identified shortfalls for any such capability selected for deployment; and (3) a schedule and timeline for the fielding and deployment of any such capability. .—In this NTERIM M ISSILE D EFENSE C APABILITY D EFINED (d) I section, the term ‘‘interim missile defense capability’’ means a fixed- site, cruise missile defense capability that may be deployed before the Indirect Fire Protection Capability of the Army becomes fully operational. Subtitle C—Navy Programs SEC. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER PROGRAM. (a) C ONTRACT A UTHORITY .— ROCUREMENT AUTHORIZED .—The Secretary of the Navy (1) P 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.

27 H. R. 5515—27 (2) P – 80 .—The air- ROCUREMENT IN CONJUNCTION WITH CVN craft carrier authorized to be procured under paragraph (1) may be procured as an addition to the contract covering the Ford class aircraft carrier designated CVN–80 that is author- ized 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). ERTIFICATION EQUIRED .—A contract may not be entered R (b) C into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the Ford class aircraft carrier program: (1) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— (A) the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, without the authority provided in subsection (a); (B) the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the esti- mated cost savings are realized. (2) There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation. (3) There is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive. (4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic. (5) The use of such a contract will promote the national security of the United States. (6) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense pro- gram (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation. (7) The contract will be a fixed price type contract. (c) U SE OF I NCREMENTAL F UNDING .—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. No such payments may be obligated after the date that is 11 months after the date on which the fitting out of the aircraft carrier associated with the contract is completed.

28 H. R. 5515—28 (d) L .—A contract entered into under subsection (a) IABILITY shall provide that the total liability to the Government for termi- nation of the contract entered into shall be limited to the total amount of funding obligated at the time of termination. AYMENTS O - YEAR C ONTRACT (e) C UT .—A contract ONDITION FOR P 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. ILESTONE D ECISION A UTHORITY D EFINED .—In this section, (f) M the term ‘‘milestone decision authority’’ has the meaning given that term in section 2366a(d) of title 10, United States Code. SEC. 122. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIRCRAFT CAR- RIER. 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. 123. SENSE OF CONGRESS ON ACCELERATED PRODUCTION OF AIRCRAFT CARRIERS. It is the sense of Congress that the United States should accelerate the production of aircraft carriers to rapidly achieve the Navy’s goal of having 12 operational aircraft carriers. SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD MISSILE–6. (a) A M ULTIYEAR P ROCUREMENT .—Subject to sec- UTHORITY FOR tion 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) A UTHORITY FOR A DVANCE P ROCUREMENT AND E CONOMIC RDER UANTITY .—The Secretary may enter into one or more con- Q O tracts for advance procurement associated with the missiles (including economic order quantity) for which authorization to enter into a multiyear procurement contract is provided under subsection (a). ONDITION FOR O UT - YEAR .—A contract ONTRACT P AYMENTS C (c) C 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. (d) C OVERED ERIOD D EFINED P .—In this section, the term ‘‘cov- ered period’’ means the 5-year period beginning with the fiscal year 2019 program year and ending with the fiscal year 2023 program year. SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR E–2D AIR- CRAFT. ROCUREMENT (a) A M ULTIYEAR P UTHORITY FOR .—Subject to sec- tion 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.

29 H. R. 5515—29 (b) C O UT - YEAR C ONTRACT P AYMENTS .—A contract ONDITION FOR entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations for that purpose for such later fiscal year. SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E/F AIR- CRAFT AND EA–18G AIRCRAFT. UTHORITY FOR M ULTIYEAR P ROCUREMENT .—Subject to sec- (a) A tion 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. AYMENTS ONDITION FOR UT - YEAR .—A contract ONTRACT P O C (b) C 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. UTHORITY FOR A DVANCE P ROCUREMENT AND E CONOMIC (c) A O Q UANTITY .—The Secretary of the Navy may enter into one RDER 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. 127. MODIFICATIONS TO F/A–18 AIRCRAFT TO MITIGATE PHYSIO- LOGICAL EPISODES. ODIFICATIONS (a) M EQUIRED .—The Secretary of the Navy shall R 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 speci- fications; and (4) installation of equipment associated with improved F/ A–18 physiological monitoring and alert systems. (b) R R EQUIRED .—Not later than February 1, 2019, and EPORT 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). .—The Secretary of the Navy may waive the require- AIVER (c) W ment 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.

30 H. R. 5515—30 SEC. 128. FRIGATE CLASS SHIP PROGRAM. N G .—As part of the solicitation for proposals for (a) I ENERAL the procurement of any frigate class ship in any of fiscal years 2019, 2020, or 2021, the Secretary of the Navy shall require that offerors submit proposals under which the offeror agrees to convey technical data to the Federal Government in the event the offeror is awarded the frigate construction contract associated with the proposal. (b) T ATA D EFINED .—In this section, the term ‘‘tech- ECHNICAL D nical data’’ means a compilation of detailed engineering plans and specifications for the construction of a frigate class ship. SEC. 129. CONTRACT REQUIREMENT FOR VIRGINIA CLASS SUBMARINE PROGRAM. Section 124 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended— (1) by redesignating subsection (d) through (f) as sub- sections (e) through (g), respectively; and (2) by inserting after subsection (c), the following: ONTRACT R .— EQUIREMENT ‘‘(d) C N GENERAL .—The Secretary of the Navy shall ensure ‘‘(1) I that a contract entered into under subsection (a) includes an option to procure a Virginia class submarine in each of fiscal years 2022 and 2023. ‘‘(2) O PTION DEFINED .—In this subsection, the term ‘option’ has the meaning given that term in part 2.101 of the Federal Acquisition Regulation.’’. SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS. (a) P ROHIBITION .—Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be obligated or expended to procure legacy waterborne security barriers for Navy ports. AIVER .—The Secretary of the Navy may waive the prohibi- (b) W tion in subsection (a) not less than 30 days after submitting to the congressional defense committees— (1) a Navy requirements document that specifies key performance parameters and key system attributes for new waterborne security barriers for Navy ports; (2) a certification that the level of capability specified under paragraph (1) will meet or exceed that of legacy waterborne security barriers for Navy ports; (3) the acquisition strategy for the recapitalization of legacy waterborne security barriers for Navy ports, which shall meet or exceed the requirements specified under paragraph (1); and (4) a certification that any contract for new waterborne security barriers for a Navy port will be awarded in accordance with the requirements for full and open competition set forth in section 2304 of title 10, United States Code. (c) E XCEPTION .—The prohibition in subsection (a) shall not apply to any of the following activities: (1) The sustainment, refurbishment, and replacement of portions of existing waterborne security barriers at Navy ports due to normal wear and tear.

31 H. R. 5515—31 (2) The procurement of new waterborne security barriers for Navy ports due to exigent circumstances. SEC. 131. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE SHIP- BUILDING CONTRACTS FOR CERTAIN VESSELS. Section 124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended by section 127 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking ‘‘or fiscal year 2018’’ and inserting ‘‘, fiscal year 2018, or fiscal year 2019’’. SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR M27 INFANTRY AUTOMATIC RIFLE PROGRAM. .—Of the funds authorized to be appropriated (a) L IMITATION 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) A .—The assessment described in this subsection SSESSMENT 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. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG–51 DESTROYERS. (a) R R EQUIRED .—Not later than February 1, 2019, the EPORT Secretary of the Navy shall submit to the congressional defense committees a report on degaussing standards for the DDG–51 destroyer. (b) E LEMENTS .—The report required under subsection (a) shall include— (1) a detailed description of the current degaussing stand- ards for the DDG–51 destroyer; (2) a plan for incorporating such standards into the destroyer construction program; and (3) an assessment of the requirement to backfit such stand- ards to in-service destroyers. Subtitle D—Air Force Programs SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING TANKER AIRCRAFT; LIMITATION ON RETIREMENT OF KC–10A AIR- CRAFT. (a) I NVENTORY R EQUIREMENT .—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

32 H. R. 5515—32 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 total 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 air- craft that has as its primary mission the refueling of other aircraft. ‘‘(B) The term ‘total aircraft inventory’ means aircraft authorized to a flying unit for operations or training.’’. (b) L R IMITATION ON KC–10A.— ETIREMENT OF .—None of the funds authorized to be appro- N GENERAL (1) I priated 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. XCEPTION FOR CERTAIN AIRCRAFT .—The requirement (2) E 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. MULTIYEAR PROCUREMENT AUTHORITY FOR C–130J AIR- CRAFT PROGRAM. (a) A M ULTIYEAR P ROCUREMENT .—Subject to sec- UTHORITY FOR tion 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— (1) C–130J aircraft for the Air Force; and (2) C–130J aircraft for the Navy and the Marine Corps pursuant to the agreement described in subsection (b). (b) A D ESCRIBED .—The agreement described in this GREEMENT subsection is the agreement between the Secretary of the Navy and the Secretary of the Air Force under which the Secretary of the Air Force acts as the executive agent for the Department of the Navy for purposes of procuring C–130J aircraft for such Department. UTHORITY FOR A DVANCE P ROCUREMENT AND E CONOMIC (c) A RDER Q UANTITY .—The Secretary of the Air Force may enter into O one or more contracts for advance procurement associated with the C–130J aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

33 H. R. 5515—33 (d) C O UT -Y EAR C ONTRACT P AYMENTS .—A con- ONDITION FOR tract entered into under subsection (a) shall provide that any obliga- tion 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. (e) T F ISCAL Y EAR 2018 A IRCRAFT .—The multiyear REATMENT OF contract authority under subsection (a) includes C–130J aircraft for which funds were appropriated for fiscal year 2018. SEC. 143. 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 accord- ance 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. 144. RETIREMENT DATE FOR VC–25A AIRCRAFT. N G ENERAL .—For purposes of the application of section (a) I 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) C OVERED A D EFINED .—In this section, the term IRCRAFT ‘‘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. 145. REPEAL OF FUNDING RESTRICTION FOR EC–130H COMPASS CALL RECAPITALIZATION PROGRAM. Section 131 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed. SEC. 146. LIMITATION ON USE OF FUNDS FOR KC–46A AIRCRAFT PENDING SUBMITTAL OF CERTIFICATION. (a) C R EQUIRED .—The Secretary of the Air Force ERTIFICATION 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) L IMITATION ON U SE OF F UNDS .— (1) L IMITATION .—Notwithstanding any other provision of this Act, 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 to procure the covered aircraft until the Secretary of the Air Force submits the certification required under subsection (a). (2) C OVERED AIRCRAFT DEFINED .—In this subsection, the term ‘‘covered aircraft’’ means three of the KC–46A aircraft authorized to be procured by this Act.

34 H. R. 5515—34 SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E–8 JSTARS AIRCRAFT. (a) L VAILABILITY OF F UNDS FOR R ETIREMENT .— IMITATION ON A Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft until the date on which the Secretary of the Defense certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for the System. .—The limitation in subsection (a) shall not apply XCEPTION (b) E to individual E–8C Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case- by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (c) C R EQUIRED ERTIFICATION .—Not later than March 1, 2019, the Secretary of Defense, on a nondelegable basis, shall certify to the congressional defense committees that— (1) the Secretary of the Air Force is taking all reasonable steps to ensure the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate meet all safety requirements; (2) the Secretary of the Air Force has developed and imple- mented a funding strategy to increase the operational and maintenance availability of the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate; (3) the Advanced Battle-Management System Increment 1, 2, and 3 acquisition and fielding strategy is executable and that sufficient funds will be available to achieve all elements of the System as described in the Capability Development Docu- ment for the System; and (4) in coordination with each separate geographic combat- ant commander, that the Secretary of the Air Force is imple- menting defined and measurable actions to meet the operational planning and steady-state force presentation requirements for Ground-Moving Target Indicator intelligence and Battle- Management, Command and Control towards a moderate level of risk until Increment 2 of the Advanced Battle-Management System declares initial operational capability. .— EPORT AND B RIEFING (d) GAO R (1) R EPORT 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 I, 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 capa- bility; and (E) the overall acquisition strategy for the capability.

35 H. R. 5515—35 (2) I .—Not later than March 1, 2019, the NTERIM BRIEFING Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate 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. (e) A ORCE R EPORT IR F .—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 associ- ated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the planned retirement of the aircraft; and (2) a plan that will provide combatant commanders with an increased level of E–8C force support. (f) E–8C F P RESENTATION R EQUIREMENT .— ORCE N GENERAL .—Beginning not later than October 1, 2020, (1) I and until the retirement of the E–8C aircraft fleet, the Sec- retary of the Air Force shall provide not fewer than 6 dedicated E–8C aircraft each fiscal year for allocation to the geographical combatant commanders through the Intelligence, Surveillance, and Reconnaissance Global Force Management Allocation Process. (2) E XCEPTION .—If the Secretary of the Air Force is unable to meet the requirements of paragraph (1), the Secretary of Defense, on a nondelegable basis, may waive the requirements for a fiscal year and shall provide to the congressional defense committees a notice of waiver issuance and justification. (g) A F ORCE B RIEFING R IR .—Beginning not later EQUIREMENT than October 1, 2018, and on a quarterly basis thereafter, the Secretary of the Air Force shall provide to the congressional defense committees a program update briefing on the Advanced Battle- Management System of the Air Force, and all associated tech- nologies. SEC. 148. REPORT ON MODERNIZATION OF B–52H AIRCRAFT SYSTEMS. (a) R EPORT R EQUIRED .—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long term modernization of the B–52H aircraft. (b) E LEMENTS .—The report required under subsection (a) shall include— (1) an estimated timeline for the modernization of the B–52H aircraft; and (2) modernization requirements with respect to the integrated systems of the aircraft, including— (A) electronic warfare and defensive systems; (B) communications, including secure jam resistant capability; (C) radar replacement; (D) engine replacement; (E) future weapons and targeting capability; and (F) mission planning systems.

36 H. R. 5515—36 Subtitle E—Defense-wide, Joint, and Multiservice Matters SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER VESSELS. A .— (a) P ROCUREMENT UTHORITY .—In addition to the icebreaker vessel (1) I N GENERAL authorized to be procured under section 122(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Secretary of the department in which the Coast Guard is operating may enter into one or more contracts for the procurement of up to five additional polar-class icebreaker vessels. (2) C - YEAR CONTRACT PAYMENTS .—A con- ONDITION FOR OUT tract entered into under paragraph (1) 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. ENSE OF C (b) S .—It is the sense of Congress that ONGRESS the Coast Guard should maintain an inventory of not fewer than six polar-class icebreaker vessels beginning not later than fiscal year 2029 and, to achieve such inventory, should— (1) award a contract for the first new polar-class icebreaker not later than fiscal year 2019; (2) deliver the first new polar-class icebreaker not later than fiscal year 2023; (3) start construction on the second through sixth new polar-class icebreakers at a rate of one vessel per year in fiscal years 2022 through 2026; and (4) accept delivery of the second through sixth new polar- class icebreakers at a rate of one vessel per year in fiscal years 2025 through 2029. SEC. 152. 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 effi- ciencies or other cost reductions. SEC. 153. CERTIFICATION ON INCLUSION OF TECHNOLOGY TO MINI- MIZE PHYSIOLOGICAL EPISODES IN CERTAIN AIRCRAFT. (a) C R EQUIRED .—Not later than 15 days before ERTIFICATION 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 techno- logical advancements necessary to minimize the impact of physio- logical episodes on aircraft crewmembers. (b) W AIVER .—The Secretary concerned may waive the require- ment of subsection (a) if the Secretary— (1) determines the waiver is required in the interest of national security; and

37 H. R. 5515—37 (2) not later than 15 days before entering into a contract for the procurement of a covered aircraft, notifies the congres- sional defense committees of the rationale for the waiver. .—The requirement to submit a certification (c) T ERMINATION under subsection (a) shall terminate on September 30, 2021. EFINITIONS (d) D .—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. 154. ARMORED COMMERCIAL PASSENGER-CARRYING VEHICLES. (a) I GAO R ECOMMENDATIONS .—In accord- MPLEMENTATION OF ance 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 vehicles 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-car- rying vehicles (such as information on contracts execution and vehicle inspections). RIEFING EQUIRED .—Not later than 180 days after the (b) B R 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 compo- nents of the Department; and (2) whether a process is in place for ensuring that the relevant components of the Department incorporate those cri- teria into contracts for such vehicles. SEC. 155. QUARTERLY UPDATES ON THE F–35 JOINT STRIKE FIGHTER PROGRAM. (a) I N G ENERAL .—Beginning not later than October 1, 2018, and on a quarterly basis thereafter through October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the congressional defense committees a briefing on the progress of the F–35 Joint Strike Fighter program. (b) E LEMENTS .—Each briefing under subsection (a) shall include, with respect to the F–35 Joint Strike Fighter program, the following elements: (1) An overview of the program schedule.

38 H. R. 5515—38 (2) A description of each contract awarded under the pro- gram, including a description of the type of contract and the status of the contract. (3) An assessment of the status of the program with respect to— (A) modernization; (B) modification; (C) testing; (D) delivery; (E) sustainment; (F) program management; and (G) efforts to ensure that excessive sustainment costs do not threaten the ability of the Department of Defense to purchase the required number of aircraft. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. 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 on availability of funds for F–35 continuous capability develop- ment and delivery. Sec. 215. Limitation on availability of funds pending report on agile software devel- opment and software operations. Sec. 216. Limitation on availability of funds for certain high energy laser advanced technology. Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense. Sec. 218. National Defense Science and Technology Strategy. Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle. Sec. 220. Establishment of innovators information repository in the Department of Defense. Sec. 221. Strategic plan for Department of Defense test and evaluation resources. Sec. 222. Collaboration between Defense laboratories, industry, and academia; open campus program. Sec. 223. Permanent extension and codification of authority to conduct technology protection features activities during research and development of de- fense systems. Sec. 224. Codification and reauthorization of Defense Research and Development Rapid Innovation Program. Sec. 225. Procedures for rapid reaction to emerging technology. Sec. 226. Activities on identification and development of enhanced personal protec- tive equipment against blast injury. Sec. 227. Human factors modeling and simulation activities. Sec. 228. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions. Sec. 229. Advanced manufacturing activities. Sec. 230. National security innovation activities. Sec. 231. Partnership intermediaries for promotion of defense research and edu- cation. Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System. Sec. 233. Expansion of coordination requirement for support for national security innovation and entrepreneurial education. Sec. 234. Defense quantum information science and technology research and devel- opment program. Sec. 235. Joint directed energy test activities. Sec. 236. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support De- partment of Defense missions.

39 H. R. 5515—39 Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities. Sec. 238. Joint artificial intelligence research, development, and transition activi- ties. Subtitle C—Reports and Other Matters Sec. 241. Report on survivability of air defense artillery. Sec. 242. T–45 aircraft physiological episode mitigation actions. Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affect- ing aircraft crewmembers. Sec. 244. Report on Defense Innovation Unit Experimental. Sec. 245. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program. Sec. 246. Report on OA–X light attack aircraft applicability to partner nation sup- port. Sec. 247. Reports on comparative capabilities of adversaries in key technology areas. Sec. 248. Report on active protection systems for armored combat and tactical vehi- cles. Sec. 249. Next Generation Combat Vehicle. Sec. 250. Modification of reports on mechanisms to provide funds to defense labora- tories for research and development of technologies for military mis- sions. Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift pro- grams. Sec. 252. Improvement of the Air Force supply chain. Sec. 253. Review of guidance on blast exposure during training. Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle trans- mission replacement. Sec. 255. Independent assessment of electronic warfare plans and programs. Subtitle A—Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, develop- ment, test, and evaluation, as specified in the funding table in section 4201. Subtitle B—Program Requirements, Restrictions, and Limitations SEC. 211. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. Section 2371b of title 10, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), in the matter before clause (i), by striking ‘‘(for a prototype project)’’ and inserting ‘‘for a prototype project, and any follow-on production con- tract or transaction that is awarded pursuant to subsection (f),’’; (B) in subparagraph (B)— (i) in the matter before clause (i), by striking ‘‘(for a prototype project)’’ and inserting ‘‘for a prototype project, and any follow-on production contract or trans- action that is awarded pursuant to subsection (f),’’; and (ii) in clause (i), in the matter before subclause (I), by striking ‘‘Under Secretary of Defense for Acquisi- tion, Technology, and Logistics’’ and inserting ‘‘Under

40 H. R. 5515—40 Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment’’; (C) in paragraph (3), by striking ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ and inserting ‘‘Under Secretaries of Defense’’; (2) in subsection (b)(2), by inserting ‘‘the prototype’’ after ‘‘carry out’’; and (3) in subsection (f)— (A) by redesignating paragraph (3) as paragraph (5); and (B) by inserting after paragraph (2) the following new paragraphs: ‘‘(3) A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Department deter- mines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants. ‘‘(4) Award of a follow-on production contract or transaction pursuant to the terms under this subsection is not contingent upon the successful completion of all activities within a consortium as a condition for an award for follow-on production of a successfully completed prototype or prototype subproject within that consor- tium.’’. 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 avail- able 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) P .—None of the funds authorized to be appro- ROHIBITION priated 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 associ- ated with the Weather Common Component program may be obli- gated or expended. EPORT R EQUIRED .— (b) R

41 H. R. 5515—41 (1) I .—The Secretary of the Air Force shall N GENERAL 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 Depart- ment of Defense. (2) E LEMENTS .—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, proc- essing, 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 ON AVAILABILITY OF FUNDS FOR F–35 CONTIN- UOUS CAPABILITY DEVELOPMENT AND DELIVERY. IMITATION (a) L .—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 informa- tion required for a major defense acquisition program under section 2435 of title 10, United States Code. (b) E XCEPTION .—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. 215. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON AGILE SOFTWARE DEVELOPMENT AND SOFTWARE OPERATIONS. (a) L IMITATION .—Of the of funds described in subsection (d), not more than 80 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 sub- section (b). (b) R EPORT .—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation

42 H. R. 5515—42 with the Director of Defense Pricing/Defense Procurement and Acquisition Policy and the Director of the Defense Digital Service, shall submit to the congressional defense committees a report that includes a description of each of the following: (1) How cost estimates in support of modernization and upgrade activities for Air and Space Operations Centers are being conducted and using what methods. (2) The contracting strategy and types of contracts being used to execute Agile Software Development and Software Operations (referred to in this section as ‘‘Agile DevOps’’) activi- ties. (3) How intellectual property ownership issues associated with software applications developed with Agile DevOps proc- esses will be addressed to ensure future sustainment, mainte- nance, and upgrades to software applications after the applica- tions are fielded. (4) A description of the tools and software applications that have been developed for the Air and Space Operations Centers and the costs and cost categories associated with each. (5) Challenges the Air Force has faced in executing acquisi- tion activities modernizing the Air and Space Operations Cen- ters and how the Air Force plans to address the challenges identified. (6) 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. EVIEW .—Before submitting the report under subsection (c) R (b), the Secretary of the Air Force shall ensure that the report is reviewed and approved by the Director of Defense Pricing/Defense Procurement and Acquisition Policy. UNDS D ESCRIBED .—The funds described in this subsection (d) F 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 procure- ment, Air Force, for Air and Space Operations Centers. SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN HIGH ENERGY LASER ADVANCED TECHNOLOGY. (a) L IMITATION .—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 Tech- nology (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 a roadmap and detailed assessment of the high energy laser programs of the Department of Defense, which shall include plans for coordination across the Department and transition to programs of record. (b) R ULE OF C ONSTRUCTION .—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.

43 H. R. 5515—43 SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE DEPARTMENT OF DEFENSE. (a) P EQUIRED .—Not later than March 1, 2019, the Sec- LAN R retary 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; (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; or (3) to retain the Strategic Capabilities Office. (b) E .—The plan required under subsection (a) shall LEMENTS include the following: (1) A timeline for the potential elimination, transfer, or retention of some or all 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. (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. (4) An assessment of the transition outcomes, research portfolio, and mission accomplishment in the key functions of the Strategic Capabilities Office described in subsection (c). (5) An assessment of the relationship of the Strategic Capabilities Office with— (A) the acquisition and rapid capabilities programs of the military departments; (B) Department laboratories; (C) the Defense Advanced Research Projects Agency; and (D) other research and development activities. (6) Assessment of management and bureaucratic challenges to the effective and efficient execution of the Strategic Capabili- ties Office missions, especially with respect to contracting and personnel management. EY .—The key functions described UNCTIONS D ESCRIBED F (c) K in this subsection are the following: (1) Repurposing existing Government and commercial sys- tems for new technological advantage. (2) Developing novel concepts of operation that are lower cost, more effective, and more responsive to changing threats than traditional concepts of operation. (3) Developing joint systems and concepts of operations to meet emerging threats and military requirements based on partnerships with the military departments and combatant commanders. (4) Developing prototypes and new concepts of operations that can inform the development of requirements and the establishment of acquisition programs. (d) F ORM OF P LAN .—The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

44 H. R. 5515—44 SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY. NNUAL S .— (a) A TRATEGY (1) I .—Not later than February 4, 2019, the N GENERAL Secretary of Defense shall develop a strategy— (A) to articulate the science and technology priorities, goals, and investments of the Department of Defense; and (B) to make recommendations on the future of the defense research and engineering enterprise and its contin- ued success in an era of strategic competition. (2) E LEMENTS .—The strategy required by paragraph (1) shall— (A) be aligned with the National Defense Strategy and Governmentwide strategic science and technology prior- ities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (B) link the priorities, goals, and outcomes in para- graph (1)(A) with needed critical enablers to specific pro- grams, or broader portfolios, including— (i) personnel and workforce capabilities; (ii) facilities for research and test infrastructure; (iii) relationships with academia, the acquisition community, the operational community, and the commercial sector; and (iv) funding, investments, personnel, facilities, and relationships with departments, agencies, or other Fed- eral entities outside the Department of Defense with- out which defense capabilities would be severely degraded; (C) evaluate the coordination of acquisition priorities, programs, and timelines of the Department with the activi- ties of the defense research and engineering enterprise; and (D) include recommendations for changes in authori- ties, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy. NNUAL UPDATES .—Not less frequently than once each (3) A year, the Secretary shall revise and update the strategy required by paragraph (1). (4) A NNUAL REPORTS .—(A) Not later than February 4, 2019, and not less frequently than once each year thereafter through December 31, 2021, the Secretary shall submit to the congres- sional defense committees the strategy required by paragraph (1), as may be revised and updated in accordance with para- graph (3). (B) The reports submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (5) B RIEFING .—Not later than 14 days after the date on which the strategy under paragraph (1) is completed, the Sec- retary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the implementation of the strategy. (6) D ESIGNATION .—The strategy developed under paragraph (1) shall be known as the ‘‘National Defense Science and Tech- nology Strategy’’.

45 H. R. 5515—45 (b) A R ECOMMENDATIONS .— SSESSMENT AND N GENERAL .—Not later than February 4, 2019, the (1) I Secretary shall submit to the congressional defense committees a report with an assessment and recommendations on the future of major elements of the defense research and engineering enterprise, evaluating warfighting contributions, portfolio management and coordination, workforce management including special hiring authorities, facilities and test infra- structure, relationships with private sector and interagency partners, and governance, including a comparison with the enterprises of other countries and the private sector. AJOR ELEMENTS OF THE DEFENSE RESEARCH AND (2) M .—The major elements of the defense ENGINEERING ENTERPRISE research and engineering enterprise referred to in paragraph (1) include the following: (A) The science and technology elements of the military departments. (B) The Department of Defense laboratories. (C) The test ranges and facilities of the Department. (D) The Defense Advanced Research Projects Agency (DARPA). (E) The Defense Innovation Unit Experimental (DIU(x)). (F) The Strategic Capabilities Office of the Department. (G) The Small Business Innovation Research program of the Department. (H) The Small Business Technology Transfer program of the Department. (I) Such other elements, offices, programs, and activi- ties of the Department as the Secretary considers appro- priate for purposes of the this section. ONSULTATION AND COMMENTS .—In making rec- (3) C ommendations under paragraph (1), the Secretary shall consult with and seek comments from groups and entities relevant to the recommendations, such as the military departments, the combatant commands, the federally funded research and development centers (FFRDCs), commercial partners of the Department (including small business concerns), or any advisory committee established by the Department that the Secretary determines is appropriate based on the duties of the advisory committee and the expertise of its members. (4) F ORM OF SUBMISSION .—The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex. SEC. 219. MODIFICATION OF CVN–73 TO SUPPORT FIELDING OF MQ– 25 UNMANNED AERIAL VEHICLE. The Secretary of the Navy shall— (1) modify the compartments and infrastructure of the air- craft carrier designated CVN–73 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; and (2) ensure such modification is sufficient to complete the full installation of MQ–25 in no more than a single maintenance period after such overhaul.

46 H. R. 5515—46 SEC. 220. ESTABLISHMENT OF INNOVATORS INFORMATION REPOSI- TORY IN THE DEPARTMENT OF DEFENSE. (a) I ENERAL .—Not later than one year after the date of N G the enactment of this Act, the Secretary of Defense shall, acting through the Defense Technical Information Center, establish an innovators information repository within the Department of Defense in accordance with this section. I NFORMATION AINTENANCE OF EPOSITORY .—The Under R (b) M Secretary of Defense for Research and Engineering shall maintain the information repository and ensure that it is periodically updated. I NFORMATION R EPOSITORY .—The information LEMENTS OF (c) E repository established under subsection (a) shall— (1) be coordinated across the Department of Defense enter- prise to focus on small business innovators that are small, independent United States businesses, including those partici- pating in the Small Business Innovation Research program or the Small Business Technology Transfer program; (2) include appropriate information about each participant, including a description of— (A) the need or requirement applicable to the partici- pant; (B) the participant’s technology with appropriate tech- nical 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 incor- porated into a program of record; and (3) incorporate the appropriate classification due to com- pilation of information. (d) U I SE OF R EPOSITORY .—After the information NFORMATION repository is established under subsection (a), the Secretary shall encourage use of the information repository by Department organizations involved in technology development and protection, including program offices, before initiating a Request for Informa- tion 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, aca- demic consortium, or other entity). SEC. 221. 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 coordina- tion with the Director of the Department of Defense Test Resources Management Center, the Director of Operational Test and Evaluation, the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibil- ities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evalua- tion facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year

47 H. R. 5515—47 in which the plan is submitted under paragraph (3). The stra- tegic 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 ade- quacy 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’’. SEC. 222. COLLABORATION BETWEEN DEFENSE LABORATORIES, INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM. .—The Secretary of Defense may carry out (a) C OLLABORATION activities to prioritize innovative collaboration between Department of Defense science and technology reinvention laboratories, industry, and academia. (b) O C AMPUS P ROGRAM .—In carrying out subsection (a), PEN the Secretary, acting through the Commander of the Air Force Research Laboratory, the Commander of the Army Research, Development and Engineering Command, and the Chief of Naval Research, or such other officials of the Department as the Secretary considers appropriate, may develop and implement an open campus program for the Department science and technology reinvention laboratories which shall be modeled after the open campus program of the Army Research Laboratory. SEC. 223. PERMANENT EXTENSION AND CODIFICATION OF AUTHORITY TO CONDUCT TECHNOLOGY PROTECTION FEATURES ACTIVITIES DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS. (a) I N ENERAL .—Chapter 139 of title 10, United States Code, G is amended by inserting before section 2358 the following new section: ‘‘§ 2357. Technology protection features activities CTIVITIES .—The Secretary of Defense shall carry out ‘‘(a) A activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system. ‘‘(b) C OST - 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) D EFINITIONS .—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 pur- poses of this section. ‘‘(2) The term ‘technology protection features’ means the technical modifications necessary to protect critical program

48 H. R. 5515—48 information, including anti-tamper technologies and other sys- tems engineering activities intended to prevent or delay exploi- tation of critical technologies in a designated system.’’. (b) C MENDMENT .—The table of sections at the begin- LERICAL A ning 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.’’. ONFORMING R EPEAL .—Section 243 of the Ike Skelton (c) C National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed. SEC. 224. CODIFICATION AND REAUTHORIZATION OF DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION PRO- GRAM. (a) C ODIFICATION .— (1) I .—Chapter 139 of title 10, United States N GENERAL Code, is amended by inserting after section 2359 the following new section: ‘‘§ 2359a. Defense Research and Development Rapid Innova- tion Program .—(1) The Secretary of Defense shall ROGRAM E STABLISHED ‘‘(a) P establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Busi- ness Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies). ‘‘(2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address tech- nical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national secu- rity needs. UIDELINES .—The Secretary shall issue guidelines for the ‘‘(b) G operation of the program. At a minimum such guidance shall pro- vide for the following: ‘‘(1) The issuance of one or more broad agency announce- ments or the use of any other competitive or merit-based proc- esses by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a). ‘‘(2) The review of candidate proposals by the Department of Defense and by each military department and the merit- based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program. ‘‘(3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary’s designee, approves a larger amount of funding for the project. ‘‘(4) No project shall receive more than a total of two years of funding under the program from funding provided

49 H. R. 5515—49 under subsection (d), unless the Secretary, or the Secretary’s designee, approves funding for any additional year. ‘‘(5) Mechanisms to facilitate transition of follow-on or cur- rent projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program. ‘‘(6) Projects are selected using merit-based selection proce- dures and the selection of projects is not subject to undue influence by Congress or other Federal agencies. P ‘‘(c) T TO C ERTAIN C ONGRESSIONAL REATMENT URSUANT R .—Nothing in this section shall be interpreted to require ULES or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5. ‘‘(d) F UNDING .—Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a). ‘‘(e) T RANSFER A UTHORITY .—(1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program. ‘‘(2) The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.’’. (2) C LERICAL AMENDMENT .—The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2359 the following new item: ‘‘2359a. Defense Research and Development Rapid Innovation Program.’’. (b) C A MENDMENTS .— ONFORMING (1) R EPEAL OF OLD PROVISION .—Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby repealed. (2) R .—The table EPEAL OF OLD TABLE OF CONTENTS ITEM of contents in section 2(b) of such Act is amended by striking the item relating to section 1073. SEC. 225. PROCEDURES FOR RAPID REACTION TO EMERGING TECH- NOLOGY. (a) R EQUIREMENT TO E STABLISH P ROCEDURES .—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall prescribe procedures for the designation and development of technologies that are— (1) urgently needed— (A) to react to a technological development of an adversary of the United States; or

50 H. R. 5515—50 (B) to respond to a significant and urgent emerging technology; and (2) not receiving appropriate research funding or attention from the Department of Defense. (b) E .—The procedures prescribed under subsection LEMENTS (a) shall include the following: (1) A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology execu- tives within each military department, and the science and technology community, including— (A) a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and (B) a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff. (2) Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including— (A) a process for demonstrating performance of the proposed technologies on a short timeline; (B) a process for developing a development strategy for a technology, including integration into future budget years; and (C) a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B). RIEFING .—Not later than 180 days after the date of the (c) B enactment of this Act, the Under Secretary shall provide to the congressional defense committees a briefing on the procedures required by subsection (a). SEC. 226. ACTIVITIES ON IDENTIFICATION AND DEVELOPMENT OF ENHANCED PERSONAL PROTECTIVE EQUIPMENT AGAINST BLAST INJURY. (a) A R EQUIRED .—During calendar year 2019, the Sec- CTIVITIES retary of the Army shall, in consultation with the Director of Operational Test and Evaluation, carry out a set of activities to identify and develop personal equipment to provide enhanced protection against injuries caused by blasts in combat and training. (b) A CTIVITIES .— (1) C ONTINUOUS EVALUATION PROCESS .—For purposes of the activities required by subsection (a), the Secretary shall establish a process to continuously solicit from government, industry, academia, and other appropriate entities personal protective equipment that is ready for testing and evaluation in order to identify and evaluate equipment or clothing that is more effective in protecting members of the Armed Forces from the harmful effects of blast injuries, including traumatic brain injuries, and would be suitable for expedited procurement and fielding. (2) G OALS .—The goals of the activities shall include: (A) Development of streamlined requirements for procurement of personal protective equipment. (B) Appropriate testing of personal protective equip- ment prior to procurement and fielding.

51 H. R. 5515—51 (C) Development of expedited mechanisms for deploy- ment of effective personal protective equipment. (D) Identification of areas of research in which increased investment has the potential to improve the quality of personal protective equipment and the capability of the industrial base to produce such equipment. (E) Such other goals as the Secretary considers appro- priate. (3) P ARTNERSHIPS FOR CERTAIN ASSESSMENTS .—As part of the activities, the Secretary should continue to establish part- nerships with appropriate academic institutions for purposes of assessing the following: (A) The ability of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries. (B) The value of real-time data analytics to track the effectiveness of various forms of personal protective equip- ment to protect against common blast injuries, including traumatic brain injuries. (C) The availability of commercial-off the-shelf personal protective technology to protect against traumatic brain injury resulting from blasts. (D) The extent to which the equipment determined through the assessment to be most effective to protect against common blast injuries is readily modifiable for different body types and to provide lightweight material options to enhance maneuverability. UTHORITIES (c) A .—In carrying out activities under subsection (a), the Secretary may use any authority as follows: (1) Experimental procurement authority under section 2373 of title 10, United States Code. (2) Other transactions authority under section 2371 and 2371b of title 10, United States Code. (3) Authority to award technology prizes under section 2374a of title 10, United States Code. (4) Authority under the Defense Acquisition Challenge Pro- gram under section 2359b of title 10, United States Code. (5) Any other authority on acquisition, technology transfer, and personnel management that the Secretary considers appro- priate. ERTAIN T REATMENT OF A .—Any activities under CTIVITIES (d) C this section shall be deemed to have been through the use of competitive procedures for the purposes of section 2304 of title 10, United States Code. (e) O N - GOING A SSESSMENT F OLLOWING A CTIVITIES .—After the completion of activities under subsection (a), the Secretary shall, on an on-going basis, do the following: (1) Evaluate the extent to which personal protective equip- ment identified through the activities would— (A) enhance survivability of personnel from blasts in combat and training; and (B) enhance prevention of brain damage, and reduction of any resultant chronic brain dysfunction, from blasts in combat and training. (2) In the case of personal protective equipment so identi- fied that would provide enhancements as described in para- graph (1), estimate the costs that would be incurred to procure

52 H. R. 5515—52 such enhanced personal protective equipment, and develop a schedule for the procurement of such equipment. (3) Estimate the potential health care cost savings that would occur from expanded use of personal protective equip- ment described in paragraph (2). EPORT .—Not later than December 1, 2019, the Secretary (f) R shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representa- tives a report on the activities under subsection (a) as of the date of the report. .—Of the amount authorized to be appropriated UNDING (g) F for fiscal year 2019 by this Act for research, development, test, and evaluation, as specified in the funding tables in division D, $10,000,000 may be used to carry out this section. SEC. 227. HUMAN FACTORS MODELING AND SIMULATION ACTIVITIES. (a) A R EQUIRED .—The Secretary of Defense shall CTIVITIES develop and provide for the carrying out of human factors modeling and simulation activities designed to do the following: (1) Provide warfighters and civilians with personalized assessment, education, and training tools. (2) Identify and implement effective ways to interface and team warfighters with machines. (3) Result in the use of intelligent, adaptive augmentation to enhance decision making. (4) Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and perform- ance. (b) P .—The overall purpose of the activities shall be URPOSE to accelerate research and development that enhances capabilities for human performance, human-systems integration, and training for the warfighter. ARTICIPANTS IN A CTIVITIES (c) P .—Participants in the activities may include the following: (1) Elements of the Department of Defense engaged in science and technology activities. (2) Program Executive Offices of the Department. (3) Academia. (4) The private sector. (5) Such other participants as the Secretary considers appropriate. SEC. 228. EXPANSION OF MISSION AREAS SUPPORTED BY MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS. Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended— (1) by redesignating paragraph (23) as paragraph (27); and (2) by inserting after paragraph (22) the following new paragraphs: ‘‘(23) Space. ‘‘(24) Infrastructure resilience. ‘‘(25) Photonics. ‘‘(26) Autonomy.’’.

53 H. R. 5515—53 SEC. 229. ADVANCED MANUFACTURING ACTIVITIES. ESIGNATION .—The Under Secretary of Defense for Acquisi- (a) D tion and Sustainment and the Under Secretary of Defense for Research and Engineering shall jointly, in coordination with Secre- taries of the military departments, establish at least one activity per military service to demonstrate advanced manufacturing tech- niques and capabilities at depot-level activities or military arsenal facilities of the military departments. (b) P URPOSES .—The activities established pursuant to sub- section (a) shall— (1) support efforts to implement advanced manufacturing techniques and capabilities; (2) identify improvements to sustainment methods for component parts and other logistics needs; (3) identify and implement appropriate information security protections to ensure security of advanced manufacturing; (4) aid in the procurement of advanced manufacturing equipment and support services; (5) enhance partnerships between the defense industrial base and Department of Defense laboratories, academic institu- tions, and industry; and (6) to the degree practicable, include an educational or training component to build an advanced manufacturing workforce. OOPERATIVE A GREEMENTS AND P ARTNERSHIPS .— (c) C (1) I N GENERAL .—The Under Secretaries may enter into a cooperative agreement and use public-private and public- public partnerships to facilitate development of advanced manu- facturing techniques in support of the defense industrial base. (2) R EQUIREMENTS .—A cooperative agreement entered into under paragraph (1) and a partnership used under such para- graph shall facilitate— (A) development and implementation of advanced manufacturing techniques and capabilities; (B) appropriate sharing of information in the adapta- tion of advanced manufacturing, including technical data rights; (C) implementation of appropriate information security protections into advanced manufacturing tools and tech- niques; and (D) support of necessary workforce development. UTHORITIES .—In carrying out this section, the Under Secre- (d) A taries may use the following authorities: (1) Section 2196 of title 10, United States Code, relating to the Manufacturing Engineering Education Program. (2) Section 2368 of such title, relating to centers for science, technology, and engineering partnership. (3) Section 2374a of such title, relating to prizes for advanced technology achievements. (4) Section 2474 of such title, relating to centers of indus- trial and technical excellence. (5) Section 2521 of such title, relating to the Manufacturing Technology Program. (6) Section 12 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

54 H. R. 5515—54 (7) Such other authorities as the Under Secretaries con- siders appropriate. SEC. 230. NATIONAL SECURITY INNOVATION ACTIVITIES. .—The Under Secretary of Defense for (a) E STABLISHMENT Research and Engineering shall establish activities to develop inter- action between the Department of Defense and the commercial technology industry and academia with regard to emerging hard- ware products and technologies with national security applications. .—The activities required by subsection (a) shall (b) E LEMENTS include the following: (1) Informing and encouraging private investment in spe- cific hardware technologies of interest to future defense tech- nology needs with unique national security applications. (2) Funding research and technology development in hard- ware-intensive capabilities that private industry has not suffi- ciently supported to meet rapidly emerging defense and national security needs. (3) Contributing to the development of policies, policy implementation, and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base. (4) Identifying promising emerging technology in industry and academia for the Department of Defense for potential sup- port or research and development cooperation. RANSFER OF (c) T ERSONNEL AND R ESOURCES .— P (1) I N GENERAL .—Subject to paragraph (2), the Under Sec- retary may transfer such personnel, resources, and authorities that are under the control of the Under Secretary as the Under Secretary considers appropriate to carry out the activities estab- lished under subsection (a) from other elements of the Depart- ment under the control of the Under Secretary or upon approval of the Secretary of Defense. ERTIFICATION .—The Under Secretary may only make (2) C a transfer of personnel, resources, or authorities under para- graph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient tech- nical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), inde- pendent of further government funding beyond this authoriza- tion. (d) E STABLISHMENT OF N ONPROFIT E NTITY .—The Under Sec- retary may establish or fund a nonprofit entity to carry out the program activities under subsection (a). (e) P LAN .— (1) I N GENERAL .—Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a detailed plan to carry out this section. LEMENTS .—The plan required by paragraph (1) shall (2) E include the following: (A) A description of the additional authorities needed to carry out the activities set forth in subsection (b).

55 H. R. 5515—55 (B) Plans for transfers under subsection (c), including plans for private fund-matching and investment mecha- nisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such trans- fers. (C) Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise. (f) A UTHORITIES .—In carrying out this section, the Under Sec- retary may use the following authorities: (1) Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), relating to a pilot program on strengthening manufacturing in the defense industrial base. (2) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges. (3) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships. (4) Section 2374a of such title, relating to prizes for advanced technology achievements. (5) Section 2474 of such title, relating to Centers of Indus- trial and Technical Excellence. (6) Section 2521 of such title, relating to the Manufacturing Technology Program. (7) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States. (8) Chapter 47 of such title, relating to personnel research programs and demonstration projects. (9) Section 12 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements. (10) Such other authorities as the Under Secretary con- siders appropriate. .—Not later than 15 days before the date OTICE R EQUIRED (g) N on which the Under Secretary first exercises the authority granted under subsection (d) and not later than 15 days before the date on which the Under Secretary first obligates or expends any amount authorized under subsection (h), the Under Secretary shall notify the congressional defense committees of such exercise, obligation, or expenditure, as the case may be. (h) F UNDING .—Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201 and subject to the availability of appropriations, up to $75,000,000 may be available to carry out this section. SEC. 231. PARTNERSHIP INTERMEDIARIES FOR PROMOTION OF DEFENSE RESEARCH AND EDUCATION. Section 2368 of title 10, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new sub- section (f): ROMOTE OF P ARTNERSHIP I NTERMEDIARIES TO P SE ‘‘(f) U D EFENSE R ESEARCH AND E DUCATION .—(1) Subject to the approval of the Secretary or the head of the another department or agency

56 H. R. 5515—56 of the Federal Government concerned, the Director of a Center may enter into a contract, memorandum of understanding or other transition with a partnership intermediary that provides for the partnership intermediary to perform services for the Department of Defense that increase the likelihood of success in the conduct of cooperative or joint activities of the Center with industry or academic institutions. ‘‘(2) In this subsection, the term ‘partnership intermediary’ means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center.’’. SEC. 232. LIMITATION ON USE OF FUNDS FOR SURFACE NAVY LASER WEAPON SYSTEM. IMITATION (a) L .—None of the funds authorized to be appro- priated or otherwise made available by this Act may be used to exceed, in fiscal year 2019, a procurement quantity of one Surface Navy Laser Weapon System, also known as the High Energy Laser and Integrated Optical-dazzler with Surveillance (HELIOS), unless the Secretary of the Navy submits to the congressional defense committees a report on such system with the elements set forth in subsection (b). (b) E LEMENTS .—The elements set forth in this subsection are, with respect to the system described in subsection (a), the following: (1) A document setting forth the requirements for the system, including desired performance characteristics. (2) An acquisition plan that includes the following: (A) A program schedule to accomplish design comple- tion, technology maturation, risk reduction, and other activities, including dates of key design reviews (such as Preliminary Design Review and Critical Design Review) and program initiation decision (such as Milestone B) if applicable. (B) A contracting strategy, including requests for pro- posals, the extent to which contracts will be competitively awarded, option years, option quantities, option prices, and ceiling prices. (C) The fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired. (D) A justification for the fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired. (3) A test plan and schedule sufficient to achieve oper- ational effectiveness and operational suitability determinations (such as Early Operational Capability and Initial Operational Capability) related to the requirements set forth in paragraph (1). (4) Associated funding and item quantities, disaggregated by fiscal year and appropriation, requested in the Fiscal Year 2019 Future Years Defense Program.

57 H. R. 5515—57 (5) An estimate of the acquisition costs, including the total costs for procurement, research, development, test, and evalua- tion. SEC. 233. EXPANSION OF COORDINATION REQUIREMENT FOR SUP- PORT FOR NATIONAL SECURITY INNOVATION AND ENTRE- PRENEURIAL EDUCATION. Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is amended by adding at the end the following new paragraphs: ‘‘(16) The National Security Technology Accelerator. ‘‘(17) The I-Corps Program.’’. SEC. 234. DEFENSE QUANTUM INFORMATION SCIENCE AND TECH- NOLOGY RESEARCH AND DEVELOPMENT PROGRAM. STABLISHMENT .—The Secretary of Defense shall carry out (a) E a quantum information science and technology research and development program. URPOSES (b) P .—The purposes of the program required by sub- section (a) are as follows: (1) To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements. (2) To coordinate all quantum information science and tech- nology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector entities that are involved in quantum information science and technology research and development. (3) To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines. (4) To accelerate the transition and deployment of tech- nologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and stand- ards for measuring the success of such efforts. (5) To collect, synthesize, and disseminate critical informa- tion on quantum information science and technology research and development. (6) To establish and support appropriate research, innova- tion, and industrial base, including facilities and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology. (c) A DMINISTRATION .—In carrying out the program required by subsection (a), the Secretary shall act through the Under Sec- retary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall— (1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including— (A) optimization of analysis of national security data sets;

58 H. R. 5515—58 (B) development of defense related quantum computing algorithms; (C) design of new materials and molecular functions; (D) secure communications and cryptography, including development of quantum communications proto- cols; (E) quantum sensing and metrology; (F) development of mathematics relating to quantum enhancements to sensing, communications, and computing; and (G) processing and manufacturing of low-cost, robust, and reliable quantum information science and technology- enabled devices and systems; (2) develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the spe- cific technical goals that builds upon the Department’s increased investment in quantum information science and tech- nology research and development, commercial sector and global investments, and other United States Government investments in the quantum sciences; (3) not later than 180 days after the date of the enactment of this Act, develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum science and information considered sen- sitive to the leadership of the United States in the field of quantum information science and technology; and (4) develop memoranda of agreement, joint funding agree- ments, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals. .— EPORT (d) R N GENERAL .—Not later than December 31, 2020, the (1) I Secretary shall submit to the congressional defense committees a report on the program, in both classified and unclassified format. LEMENTS .—The report required by paragraph (1) shall (2) E include the following: (A) A description of the knowledge-base of the Depart- ment with respect to quantum sciences, plans to defend against quantum based attacks, and any plans of the Sec- retary to enhance such knowledge-base. (B) A plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department. (C) An assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes. (D) A description of activities undertaken consistent with this section, including funding for activities consistent with the section. (E) Such other matters as the Secretary considers appropriate.

59 H. R. 5515—59 SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES. EST A .—The Under Secretary of Defense for (a) T CTIVITIES Research and Engineering shall, in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department of Defense pursuant to section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note), develop, establish, and coordinate directed energy testing activities adequate to ensure the achievement by the Depart- ment of Defense of goals of the Department for developing and deploying directed energy systems to match national security needs. (b) E LEMENTS .—The activity established under subsection (a) shall include the following: (1) The High Energy Laser System Test Facility of the Army Test and Evaluation Command. (2) Such other test resources and activities as the Under Secretary may designate for purposes of this section. (c) D ESIGNATION .—The test activities established under sub- section (a) shall be considered part of the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code). (d) P E FFORT .—In developing and coordinating RIORITIZATION OF testing activities pursuant to subsection (a), the Under Secretary shall prioritize efforts consistent with the following: (1) Paragraphs (2) through (5) of section 219(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note). (2) Enabling the standardized collection and evaluation of testing data to establish testing references and benchmarks. (3) Concentrating sufficient personnel expertise of directed energy weapon systems in order to validate the effectiveness of new weapon systems against a variety of targets. (4) Consolidating modern state-of-the-art testing infrastruc- ture including telemetry, sensors, and optics to support advanced technology testing and evaluation. (5) Formulating a joint lethality or vulnerability informa- tion repository that can be accessed by any of the military departments of Defense Agencies, similar to a Joint Munitions Effectiveness Manuals (JMEMs). (6) Reducing duplication of directed energy weapon testing. (7) Ensuring that an adequate workforce and adequate testing facilities are maintained to support missions of the Department of Defense. SEC. 236. REQUIREMENT FOR ESTABLISHMENT OF ARRANGEMENTS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT DEPARTMENT OF DEFENSE MISSIONS. (a) I N G ENERAL .—Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by striking ‘‘and each secretary of a military department may establish one or more’’ and inserting ‘‘shall, acting through the secretaries of the military departments, establish not fewer than three’’. (b) E XTENSION .—Subsection (f) of such section is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2022’’.

60 H. R. 5515—60 SEC. 237. AUTHORITY FOR JOINT DIRECTED ENERGY TRANSITION OFFICE TO CONDUCT RESEARCH RELATING TO HIGH POW- ERED MICROWAVE CAPABILITIES. Section 219(b)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by inserting ‘‘, including high-powered microwaves,’’ after ‘‘energy systems and technologies’’. SEC. 238. JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOP- MENT, AND TRANSITION ACTIVITIES. .— (a) E STABLISHMENT (1) I .—The Secretary of Defense shall establish N GENERAL a set of activities within the Department of Defense to coordi- nate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use. (2) E .—The set of activities established under para- MPHASIS graph (1) shall apply artificial intelligence and machine learning solutions to operational problems and coordinate activities involving artificial intelligence and artificial intel- ligence enabled capabilities within the Department. ESIGNATION .—Not later than one year after the date of (b) D the enactment of this Act, the Secretary shall designate a senior official of the Department with principal responsibility for the coordination of activities relating to the development and dem- onstration of artificial intelligence and machine learning for the Department. (c) D UTIES .—The duties of the official designated under sub- section (b) shall include the following: (1) S .—Developing a detailed strategic plan TRATEGIC PLAN to develop, mature, adopt, and transition artificial intelligence technologies into operational use. Such plan shall include the following: (A) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities. (B) The continuous evaluation and adaptation of rel- evant artificial intelligence capabilities developed both inside the Department and in other organizations for mili- tary missions and business operations. (2) A CCELERATION OF DEVELOPMENT AND FIELDING OF ARTIFICIAL INTELLIGENCE .—To the degree practicable, the des- ignated official shall— (A) use the flexibility of regulations, personnel, acquisi- tion, partnerships with industry and academia, or other relevant policies of the Department to accelerate the development and fielding of artificial intelligence capabili- ties; (B) ensure engagement with defense and private indus- tries, research universities, and unaffiliated, nonprofit research institutions; (C) provide technical advice and support to entities in the Department and the military departments to opti- mize the use of artificial intelligence and machine learning technologies to meet Department missions;

61 H. R. 5515—61 (D) support the development of requirements for artifi- cial intelligence capabilities that address the highest pri- ority capability gaps of the Department and technical feasi- bility; (E) develop and support capabilities for technical anal- ysis and assessment of threat capabilities based on artificial intelligence; (F) ensure that the Department has appropriate workforce and capabilities at laboratories, test ranges, and within the organic defense industrial base to support the artificial intelligence capabilities and requirements of the Department; (G) develop classification guidance for all artificial intelligence related activities of the Department; (H) work with appropriate officials to develop appro- priate ethical, legal, and other policies for the Department governing the development and use of artificial intelligence enabled systems and technologies in operational situations; and (I) ensure— (i) that artificial intelligence programs of each mili- tary department and of the Defense Agencies are con- sistent with the priorities identified under this section; and (ii) appropriate coordination of artificial intel- ligence activities of the Department with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in stand- ards setting bodies. OVERNANCE AND OVERSIGHT OF ARTIFICIAL INTEL - (3) G LIGENCE AND MACHINE LEARNING POLICY .—Regularly convening appropriate officials across the Department— (A) to integrate the functional activities of the organiza- tions and elements of the Department with respect to artifi- cial intelligence and machine learning; (B) to ensure there are efficient and effective artificial intelligence and machine learning capabilities throughout the Department; and (C) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facili- tate the development, acquisition, integration, advance- ment, oversight, and sustainment of artificial intelligence and machine learning throughout the Department. CCESS TO .—The Secretary shall ensure that NFORMATION I (d) A the official designated under subsection (b) has access to such information on programs and activities of the military departments and other Defense Agencies as the Secretary considers appropriate to carry out the coordination described in subsection (b) and the duties set forth in subsection (c). (e) S T RTIFICIAL I NTELLIGENCE A OPICS .— TUDY ON N GENERAL .—Not later than one year after the date (1) I of the enactment of this Act, the official designated under subsection (b) shall— (A) complete a study on past and current advances in artificial intelligence and the future of the discipline, including the methods and means necessary to advance the development of the discipline, to comprehensively

62 H. R. 5515—62 address the national security needs and requirements of the Department; and (B) submit to the congressional defense committees a report on the findings of the designated official with respect to the study completed under subparagraph (A). ONSULTATION WITH EXPERTS .—In conducting the study (2) C required by paragraph (1)(A), the designated official shall con- sult with experts within the Department, other Federal agen- cies, academia, any advisory committee established by the Sec- retary that the Secretary determines appropriate based on the duties of the advisory committee and the expertise of its mem- bers, and the commercial sector, as the Secretary considers appropriate. (3) E LEMENTS .—The study required by paragraph (1)(A) shall include the following: (A) A comprehensive and national-level review of— (i) advances in artificial intelligence, machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces; and (ii) the competitiveness of the Department in artifi- cial intelligence, machine learning, and such tech- nologies. (B) Near-term actionable recommendations to the Sec- retary for the Department to secure and maintain technical advantage in artificial intelligence, including ways— (i) to more effectively organize the Department for artificial intelligence; (ii) to educate, recruit, and retain leading talent; and (iii) to most effectively leverage investments in basic and advanced research and commercial progress in these technologies. (C) Recommendations on the establishment of Depart- mentwide data standards and the provision of incentives for the sharing of open training data, including those rel- evant for research into systems that integrate artificial intelligence and machine learning with human teams. (D) Recommendations for engagement by the Depart- ment with relevant agencies that will be involved with artificial intelligence in the future. (E) Recommendations for legislative action relating to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department. .— ELINEATION OF D EFINITION OF A RTIFICIAL I NTELLIGENCE (f) D Not later than one year after the date of the enactment of this Act, the Secretary shall delineate a definition of the term ‘‘artificial intelligence’’ for use within the Department. .—In this section, the RTIFICIAL I NTELLIGENCE D EFINED (g) A term ‘‘artificial intelligence’’ includes the following: (1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring

63 H. R. 5515—63 human-like perception, cognition, planning, learning, commu- nication, or physical action. (3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks. (4) A set of techniques, including machine learning, that is designed to approximate a cognitive task. (5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, commu- nicating, decision making, and acting. Subtitle C—Reports and Other Matters SEC. 241. REPORT ON SURVIVABILITY OF AIR DEFENSE ARTILLERY. EPORT R EQUIRED (a) R .—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) E LEMENTS .—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. ORM OF R .—The report required under subsection EPORT (c) F (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 242. T–45 AIRCRAFT PHYSIOLOGICAL EPISODE MITIGATION ACTIONS. Section 1063(b) of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1576; Public Law 115–91) is amended by adding at the end the following new paragraphs: ‘‘(5) 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. ‘‘(6) The results achieved by the modifications listed pursu- ant to paragraph (5), as determined by relevant testing and operational activities. ‘‘(7) The cost of the modifications listed pursuant to para- graph (5). ‘‘(8) Any plans of the Navy for future modifications to the T–45 aircraft that are intended to mitigate the risk of physiological episodes among T–45 crewmembers.’’.

64 H. R. 5515—64 SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT CREW- MEMBERS. R EQUIRED .—Not later than March 1, 2019, the EPORT (a) R 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. LEMENTS .—The report required under subsection (a) shall (b) E 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 modi- fications identified under paragraph (3); and (4) an explanation of any organizational or other changes to the Air Force carried out to address such physiological epi- sodes. (c) C OVERED A IRCRAFT D EFINED .—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. 244. 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 Experi- mental (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, the Small Business Innovation Research Program, 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 impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Depart- ment including— (A) identification of— (i) the number of non-traditional defense contrac- tors with Department of Defense contracts or other transactions resulting directly from the Unit’s initia- tives, investments, or outreach; and (ii) the number of traditional defense contractors with contracts or other transactions resulting directly from the Unit’s initiatives;

65 H. R. 5515—65 (B) the number of innovations delivered into the hands of the warfighter; and (C) how the Department is notifying its internal compo- nents about participation in the Unit. (5) The workforce strategy of the Unit, including whether the Unit has appropriate personnel authorities to attract and retain talent with technical and business expertise. (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 or other transaction execution. (7) An assessment of management and bureaucratic chal- lenges to the effective and efficient execution of the Unit’s missions, especially with respect to contracting and personnel management. SEC. 245. MODIFICATION OF FUNDING CRITERIA UNDER HISTORI- CALLY 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 ‘‘P RIORITY ’’ and RITERIA inserting ‘‘C ’’; and (2) by striking ‘‘give priority in providing’’ and inserting ‘‘limit’’. SEC. 246. REPORT ON OA–X LIGHT ATTACK AIRCRAFT APPLICABILITY TO PARTNER NATION SUPPORT. EPORT R EQUIRED .—Not later than February 1, 2019, the (a) R 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) E .—The report under subsection (a) shall include LEMENTS a description of— (1) how the OA–X light attack experiment will support partner nations’ low-cost counter terrorism light attack capa- bility; (2) the extent to which the attributes of affordability, inter- operability, sustainability, and 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. 247. REPORTS ON COMPARATIVE CAPABILITIES OF ADVERSARIES IN KEY TECHNOLOGY AREAS. (a) I G ENERAL .—Not later than 180 days after the date of N the enactment of this Act, the Secretary of Defense shall, in coordination with the Director of the Defense Intelligence Agency, submit to the appropriate committees of Congress a set of classified reports that set forth a direct comparison between the capabilities of the United States in emerging technology areas and the capabili- ties of adversaries of the United States in such areas. (b) E LEMENTS .—The reports required by subsection (a) shall include, for each technology area covered, the following: (1) An evaluation of spending by the United States and adversaries on such technology.

66 H. R. 5515—66 (2) An evaluation of the quantity and quality of research on such technology. (3) An evaluation of the test infrastructure and workforce supporting such technology. (4) An assessment of the technological progress of the United States and adversaries on such technology. (5) Descriptions of timelines for operational deployment of such technology. (6) An assessment of the intent or willingness of adver- saries to use such technology. A ECHNICAL .—The Secretary shall ensure that the REAS (c) T reports submitted under subsection (a) cover the following: (1) Hypersonics. (2) Artificial intelligence. (3) Quantum information science. (4) Directed energy weapons. (5) Such other emerging technical areas as the Secretary considers appropriate. (d) C OORDINATION .—The Secretary shall prepare the reports in coordination with other appropriate officials of the intelligence community and with such other partners in the technology areas covered by the reports as the Secretary considers appropriate. PPROPRIATE .—In this OMMITTEES OF C ONGRESS D EFINED C (e) A section, the term ‘‘appropriate committees of Congress’’ means— (1) the Committee on Armed Services and the Select Com- mittee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representa- tives. SEC. 248. REPORT ON ACTIVE PROTECTION SYSTEMS FOR ARMORED COMBAT AND TACTICAL VEHICLES. EPORT R (a) R .—Not later than 60 days after the date EQUIRED of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on technologies related to active protection systems (APS) for armored combat and tactical vehicles. .—The report required by subsection (a) shall ONTENTS (b) C include the following: (1) With respect to the active protection systems that the Army has recently tested on the M1A2 Abrams, the M2A3 Bradley, and the STRYKER, the following: (A) An assessment of the effectiveness of such systems. (B) Plans of the Secretary to further test such systems. (C) Proposals for future development of such systems. (D) A timeline for fielding such systems. (2) Plans for how the Army will incorporate active protec- tion systems into new armored combat and tactical vehicle designs, such as Mobile Protection Firepower (MPF), Armored Multi-Purpose Vehicle (AMPV), and Next Generation Combat Vehicle (NGCV). SEC. 249. NEXT GENERATION COMBAT VEHICLE. (a) P ROTOTYPE .—The Secretary of the Army shall take appro- priate actions to ensure that all necessary resources are planned

67 H. R. 5515—67 and programmed for accelerated prototyping, component develop- ment, testing, or acquisition for the Next Generation Combat Vehicle (NGCV). (b) R EPORT .— (1) I .—Not later than March 1, 2019, the Sec- N GENERAL retary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the development of the Next Generation Combat Vehicle. (2) A NALYSIS .— .—The report required by paragraph N GENERAL (A) I (1) shall include a thorough analysis of the requirements of the Next Generation Combat Vehicle. ELEVANCE TO NATIONAL DEFENSE STRATEGY .—In (B) R carrying out subparagraph (A), the Secretary shall ensure that the requirements are relevant to the most recently published National Defense Strategy. HREATS AND TERRAIN .—The Secretary shall ensure (C) T that the analysis includes consideration of threats and terrain. (D) C OMPONENT TECHNOLOGIES .—The Secretary shall ensure that the analysis includes consideration of the latest enabling component technologies developed by the Tank Automotive, Research, Development, Engineering Center of the Army that have the potential to dramatically change basic combat vehicle design and improve lethality, protec- tion, mobility, range, and sustainment. (c) L IMITATION .—Of the funds authorized to be appropriated for fiscal year 2019 by section 201 and available for research, development, testing, and evaluation, Army, for the Next Genera- tion Combat Vehicle, not more than 90 percent may be obligated or expended until the Secretary submits the report required by subsection (b). SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE FUNDS TO DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MIS- SIONS. Subsection (c) of section 2363 of title 10, United States Code, is amended to read as follows: ELEASE AND D - I NFORMATION ON C ON ISSEMINATION OF ‘‘(c) R TRIBUTIONS F ROM U SE OF A UTHORITY TO M ILITARY M ISSIONS .— ‘‘(1) C .—The Secretary shall OLLECTION OF INFORMATION establish and maintain mechanisms for the continuous collec- tion of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section. ‘‘(2) R ELEASE OF INFORMATION .—The Secretary shall estab- lish and maintain mechanisms as follows: ‘‘(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form. ‘‘(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achieve- ments and best practices described in paragraph (1) in classified form.’’.

68 H. R. 5515—68 SEC. 251. BRIEFINGS ON MOBILE PROTECTED FIREPOWER AND FUTURE VERTICAL LIFT PROGRAMS. (a) I ENERAL .—Not later than March 1, 2019, the Secretary N G of the Army shall provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the requirements of the Army for Mobile Protected Firepower (MPF) and Future Vertical Lift (FVL). ONTENTS .—The briefing provided pursuant to subsection (b) C (a) shall include the following: (1) With respect to the Mobile Protected Firepower pro- gram, the following: (A) An explanation of how Mobile Protected Firepower could survive against the effects of anti-armor and anti- aircraft networks established within anti-access, area- denial defenses. (B) An explanation of how Mobile Protected Firepower would improve offensive overmatch against a peer adversary. (C) Details regarding the total number of Mobile Pro- tected Firepower systems needed by the Army. (D) An explanation of how the Mobile Protected Fire- power system will be logistically supported within light formations. (E) Plans to integrate active protection systems into the designs of the Mobile Protected Firepower program. (2) With respect to the Future Vertical Lift program, the following: (A) An explanation of how Future Vertical Lift could survive against the effects of anti-aircraft networks estab- lished within anti-access, area-denial defenses. (B) An explanation of how Future Vertical Lift would improve offensive overmatch against a peer adversary. (C) A review of the doctrine, organization, training, materiel, leadership, education, personnel, and facilities applicable to determine the total number of Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Air- craft (FARA), required by the Army. (D) An implementation plan for the establishment of Future Vertical Lift, including a timeline for achieving initial and full operational capability. (E) A description of the budget requirements for Future Vertical Lift to reach full operational capability, including an identification and cost of any infrastructure and equip- ment requirements. (F) A detailed list of all analysis used to determine the priority of Future Vertical Lift and which programs were terminated, extended, de-scoped, or delayed in order to fund Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Aircraft in the Future Year’s Defense Plan. (G) An assessment of the analysis of alternatives on the Future Vertical Lift Capability Set 3 program. (H) An identification of any additional authorities that may be required for achieving full operational capability of Future Vertical Lift.

69 H. R. 5515—69 (I) Any other matters deemed relevant by the Sec- retary. SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN. G ENERAL .—The Assistant Secretary of the Air Force (a) I N for Acquisition, Technology, and Logistics may use funds described in subsection (b) as follows: (1) For nontraditional technologies and sustainment prac- tices (such as additive manufacturing, artificial intelligence, predictive maintenance, and other software-intensive and soft- ware-defined capabilities) to— (A) increase the availability of aircraft to the Air Force; and (B) decrease backlogs and lead times for the production of parts for such aircraft. (2) To advance the qualification, certification, and integra- tion of additive manufacturing into the Air Force supply chain. (3) To otherwise identify and reduce supply chain risk for the Air Force. (4) To define workforce development requirements and training for personnel who implement and support additive manufacturing for the Air Force at the warfighter, end-item designer and equipment operator, and acquisition officer levels. UNDING .—Of the amounts authorized to be appropriated (b) F for fiscal year 2019 by section 201 for research, development, test, and evaluation for the Air Force and available for Tech Transition Program (Program Element (0604858F)), up to $42,800,000 may be available as described in subsection (a). SEC. 253. REVIEW OF GUIDANCE ON BLAST EXPOSURE DURING TRAINING. (a) I NITIAL R EVIEW .—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the decibel level exposure, concussive effects exposure, and the frequency of exposure to heavy weapons fire of an individual during training exercises to establish appropriate limitations on such expo- sures. LEMENTS .—The review required by subsection (a) shall (b) E take into account current data and evidence on the cognitive effects of blast exposure and shall include consideration of the following: (1) The impact of exposure over multiple successive days of training. (2) The impact of multiple types of heavy weapons being fired in close succession. (3) The feasibility of cumulative annual or lifetime exposure limits. (4) The minimum safe distance for observers and instruc- tors. (c) U PDATED T RAINING G UIDANCE .—Not later than 180 days after the date of the completion of the review under subsection (a), each Secretary of a military department shall update any rel- evant training guidance to account for the conclusions of the review. (d) U PDATED R EVIEW .— N GENERAL .—Not later than two years after the initial (1) I review conducted under subsection (a), and not later than two years thereafter, the Secretary of Defense shall conduct an updated review under such subsection, including consideration

70 H. R. 5515—70 of the matters set forth under subsection (b), and update training guidance under subsection (c). (2) C ONSIDERATION OF NEW RESEARCH AND EVIDENCE .— Each updated review conducted under paragraph (1) shall take into account new research and evidence that has emerged since the previous review. R EQUIRED .—The Secretary of Defense shall brief RIEFING (e) B the Committees on Armed Services of the Senate and the House of Representatives on a summary of the results of the initial review under subsection (a), each updated review conducted under sub- section (d), and any updates to training guidance and procedures resulting from any such review or updated review. SEC. 254. COMPETITIVE ACQUISITION STRATEGY FOR BRADLEY FIGHTING VEHICLE TRANSMISSION REPLACEMENT. LAN (a) P EQUIRED .—The Secretary of the Army shall develop R a strategy to competitively procure a new transmission for the Bradley Fighting Vehicle family of vehicles. (b) A S TRATEGY R EQUIREMENTS .—The plan required DDITIONAL by subsection (a) shall include the following: (1) An analysis of the potential cost savings and perform- ance improvements associated with developing or procuring a new transmission common to the Bradley Fighting Vehicle family of vehicles, including the Armored Multipurpose Vehicle and the Paladin Integrated Management artillery system. (2) A plan to use full and open competition as required by the Federal Acquisition Regulation. (c) T IMELINE .—Not later than February 15, 2019, the Secretary of the Army shall submit to the congressional defense committees the strategy developed under subsection (a). IMITATION .—None of the funds authorized to be appro- (d) L priated for fiscal year 2019 by this Act for Weapons and Tracked Combat Vehicles, Army, may be obligated or expended to procure a Bradley Fighting Vehicle replacement transmission until the date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees the plan required by subsection (a). SEC. 255. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND PROGRAMS. (a) A GREEMENT .— (1) I N GENERAL .—The Secretary of Defense shall seek to enter into an agreement with the private scientific advisory group known as ‘‘JASON’’ to perform the services covered by this section. (2) T IMING .—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 120 days after the date of the enactment of this Act. (b) I NDEPENDENT A SSESSMENT .—Under an agreement between the Secretary and JASON under this section, JASON shall— (1) assess the strategies, programs, order of battle, and doctrine of the Department of Defense related to the electronic warfare mission area and electromagnetic spectrum operations; (2) assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the same; (3) develop recommendations for improvements to the strategies, programs, and doctrine of the Department of Defense

71 H. R. 5515—71 in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and (4) develop recommendations for the Secretary, Congress, and such other Federal entities as JASON considers appro- priate, including recommendations for— (A) closing technical, policy, or resource gaps; (B) improving cooperation and appropriate integration within the Department of Defense entities; (C) improving cooperation between the United States and other countries and international organizations as appropriate; and (D) such other important matters identified by JASON that are directly relevant to the strategies of the Depart- ment of Defense described in paragraph (3). (c) L IAISONS .—The Secretary shall appoint appropriate liaisons to JASON to support the timely conduct of the services covered by this section. (d) M .—The Secretary shall provide access to JASON ATERIALS to materials relevant to the services covered by this section, con- sistent with the protection of sources and methods and other criti- cally sensitive information. LEARANCES .—The Secretary shall ensure that appropriate (e) C members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the services covered by this section. (f) R EPORT .—Not later than October 1, 2019, the Secretary shall submit to the congressional defense committees a report on— (1) the findings of JASON with respect to the assessments carried out under subsection (b); and (2) the recommendations developed by JASON pursuant to such subsection. .— C ONTRACT S CIENTIFIC O (g) A LTERNATE RGANIZATION (1) I N GENERAL .—If the Secretary is unable within the period prescribed in paragraph (2) of subsection (a) to enter into an agreement described in paragraph (1) of such subsection with JASON on terms acceptable to the Secretary, the Secretary shall seek to enter into such agreement with another appro- priate scientific organization that— (A) is not part of the government; and (B) has expertise and objectivity comparable to that of JASON. REATMENT .—If the Secretary enters into an agreement (2) T with another organization as described in paragraph (1), any reference in this section to JASON shall be treated as a ref- erence to the other organization. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Explosive Ordnance Disposal Defense Program. Sec. 312. Further improvements to energy security and resilience.

72 H. R. 5515—72 Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are lo- cated. Sec. 314. Operational energy policy. Sec. 315. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by agency for toxic substances and disease registry. Sec. 316. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense. Sec. 317. Department of Defense environmental restoration programs. 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. 320. Production and use of natural gas at Fort Knox, Kentucky. Subtitle C—Logistics and Sustainment Sec. 321. Authorizing use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of de- fense industrial base facilities. Sec. 322. Examination of Navy vessels. 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 Re- pair Center. Sec. 327. Report on pilot program for micro-reactors. Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization structure and mechanism. Subtitle D—Reports Sec. 331. Reports on readiness. Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readi- ness. Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to con- duct full spectrum operations. Sec. 334. Surface warfare training improvement. Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifi- cations. Sec. 336. Report on depot-level maintenance and repair. Sec. 337. Report on wildfire suppression capabilities of active and reserve compo- nents. Sec. 338. Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers and Virginia-class and Columbia-class sub- marines. Sec. 339. Report on Specialized Undergraduate Pilot Training production, resourcing, and locations. Sec. 340. Report on Air Force airfield operational requirements. Sec. 341. Report on Navy surface ship repair contract costs. Subtitle E—Other Matters Sec. 351. Coast Guard representation on explosive safety board. Sec. 352. Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States. Sec. 353. Scope of authority for restoration of land due to mishap. Sec. 354. Repurposing and reuse of surplus Army firearms. Sec. 355. Study on phasing out open burn pits. Sec. 356. Notification requirements relating to changes to uniform of members of the uniformed services. Sec. 357. Reporting on future years budgeting by subactivity group. Sec. 358. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems. Sec. 359. Prioritization of environmental impacts for facilities sustainment, restora- tion, and modernization demolition. Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan. Sec. 361. U.S. Special Operations Command Civilian Personnel.

73 H. R. 5515—73 Subtitle A—Authorization of Appropriations SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. Subtitle B—Energy and Environment SEC. 311. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. G ENERAL .—Chapter 136 of title 10, United States Code, (a) I N as amended by section 851, is further amended by inserting after section 2283, as added by such section 851, the following new section: ‘‘SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. ‘‘(a) I G ENERAL .—The Secretary of Defense shall carry out N 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 ord- nance disposal support for commanders of geographic and functional combatant commands. ‘‘(b) R OLES , R ESPONSIBILITIES , AND A UTHORITIES .—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 Program within the Depart- ment of Defense to an Assistant Secretary of Defense; ‘‘(B) the Assistant Secretary of Defense to whom responsibility is assigned under paragraph (1) shall serve as the key individual for the Program responsible for devel- oping and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Depart- ment 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 responsible for providing oversight of the joint program executive officer who coordinates and integrates joint requirements for explosive ordnance dis- posal 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 a combat support agency to exercise fund management responsibility of the Department of Defense-wide program element for explosive ordnance dis- posal research, development, test, and evaluation, trans- actions other than contracts, cooperative agreements, and grants related to section 2371 of this title during research projects including rapid prototyping and limited procure- ment urgent activities, and acquisition; and

74 H. R. 5515—74 ‘‘(E) designate an Army explosive ordnance disposal- qualified general officer from the combat support agency designated under subparagraph (D) to serve as the Chair- man of the Department of Defense explosive ordnance dis- posal defense program board; and ‘‘(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 communica- tion equipment, and the integration of explosive ordnance dis- posal sets, kits and outfits and explosive ordnance disposal tools, equipment, sets, kits, and outfits developed by the depart- ment. ‘‘(c) A B NNUAL J USTIFICATION D OCUMENTS .— UDGET ‘‘(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 Pro- gram. ‘‘(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) operation and maintenance; and ‘‘(B) overseas contingency operations.’’. LERICAL A MENDMENT .—The table of sections at the begin- (b) C ning of such chapter, as amended by section 851, is further amended by inserting after the item relating to section 2283, as added by such section 851, the following new section: ‘‘2284. Explosive Ordnance Disposal Defense Program.’’. SEC. 312. FURTHER IMPROVEMENTS TO ENERGY SECURITY AND RESIL- IENCE. (a) E NERGY P OLICY A UTHORITY .—Section 2911(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1), (2), and (3) as para- graphs (3), (4), and (5), respectively; and (2) by inserting before paragraph (3), as so redesignated, the following new paragraphs: ‘‘(1) establish metrics and standards for the assessment of energy resilience; ‘‘(2) require the Secretary of a military department to per- form mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infra- structure, applying uniform mission standards established by the Secretary of Defense;’’.

75 H. R. 5515—75 (b) R E NERGY S ECURITY AND R ESILIENCE G OALS .— EPORTING ON Section 2911(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the installation energy report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience.’’. EPORTING ON I NSTALLATIONS E NERGY M ANAGEMENT , (c) R NERGY R ESILIENCE , AND M ISSION A SSURANCE .—Section 2925(a) E of title 10, United States Code, is amended— (1) by inserting ‘‘, including progress on energy resilience at military installations according to metrics developed by the Secretary’’ after ‘‘under section 2911 of this title’’; (2) in paragraph (3), by striking ‘‘the mission requirements associated with disruption tolerances based on risk to mission’’ and inserting ‘‘the downtimes (in minutes or hours) these mis- sions can afford based on their mission requirements and risk tolerances’’; (3) in paragraph (4), by inserting ‘‘(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)’’ after ‘‘energy requirements and crit- ical energy requirements’’; (4) by redesignating paragraph (5) as paragraph (7); and (5) by inserting after paragraph (4) the following new para- graphs: ‘‘(5) A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including crit- ical energy loads in megawatts), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used. ‘‘(6) A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.’’. (d) I E NERGY S ECURITY AND NCLUSION OF ESILIENCE AS P RIOR - R ITIES IN C ONTRACTS FOR E NERGY OR F UEL FOR M ILITARY I NSTALLA - TIONS .—Section 2922a(d) of title 10, United States Code, is amended to read as follows: ‘‘(d) The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.’’. (e) C ONVEYANCE A UTHORITY FOR U TILITY S YSTEMS .—Section 2688 of title 10, United States Code, is amended— (1) in subsection (d)(2), by adding at the end the following: ‘‘The business case analysis must also demonstrate how a

76 H. R. 5515—76 privatized system will operate in a manner consistent with subsection (g)(3).’’; and (2) in subsection (g)(3)— (A) by striking ‘‘may require’’ and inserting ‘‘shall require’’; and (B) by striking ‘‘consistent with energy resilience requirements and metrics’’ and inserting ‘‘consistent with energy resilience and cybersecurity requirements and asso- ciated metrics’’. EFINITION R ODIFICATION OF D E .—Section NERGY (f) M ESILIENCE 101(e)(6) of title 10, United States Code, is amended by striking ‘‘task critical assets and other’’. P T A CCEPT E NERGY O ERFORMANCE F INANCIAL UTHORITY (g) A NCENTIVES F ROM I TATE AND L OCAL G OVERNMENTS .—Section S 2913(c) of title 10, United States Code, is amended by inserting ‘‘a State or local government’’ after ‘‘generally available from’’. NERGY E NERGY C OST S AVINGS T O I MPLEMENT (h) U SE OF E R AND E NERGY ESILIENCE ONSERVATION C ONSTRUCTION C P ROJECTS .—Section 2912(b)(1) of title 10, United States Code, is amended by inserting ‘‘, including energy resilience and energy conservation construction projects,’’ after ‘‘energy security meas- ures’’. (i) A B ASIS FOR P RESERVATION OF P ROPERTY IN THE DDITIONAL ICINITY OF V ILITARY I NSTALLATIONS IN A GREEMENTS W ITH N ON - M F EDERAL E NTITIES ON U SE OF S UCH P ROPERTY .—Section 2684a(a)(2)(B) of title 10, United States Code, is amended— (1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’; and (2) by adding at the end of the following new clause: ‘‘(ii) maintains or improves military installation resil- ience; or’’. SEC. 313. 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 ground- water governing authorities, for the military installation in which the geothermal energy resource is located.’’. SEC. 314. OPERATIONAL ENERGY POLICY. (a) I N G ENERAL .—Section 2926 of title 10, United States Code, is amended— (1) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), (f), respectively;

77 H. R. 5515—77 (2) by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections: ‘‘(a) O NERGY P OLICY .—In carrying out section PERATIONAL E 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readi- ness of the armed forces for their military missions. ‘‘(b) A UTHORITIES .—The Secretary of Defense may— ‘‘(1) require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans; ‘‘(2) authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit anal- ysis for procurement of operational equipment; and ‘‘(3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy con- servation, and reduces logistical vulnerabilities.’’; and (3) in subsection (c), as redesignated by subparagraph (A)— LTER - (A) in the subsection heading, by striking ‘‘A NATIVE UEL A CTIVITIES ’’ and inserting ‘‘F UNCTIONS OF THE F A SSISTANT S ECRETARY OF D EFENSE FOR E NERGY , I NSTALLA - TIONS , E NVIRONMENT ’’; AND (B) by striking ‘‘heads of the military departments and the Assistant Secretary of Defense for Research and Engineering’’ and inserting ‘‘heads of the appropriate Department of Defense components’’; (C) in paragraph (1), by striking ‘‘lead the alternative fuel activities’’ and inserting ‘‘oversee the operational energy activities’’; (D) in paragraph (2), by striking ‘‘regarding the development of alternative fuels by the military depart- ments and the Office of the Secretary of Defense’’ and inserting ‘‘regarding the policies and investments that affect the use of operational energy across the Department of Defense’’; (E) in paragraph (3), by striking ‘‘prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense’’ and inserting ‘‘rec- ommend to the Secretary policy to improve warfighting capability through energy security and energy resilience’’; and (F) in paragraph (5), by striking ‘‘subsection (c)(4)’’ and inserting ‘‘subsection (e)(4)’’. (b) C ONFORMING A MENDMENTS .—(1) Section 2925(b)(1) of title 10, United States Code, is amended by striking ‘‘section 2926(b)’’ and inserting ‘‘section 2926(d)’’. (2) Section 1061(c)(55) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking ‘‘Section 2926(c)(4)’’ and inserting ‘‘Section 2926(e)(4)’’.

78 H. R. 5515—78 SEC. 315. FUNDING OF STUDY AND ASSESSMENT OF HEALTH IMPLICA- TIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. .—Paragraph (2) of section 316(a) of the National (a) F UNDING Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 91) is amended to read as follows: ‘‘(2) F UNDING .— ‘‘(A) S OURCE OF FUNDS .—The study and assessment performed pursuant to this section may be paid for using funds authorized to be appropriated to the Department of Defense under the heading ‘Operation and Maintenance, Defense-Wide’. ‘‘(B) T RANSFER AUTHORITY .—(i) Of the amounts author- ized to be appropriated for the Department of Defense for fiscal year 2018, not more than $10,000,000 shall be transferred by the Secretary of Defense, without regard to section 2215 of title 10, United States Code, to the Secretary of Health and Human Services to pay for the study and assessment required by this section. ‘‘(ii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $10,000,000 a year during fiscal years 2019 and 2020 to the Secretary of Health and Human Services to pay for the study and assessment required by this sec- tion. ‘‘(C) E XPENDITURE AUTHORITY .—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study and assessment under this section through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department for the purposes of carrying out this section. .— ELATIONSHIP TO OTHER TRANSFER AUTHORITIES ‘‘(D) R The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Department of Defense.’’. EPORT TO C - D EPARTMENT OF D EFENSE A SSESS ONGRESS ON (b) R MENT AND R EMEDIATION P LAN .—Not later than 180 days after the date on which the Administrator of the Environmental Protection Agency establishes a maximum contaminant level for per- and polyfluoroalkyl substances (PFAS) contamination in drinking water in a national primary drinking water regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1), the Secretary of Defense shall submit to the congressional defense committees a report containing a plan to— (1) assess any contamination at Department of Defense installations and surrounding communities that may have occurred from PFAS usage by the Department of Defense; (2) identify any remediation actions the Department plans to undertake using the maximum contaminant level established by the Environmental Protection Agency; (3) provide an estimate of the cost of such remediation and a schedule for accomplishing such remediation; and

79 H. R. 5515—79 (4) provide an assessment of past expenditures by local water authorities to address contamination before the Environ- mental Protection Agency established a maximum contaminant level and an estimate of the cost to reimburse communities that remediated water to a level not greater than such level. XPOSURE EALTH E SSESSMENT OF PFAS E H .— (c) A FFECTS OF The Secretary of Defense shall conduct an assessment of the human health implications of PFAS exposure. Such assessment shall include— (1) a meta-analysis that considers the current scientific evidence base linking the health effects of PFAS on individuals who served as members of the Armed Forces and were exposed to PFAS at military installations; (2) an estimate of the number of members of the Armed Forces and veterans who may have been exposed to PFAS while serving in the Armed Forces; (3) the development of a process that would facilitate the transfer between the Department of Defense and the Depart- ment of Veterans Affairs of health information of individuals who served in the Armed Forces and may have been exposed to PFAS during such service; and (4) a description of the amount of funding that would be required to administer a potential registry of individuals who may have been exposed to PFAS while serving in the Armed Forces. SEC. 316. EXTENSION OF AUTHORIZED PERIODS OF PERMITTED INCI- DENTAL 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 military readiness activity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 note), clause (i) shall be applied— ‘‘(I) in the matter preceding clause (I), by substituting ‘seven consecutive years’ for ‘five consecutive years’; and ‘‘(II) in clause (I), by substituting ‘seven-year’ for ‘five- year’.’’. SEC. 317. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION PROGRAMS. (a) F INDINGS .—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 contamina- tion 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.

80 H. R. 5515—80 (3) Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military muni- tions response program. (4) The installation restoration program sites and muni- tions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamina- tion, 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). ENSE OF C ONGRESS .—It is the sense of Congress that— (b) S (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 govern- ment 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 contamina- tion 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 con- cerns about the safety of the drinking water due to environ- mental 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. SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER RADARS AND MILITARY OPERATIONS. (a) I N G ENERAL .—The Secretary of Defense shall enter into an arrangement with the National Oceanic and Atmospheric Administration to conduct a study on how to improve existing National Oceanic and Atmospheric Administration and National Weather Service tools to reflect the latest data and policies to improve consistency in weather radars, with a focus on a research

81 H. R. 5515—81 and development and field test evaluation program to validate existing mitigation options and develop additional options for weather radar impact, in collaboration with the National Weather Service, the Department of Energy, and the Federal Aviation Administration, and with input from academia and industry. LEMENTS (b) E .—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 for weather forecasts and warnings used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service. (2) Recommendations to reduce, mitigate, or eliminate the potential impacts. (3) Recommendations for addressing the impacts to NEXRADs and weather radar due to increasing turbine heights. (4) Recommendations to ensure wind farms do not impact the ability of the National Oceanic and Atmospheric Adminis- tration and the National Weather Service to warn or forecast hazardous weather. (5) 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. (6) 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. (7) Case studies where the Department of Defense, the National Weather Service, and industry have worked together to implement solutions. (8) Mitigation options, including software and hardware upgrades, which the National Oceanic and Atmospheric Administration and the National Weather Service have researched and analyzed, and the results of such research and analysis. (9) A review of mitigation research performed to date by the Government and or academia. (10) Identification of future research opportunities, require- ments, and recommendations for the SENSR program to miti- gate energy development. UBMITTAL TO .—Not later than 12 months after ONGRESS C (c) S 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) S ITE I NVESTIGATION R EQUIRED .—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) R EPORT R EQUIRED .—Not later than 15 months after the date of the enactment of this Act, the Secretary of the Air Force

82 H. R. 5515—82 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. 320. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX, KENTUCKY. UTHORITY .— (a) A (1) I N GENERAL .—The Secretary of the Army is authorized to continue production, treatment, management, and use of the natural gas from covered wells at Fort Knox, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), with the limitation that the Secretary of the Army shall comply with the Mineral Leasing Act, Mineral Leasing Act for Acquired Lands, and the Federal Oil and Gas Royalty Management Act, for additional oil or natural gas drilling operations and production activities beyond the produc- tion from the covered wells at Fort Knox. (2) C ONTRACT AUTHORITY .—The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1), with the limitation that the authority provided in this section does not affect or authorize any interference with the Muldraugh Gas Storage Facility at Fort Knox. (b) R S TATE OF K ENTUCKY .— OYALTIES TO THE (1) I N GENERAL .—In implementing this section— (A) The Secretary of the Interior shall calculate the value of royalty payments, calculated on a calendar year basis beginning on the date of enactment of this section, that the State of Kentucky would have received under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) for future natural gas produced at Fort Knox under the authority of this section as though the natural gas had been produced under the Mineral Leasing Act for Acquired Lands, and provide the calculation to the Sec- retary of the Army. (B) Upon request of the Secretary of the Interior, the Secretary of the Army or its contractor shall promptly provide all information, documents, or other materials the Secretary of the Interior deems necessary to conduct this calculation. (C) The Secretary of the Army shall pay to the Treasury of the United States the value of royalty cal- culated under this section upon receipt of the calculation from the Secretary of the Interior. (D) The Secretary of the Interior shall disburse the sums collected from the Secretary of the Army pursuant to this paragraph to the State of Kentucky as though the funds were being disbursed to the State under section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355) no later than 6 months after the date of the enactment of this Act. (E) Regardless of the value of the royalty payments calculated under subparagraph (A), in no case may the amount of the sums disbursed under subparagraph (D) for any calendar year exceed $49,000. (2) W AIVER AUTHORITY .—The Governor of Kentucky may waive paragraph (1) by providing written notice to the Secretary of the Interior to that effect.

83 H. R. 5515—83 (c) O F ACILITIES .—The Secretary of the Army may WNERSHIP OF 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. The Secretary of the Interior shall have no responsibility for the plugging and abandonment of the covered wells at Fort Knox, the reclamation of the covered wells at Fort Knox, or any environmental damage caused or associated with the production of the covered wells at Fort Knox. (d) A PPLICABILITY .—The authority of the Secretary of the Army under this section is effective as of August 2, 2007. (e) L U SES .—Any natural gas produced under IMITATION ON the authority of this section may be used only to support energy security and energy resilience at Fort Knox. For purposes of this section, energy security and energy resilience include maintaining and continuing to produce natural gas from the covered wells at Fort Knox, and enhancing the Fort Knox energy grid through acquisition and maintenance of battery storage, loop transmission lines and pipelines, sub-stations, and automated circuitry. (f) S S TANDARDS FOR G AS W ELLS .—The covered wells AFETY at Fort Knox shall meet the same technical installation and oper- ating standards that they would have had to meet had they been installed under a lease pursuant to the Mineral Leasing Act for Acquired Lands. Such standards include the gas measurement requirements in the Federal Oil and Gas Royalty Management Act and the operational standards in the Onshore Oil and Gas Operating and Production regulations issued by the Bureau of Land Management. The Bureau of Land Management shall inspect and enforce the Army’s and its contractor’s compliance with the standards of the Mineral Leasing Act for Acquired Lands, the Federal Oil and Gas Royalty Management Act, and the Bureau of Land Management Onshore Oil and Gas Operating and Produc- tion regulations. W ELLS AT F ORT K NOX .—In this section, the term OVERED (g) C ‘‘covered wells at Fort Knox’’ means the 26 wells located at Fort Knox, Kentucky, as of the date of the enactment of this Act. Subtitle C—Logistics and Sustainment SEC. 321. AUTHORIZING USE OF WORKING CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS RELATED TO REVITALIZATION AND RECAPITAL- IZATION OF DEFENSE INDUSTRIAL BASE FACILITIES. Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(u) U SE FOR U NSPECIFIED M INOR M ILITARY C ONSTRUCTION P R EVITALIZE AND R ECAPITALIZE D EFENSE I NDUSTRIAL ROJECTS TO B ASE F ACILITIES .—(1) The Secretary of a military department may use a working capital fund of the department under this section to carry out an unspecified minor military construction project under section 2805 for the revitalization and recapitalization of a defense industrial base facility owned by the United States and under the jurisdiction of the Secretary.

84 H. R. 5515—84 ‘‘(2) Section 2805 shall apply with respect to a project carried out with a working capital fund under the authority of this sub- section in the same manner as such section applies to any unspec- ified minor military construction project under section 2805. ‘‘(3) In this subsection, the term ‘defense industrial base facility’ means any Department of Defense depot, arsenal, shipyard, or plant located within the United States. ‘‘(4) The authority to use a working capital fund to carry out a project under the authority of this subsection expires on Sep- tember 30, 2023.’’. SEC. 322. EXAMINATION OF NAVY VESSELS. E XAMINATIONS .—Subsection (a) of section 7304 (a) N OTICE OF of title 10, United States Code, is amended— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Sec- retary’’; and (2) by adding at the end the following new paragraph: ‘‘(2)(A) Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the vessel. ‘‘(B) Subparagraph (A) shall not apply to a vessel undergoing necessary trials before acceptance into the fleet.’’. (b) A NNUAL R EPORT .—Such section is further amended by adding at the end the following new subsection: .—(1) Not later than March 1 each year, NNUAL R EPORT ‘‘(d) A the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the fol- lowing: ‘‘(A) An overall narrative summary of the material readi- ness of Navy ships as compared to established material require- ments standards. ‘‘(B) The overall number and types of vessels inspected during the preceding fiscal year. ‘‘(C) For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years. ‘‘(2) Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction. ‘‘(3) No report shall be required under this subsection after October 1, 2021.’’. SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOY- MENT OF NAVAL VESSELS. (a) L .— IMITATION (1) I N 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) L IMITATION .—The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register 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.

85 H. R. 5515—85 ‘‘(b) V S PECIFIED .—A naval vessel specified in this sub- ESSELS section is any of the following: ‘‘(1) Aircraft carrier. ‘‘(2) Amphibious ship. ‘‘(3) Cruiser. ‘‘(4) Destroyer. ‘‘(5) Frigate. ‘‘(6) Littoral Combat Ship. ‘‘(c) W AIVER .—The Secretary of the Navy may waive the limita- tion 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) C .—The table of sections at the LERICAL AMENDMENT 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) T REATMENT OF C URRENTLY D EPLOYED V ESSELS .—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) C ONGRESSIONAL B RIEFING .—Not later than October 1, 2020, 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 appropria- tions have historically funded workload; and (2) account for the varying repair cycle times of the work- load 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) L IMITATION .—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

86 H. R. 5515—86 of the real property consisting of the Former Ship Repair Facility in Guam. (b) E XCEPTION .—The limitation under subsection (a) does not apply to any project that directly supports depot-level ship mainte- nance capabilities, including the mooring of a floating dry dock. G HIP R EPAIR (c) F ACILITY IN ORMER UAM .—In this section, S F 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 Realign- ment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELOCATION OF J85 ENGINE REGIONAL REPAIR CENTER. (a) B C ASE A NALYSIS .—The Secretary of the Air Force USINESS 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 mitiga- tion 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. IMITATION ON U SE OF .—None of UNDS FOR R ELOCATION F (b) L 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. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS. (a) R EPORT R EQUIRED .—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 require- ments for, and components of, a pilot program to provide resilience for critical national security infrastructure at Department of Defense facilities with high energy intensity and currently expen- sive utility rates 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.

87 H. R. 5515—87 (b) C .—As necessary to develop the report required ONSULTATION 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 Administra- tion. (c) C ONTENTS .—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 pro- vide 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. EFINITIONS .—In this section: (d) D (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) F ORM .—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix. (f) L IMITATIONS .—This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.

88 H. R. 5515—88 SEC. 328. LIMITATION ON MODIFICATIONS TO NAVY FACILITIES SUSTAINMENT, RESTORATION, AND MODERNIZATION STRUCTURE AND MECHANISM. The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Mod- ernization structure or mechanism that would modify duty relation- ships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congres- sional defense committees. Subtitle D—Reports SEC. 331. REPORTS ON READINESS. NIFORM A PPLICABILITY OF R EADINESS R (a) U EPORTING S .—Subsection (b) of section 117 of title 10, United States YSTEM Code, is amended— (1) by inserting ‘‘and maintaining’’ after ‘‘establishing’’; (2) in paragraph (1), by striking ‘‘reporting system is applied uniformly throughout the Department of Defense’’ and inserting ‘‘reporting system and associated policies are applied uniformly throughout the Department of Defense, including between and among the joint staff and each of the armed forces’’; (3) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; (4) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) that is the single authoritative readiness reporting system for the Department, and that there shall be no military service specific systems; ‘‘(3) that readiness assessments are accomplished at an organizational level at, or below, the level at which forces are employed; ‘‘(4) that the reporting system include resources informa- tion, force posture, and mission centric capability assessments, as well as predicted changes to these attributes;’’; and (5) in paragraph (5), as redesignated by paragraph (3) of this subsection, by inserting ‘‘, or element of a unit,’’ after ‘‘readiness status of a unit’’. .—Such sec- APABILITIES OF R EADINESS R EPORTING S YSTEM (b) C tion is further amended in subsection (c)— (1) in paragraph (1)— (A) by striking ‘‘Measure, on a monthly basis, the capa- bility of units’’ and inserting ‘‘Measure the readiness of units’’; and (B) by striking ‘‘conduct their assigned wartime mis- sions’’ and inserting ‘‘conduct their designed and assigned missions’’; (2) in paragraph (2)— (A) by striking ‘‘Measure, on an annual basis,’’ and inserting ‘‘Measure’’; and (B) by striking ‘‘wartime missions’’ and inserting ‘‘designed and assigned missions’’; (3) in paragraph (3)— (A) by striking ‘‘Measure, on an annual basis,’’ and inserting ‘‘Measure’’; and

89 H. R. 5515—89 (B) by striking ‘‘wartime missions’’ and inserting ‘‘designed and assigned missions’’; (4) in paragraph (4), by striking ‘‘Measure, on a monthly basis,’’ and inserting ‘‘Measure’’; (5) in paragraph (5), by striking ‘‘Measure, on an annual basis,’’ and inserting ‘‘Measure’’; (6) by striking paragraphs (6) and (8) and redesignating paragraph (7) as paragraph (6); and (7) in paragraph (6), as so redesignated, by striking ‘‘Measure, on a quarterly basis,’’ and inserting ‘‘Measure’’. (c) S ANNUAL AND M ONTHLY J EMI R EADINESS R EVIEWS .— - OINT Such section is further amended in subsection (d)(1)(A) by inserting ‘‘, which includes a validation of readiness data currency and accuracy’’ after ‘‘joint readiness review’’. (d) Q R EPORT ON C HANGE IN C URRENT UARTERLY TATE OF S R EADINESS .—Such section is further amended— NIT U (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) Q R EPORT ON M ONTHLY C HANGES IN C URRENT UARTERLY NITS R EADINESS OF U TATE OF .—For each quarter that begins after S the date of the enactment of this subsection and ends on or before September 30, 2023, the Secretary shall submit to the congressional defense committees a report on each monthly upgrade or downgrade of the current state of readiness of a unit that was issued by the commander of a unit during the previous quarter, together with the rationale of the commander for the issuance of such upgrade or downgrade.’’. (e) A EPORT TO C ONGRESS ON O PERATIONAL R ONTRACT NNUAL C UPPORT .—Such section is further amended by inserting after the S new subsection (f), as added by subsection (d)(2) of this section, the following new subsection: ‘‘(g) A S R O PERATIONAL C NNUAL EPORT ON UPPORT .— ONTRACT The Secretary shall each year submit to the congressional defense committees a report in writing containing the results of the most recent annual measurement of the capability of operational contract support to support current and anticipated wartime missions of the armed forces. Each such report shall be submitted in unclassi- fied form, but may include a classified annex.’’. (f) R EGULATIONS .—Such section is further amended in sub- section (h), as redesignated by subsection (d)(1) of this section, by striking ‘‘prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting’’ and inserting ‘‘prescribe the established informa- tion technology system for Department of Defense reporting, specifi- cally authorize exceptions to a single-system architecture, and iden- tify the organizations, units, and entities that are subject to reporting in the readiness reporting system, what organization resources are subject to such reporting’’. (g) C ONFORMING A MENDMENTS .— (1) S .—Such section is further amended ECTION HEADING in the section heading by striking ‘‘ : establishment; reporting to congressional committees ’’. (2) T ABLE OF SECTIONS .—The table of sections at the begin- ning of chapter 2 is amended by striking the item relating to section 117 and inserting the following new item: ‘‘117. Readiness reporting system.’’.

90 H. R. 5515—90 SEC. 332. MATTERS FOR INCLUSION IN QUARTERLY REPORTS ON PER- SONNEL 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)— SSIGNED (A) in the subsection heading, by striking ‘‘A M ISSION ’’; (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 com- mand of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.’’. SEC. 333. ANNUAL COMPTROLLER GENERAL REVIEWS OF READINESS OF ARMED FORCES TO CONDUCT FULL SPECTRUM OPER- ATIONS. EVIEWS (a) R EQUIRED .—For each of calendar years 2018 R 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. R EVIEW .—In conducting a review under sub- LEMENTS OF (b) E section (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) M ETRICS .—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. CCESS TO R ELEVANT D ATA .—For purposes of this section, (d) A the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—

91 H. R. 5515—91 (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. EPORTS .— (e) R (1) A NNUAL 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. DDITIONAL REPORTS (2) A .—At the discretion of the Comp- troller 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. 334. SURFACE WARFARE TRAINING IMPROVEMENT. INDINGS .—Congress makes the following findings: (a) F (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 naviga- tion. (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 mer- chant mariner licenses and certifications. (5) The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assess- ments/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 qualifica- tions program and that a similar Navy program does not exist. (b) S ENSE OF C ONGRESS .—It is the sense of Congress that— (1) the Secretary of the Navy should establish a comprehen- sive individual proficiency assessment process and include such

92 H. R. 5515—92 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 can- didates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards. (c) R EPORT .—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. 335. REPORT ON OPTIMIZING SURFACE NAVY VESSEL INSPEC- TIONS AND CREW CERTIFICATIONS. EPORT R EQUIRED .—Not later than one year after the date (a) R 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 inspec- tion type visits that vessels undergo. Such report shall include— (1) an audit of all surface Navy vessel inspections, certifi- cations, 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 inspec- tions, 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) C ONGRESSIONAL B RIEFING .—Not later than January 31, 2019, the Secretary of the Navy shall provide to the Senate Com- mittee 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. 336. 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 States Code) for the Department of Defense,

93 H. R. 5515—93 Army, Navy, Marine Corps, Air Force, Special Operations Com- mand, and any other unified command identified by the Sec- retary, 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 2464, 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 Com- mand. SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILITIES OF ACTIVE AND RESERVE COMPONENTS. (a) S C ONGRESS .—It is the sense of Congress that ENSE OF wildfires endanger national security. (b) R EPORT .—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 inter- agency 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 CAR- RIERS AND VIRGINIA-CLASS AND COLUMBIA-CLASS SUB- MARINES. 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 the 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 manu- facturing base resulting from contractors or subcontractors relo- cating 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 the national security of the United States, including the likelihood of produc- tion delay or reduction in quality of steam turbines. (2) The impact on national security from a delay in produc- tion of aircraft carriers and submarines. (3) The impacts on regional suppliers the current produc- tion of steam turbines draw on and their ability to perform other contracts should a relocation happen.

94 H. R. 5515—94 (4) The impact on the national industrial and manufac- turing 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. 339. REPORT ON SPECIALIZED UNDERGRADUATE PILOT TRAINING PRODUCTION, RESOURCING, AND LOCATIONS. G ENERAL .—Not later than March 1, 2019, the Secretary (a) I N of the Air Force shall submit to the congressional defense commit- tees a report on existing Specialized Undergraduate Pilot Training (SUPT) production, resourcing, and locations. (b) E .—The report required under subsection (a) shall LEMENTS include the following elements: (1) A description of the strategy of the Air Force for utilizing existing SUPT locations to produce the number of pilots the Air Force requires. (2) The number of pilots that each SUPT location has graduated, by year, over the previous 5 fiscal years. (3) The forecast number of pilots that each SUPT location will produce for fiscal year 2019. (4) The maximum production capacity of each SUPT loca- tion. (5) The extent to which existing SUPT installations are operating at maximum capacity in terms of pilot production. (6) A cost estimate of the resources required for each SUPT location to reach maximum production capacity. (7) A determination as to whether increasing production capacity at existing SUPT locations will satisfy the Air Force’s SUPT requirement. (8) A timeline and cost estimation of establishing a new SUPT location. (9) A discussion of whether the Air Force plans to operate existing SUPT installations at maximum capacity over the future years defense program. (10) A business case analysis comparing the establishment of a new SUPT location to increasing production capacity at existing SUPT locations. SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIRE- MENTS. (a) I N G ENERAL .—Not later than February 1, 2019, the Sec- retary of the Air Force shall conduct an assessment and submit to the congressional defense committees a report detailing the oper- ational requirements for Air Force airfields. (b) E LEMENTS .—The report required under subsection (a) shall include the following elements: (1) An assessment of the state of airfields where runway degradation currently poses a threat to operations and airfields where such degradation threatens operations in the next five and ten years. (2) A description of the operational requirements for air- fields, including an assessment of the impact to operations, cost to repair, cost to replace, remaining useful life, and the required daily maintenance to ensure runways are acceptable for full operations. (3) A description of any challenges with infrastructure acquisition methods and processes.

95 H. R. 5515—95 (4) An assessment of the operational impact in the event a runway were to become inoperable due to a major degradation incident, such as a crack or fracture resulting from lack of maintenance and repair. (5) A plan to address any shortfalls associated with the Air Force’s runway infrastructure. (c) F ORM .—The report required under subsection (a) shall be in unclassified form but may contain a classified annex as necessary. SEC. 341. REPORT ON NAVY SURFACE SHIP REPAIR CONTRACT COSTS. EPORT R EQUIRED (a) R .—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on Navy surface ship repair contract costs. LEMENTS .—The report required under subsection (a) shall (b) E include, for each private sector maintenance availability for a conventionally-powered Navy surface ship for the prior two com- pleted fiscal years, the following elements: (1) Name of the ship. (2) Location of the availability. (3) Prime contractor performing the availability. (4) Date of the contract award. (5) Type of contract used, such as firm-fixed-price or cost- plus-fixed-fee. (6) Solicitation number. (7) Number of offers received in response to the solicitation. (8) Contract target cost at the date of contract award. (9) Contract ceiling cost of the contract at the date of contract award. (10) Duration of the availability in days, including start and end dates, at the date of contract award. (11) Final contract cost. (12) Final delivery cost. (13) Actual duration of the availability in days, including start and end dates. (14) Description of growth work that was added after the contract award, including the associated cost. (15) Explanation of why the growth work described in paragraph (14) was not included in the scope of work associated with the original contract award. Subtitle E—Other Matters SEC. 351. 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.’’.

96 H. R. 5515—96 SEC. 352. TRANSPORTATION TO CONTINENTAL UNITED STATES OF RETIRED MILITARY WORKING DOGS OUTSIDE THE CONTI- NENTAL UNITED STATES THAT ARE SUITABLE FOR ADOP- TION IN THE UNITED STATES. Section 2583(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3)(A) In the case of a military working dog located outside the continental United States at the time of retirement that is suitable for adoption at that time, the Secretary of the military department concerned shall undertake transportation of the dog to the continental United States (including transportation by con- tract at United States expense) for adoption under this section unless— ‘‘(i) the dog is adopted as described in paragraph (2)(A); or ‘‘(ii) transportation of the dog to the continental United States would not be in the best interests of the dog for medical reasons. ‘‘(B) Nothing in this paragraph shall be construed to alter the preference in adoption of retired military working dogs for former handlers as set forth in subsection (g).’’. SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE TO MISHAP. Subsection (e) of section 2691 of title 10, United States Code, as added by section 2814 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1849), is amended by adding at the end the following new paragraph: ‘‘(3) The authority under paragraphs (1) and (2) includes activi- ties and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with adminis- trative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.’’. SEC. 354. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS. Section 348(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended by inserting ‘‘shredded or’’ before ‘‘melted and repurposed’’. SEC. 355. STUDY ON PHASING OUT OPEN BURN PITS. (a) R .—Not later than 180 days after the date of the EPORT enactment of this Act, the Secretary of Defense shall submit to Congress a report that includes— (1) details of any ongoing use of open burn pits; and (2) the feasibility of phasing out the use of open burn pits by using technology incinerators. PEN B URN P IT D EFINED .—In this section, the term ‘‘open (b) O 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 inciner- ator or other equipment specifically designed and manufactured for the burning of solid waste.

97 H. R. 5515—97 SEC. 356. NOTIFICATION REQUIREMENTS RELATING TO CHANGES TO UNIFORM OF MEMBERS OF THE UNIFORMED SERVICES. (a) DLA N OTIFICATION .—The Secretary of a military depart- ment shall notify the Commander of the Defense Logistics Agency of any plan to implement a change to any uniform or uniform component of a member of the uniformed services. Such notification shall be made not less than three years prior to the implementation of such change. N OTIFICATION (b) C ONTRACTOR .—The Commander of the Defense Logistics Agency shall notify a contractor when one of the uniformed services plans to make a change to a uniform compo- nent 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 component. (c) W .—If the Secretary of a military department or the AIVER Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely affect operational safety, force protection, or the national security interests of the United States, the Secretary or the Commander may waive such requirement. SEC. 357. REPORTING ON FUTURE YEARS BUDGETING BY SUBACTIVITY GROUP. Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include in the OP-5 Justification Books, as detailed by Department of Defense Financial Management Regula- tion 7000.14–R, the amount for each individual subactivity group, as detailed in the Department’s future years defense program pursu- ant to section 221 of title 10, United States Code. SEC. 358. LIMITATION ON AVAILABILITY OF FUNDS FOR SERVICE-SPE- CIFIC DEFENSE READINESS REPORTING SYSTEMS. (a) L .—None of the funds authorized to be appro- IMITATION priated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for research, development, test, and evaluation or procurement, and available to develop service- specific Defense Readiness Reporting Systems (referred to in this section as ‘‘DRRS’’) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (referred to in this section as ‘‘DRRS-S’’). (b) P LAN .—Not later than February 1, 2019, the Under Sec- retary for Personnel and Readiness shall submit to the congressional defense committees a resource and funding plan to include a schedule with relevant milestones on the elimination of service- specific DRRS and the migration of the military services and other organizations to DRRS-S. (c) T RANSITION .—The military services shall complete the transition to DRRS-S not later than October 1, 2019. The Secretary of Defense shall notify the congressional defense committees upon the complete transition of the services. (d) R EPORTING R EQUIREMENT .— N GENERAL .—The Under Secretary for Personnel and (1) I Readiness, the Under Secretary for Acquisition and Sustainment, and the Under Secretary for Research and

98 H. R. 5515—98 Engineering, in coordination with the Secretaries of the military departments and other organizations with relevant technical expertise, shall establish a working group including individuals with expertise in application or software development, data science, testing, and development and assessment of perform- ance metrics to assess the current process for collecting, ana- lyzing, and communicating readiness data, and develop a strategy for implementing any recommended changes to improve and establish readiness metrics using the current DRRS-Strategic platform. (2) E LEMENTS .—The assessment conducted pursuant to paragraph (1) shall include— (A) identification of modern tools, methods, and approaches to readiness to more effectively and efficiently collect, analyze, and make decision based on readiness data; and (B) consideration of cost and schedule. (3) S .—Not later than February UBMISSION TO CONGRESS 1, 2020, the Secretary of Defense shall submit to the congres- sional defense committees the assessment conducted pursuant to paragraph (1). .—To the EFENSE R EADINESS R EPORTING R EQUIREMENTS (e) D maximum extent practicable, the Secretary of Defense shall meet defense readiness reporting requirements consistent with the rec- ommendations of the working group established under subsection (d)(1). SEC. 359. PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR FACILI- TIES SUSTAINMENT, RESTORATION, AND MODERNIZATION DEMOLITION. The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization (FSRM) process. Those metrics shall include full spectrum readiness and environ- mental impacts, including the removal of contamination. SEC. 360. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT SAINTE MARIE, MICHIGAN. It is the sense of Congress that— (1) the Soo Locks in Sault Ste. Marie, Michigan, are of critical importance to the national security of the United States; (2) the Soo Locks are the only waterway connection from Lake Superior to the Lower Great Lakes and the St. Lawrence Seaway; (3) only the Poe Lock is of sufficient size to allow for the passage of the largest cargo vessels that transport well over 90 percent of all iron ore mined in the United States, and this lock is nearing the end of its 50-year useful lifespan; (4) a report issued by the Office of Cyber and Infrastructure Analysis of the Department of Homeland Security concluded that an unscheduled 6-month outage of the Poe Lock would cause— (A) a dramatic increase in national and regional unemployment; and (B) 75 percent of Great Lakes steel production, and nearly all North American appliance, automobile, railcar, and construction, farm, and mining equipment production to cease;

99 H. R. 5515—99 (5) the Corps of Engineers is reevaluating a past economic evaluation report to update the benefit-to-cost ratio for building a new lock at the Soo Locks; and (6) the Secretary of the Army and all relevant Federal agencies should— (A) expedite the completion of the report described in paragraph (5) and ensure the analysis adequately reflects the critical importance of the Soo Locks infrastruc- ture to the national security and economy of the United States; and (B) expedite all other necessary reviews, analysis, and approvals needed to speed the required upgrades at the Soo Locks. SEC. 361. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN PERSONNEL. Notwithstanding section 143 of title 10, United States Code, of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide for United States Special Oper- ations Command civilian personnel, not less than $4,000,000 shall be used to fund additional civilian personnel in or directly sup- porting the office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to support the Assistant Secretary in fulfilling the additional responsibilities of the Assistant Secretary that were added by the amendments to sections 138(b)(4), 139b, and 167 of title 10, United States Code, made by section 922 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328). TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Subtitle A—Active Forces SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2019, as follows: (1) The Army, 487,500. (2) The Navy, 335,400. (3) The Marine Corps, 186,100. (4) The Air Force, 329,100.

100 H. R. 5515—100 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs: ‘‘(1) For the Army, 487,500. ‘‘(2) For the Navy, 335,400. ‘‘(3) For the Marine Corps, 186,100. ‘‘(4) For the Air Force, 329,100.’’. Subtitle B—Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE. G ENERAL .—The Armed Forces are authorized strengths (a) I N 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. ND S (b) E R EDUCTIONS .—The end strengths prescribed TRENGTH 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. ND (c) E TRENGTH I NCREASES .—Whenever units or individual S 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 SUP- PORT 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.

101 H. R. 5515—101 (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, 15,861. (4) For the Air Force Reserve, 8,880. SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2019, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. Subtitle C—Authorization of Appropriations SEC. 421. MILITARY PERSONNEL. (a) A UTHORIZATION OF A PPROPRIATIONS .—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 Depart- ment of Defense for expenses, not otherwise provided for, for mili- tary personnel, as specified in the funding table in section 4401. ONSTRUCTION OF A UTHORIZATION .—The authorization of (b) C appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2019. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer. Sec. 502. Enhancement of availability of constructive service credit for private sec- tor training or experience upon original appointment as a commissioned officer. Sec. 503. Standardized temporary promotion authority across the military depart- ments for officers in certain grades with critical skills. Sec. 504. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list. Sec. 505. Authority for officers to opt out of promotion board consideration. Sec. 506. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

102 H. R. 5515—102 Sec. 507. Alternative promotion authority for officers in designated competitive cat- egories of officers. Sec. 508. Attending Physician to the Congress. Sec. 509. Matters relating to satisfactory service in grade for purposes of retire- ment grade of officers in highest grade of satisfactory service. Sec. 510. Grades of Chiefs of Chaplains. Sec. 511. Repeal of original appointment qualification requirement for warrant offi- cers in the regular Army. Sec. 512. Reduction in number of years of active naval service required for perma- nent appointment as a limited duty officer. Sec. 513. Authority to designate certain reserve officers as not to be considered for selection for promotion. Sec. 514. GAO review of surface warfare career paths. Subtitle B—Reserve Component Management Sec. 515. Authorized strength and distribution in grade. Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Com- mittee by members on active duty. Sec. 517. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau. Sec. 518. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion. Sec. 519. National Guard Youth Challenge Program. Sec. 520. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruit- ers. Subtitle C—General Service Authorities and Correction of Military Records 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. Assessment of Navy standard workweek and related adjustments. Sec. 525. Notification on manning of afloat naval forces. Sec. 526. Navy watchstander records. Sec. 527. Qualification experience requirements for certain Navy watchstations. Subtitle D—Military Justice Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggra- vated assault for purposes of the Uniform Code of Military Justice. Sec. 532. Punitive article on domestic violence under the Uniform Code of Military Justice. Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel to victims of domestic violence. Sec. 535. Uniform command action form on disposition of unrestricted sexual as- sault cases involving members of the Armed Forces. Sec. 536. Standardization of policies related to expedited transfer in cases of sexual assault or domestic violence. Subtitle E—Other Legal Matters Sec. 541. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review. Sec. 542. Security clearance reinvestigation of certain personnel who commit cer- tain offenses. Sec. 543. Development of oversight plan for implementation of Department of De- fense harassment prevention and response policy. Sec. 544. Oversight of registered sex offender management program. Sec. 545. Development of resource guides regarding sexual assault for the military service academies. Sec. 546. Improved crime reporting. Sec. 547. Report on victims of sexual assault in reports of military criminal inves- tigative organizations. Subtitle F—Member Education, Training, Resilience, and Transition Sec. 551. Permanent career intermission program. Sec. 552. Improvements to Transition Assistance Program. Sec. 553. Repeal of program on encouragement of postseparation public and com- munity service.

103 H. R. 5515—103 Sec. 554. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve. Sec. 555. Employment and compensation of civilian faculty members at the Joint Special Operations University. Sec. 556. Program to assist members of the Armed Forces in obtaining professional credentials. Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’ Training Corps programs. Sec. 558. Expansion of period of availability of Military OneSource program for re- tired and discharged members of the Armed Forces and their immediate families. Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses. Subtitle G—Defense Dependents’ Education Sec. 561. Assistance to schools with military dependent students. Sec. 562. Department of Defense Education Activity policies and procedures on sex- ual harassment of students of Activity schools. Sec. 563. Department of Defense Education Activity misconduct database. Sec. 564. Assessment and report on active shooter threat mitigation at schools lo- cated on military installations. Subtitle H—Military Family Readiness Matters Sec. 571. Department of Defense Military Family Readiness Council matters. Sec. 572. Enhancement and clarification of family support services for family mem- bers of members of special operations forces. Sec. 573. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 574. Improvement of My Career Advancement Account program for military spouses. Sec. 575. Assessment and report on the effects of permanent changes of station on employment among military spouses. Sec. 576. Provisional or interim clearances to provide childcare services at military childcare centers. Sec. 577. Multidisciplinary teams for military installations on child abuse and other domestic violence. Sec. 578. Pilot program for military families: prevention of child abuse and training on safe childcare practices. Sec. 579. Assessment and report on small business activities of military spouses on military installations in the United States. Subtitle I—Decorations and Awards Sec. 581. Atomic veterans service certificate. Sec. 582. Award of medals or other commendations to handlers of military working dogs. Sec. 583. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom. Subtitle J—Miscellaneous Reports and Other Matters Sec. 591. Annual defense manpower requirements report matters. Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas. Sec. 593. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies. Sec. 594. National Commission on Military, National, and Public Service matters. Sec. 595. Public availability of top-line numbers of deployed members of the Armed Forces. Sec. 596. Report on general and flag officer costs. Sec. 597. Study on active service obligations for medical training with other service obligations for education or training and health professional recruiting. Sec. 598. Criteria for interment at Arlington National Cemetery. Sec. 599. Limitation on use of funds pending submittal of report on Army Mar- keting and Advertising Program. Sec. 600. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

104 H. R. 5515—104 Subtitle A—Officer Personnel Policy SEC. 501. REPEAL OF REQUIREMENT FOR ABILITY TO COMPLETE 20 YEARS OF SERVICE BY AGE 62 AS QUALIFICATION FOR ORIGINAL APPOINTMENT AS A REGULAR COMMISSIONED OFFICER. (a) R .—Subsection (a) of section 532 of title 10, United EPEAL States Code, is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3), (4), and (5) as para- graphs (2), (3), and (4), respectively. A MENDMENT .—Such section is further ONFORMING (b) C amended by striking subsection (d). FFECTIVE D ATE .—The amendments made by this section (c) E shall take effect on the date of the enactment of this Act, and shall apply with respect to original appointments of regular commis- sioned officers of the Armed Forces made on or after that date. SEC. 502. ENHANCEMENT OF AVAILABILITY OF CONSTRUCTIVE SERVICE CREDIT FOR PRIVATE SECTOR TRAINING OR EXPERIENCE UPON ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER. EGULAR O (a) R .— FFICERS (1) I N GENERAL .—Subsection (b) of section 533 of title 10, United States Code, is amended— (A) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D): ‘‘(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.’’; and (B) in paragraph (2)— (i) by striking ‘‘Except as authorized by the Sec- retary concerned in individual cases and under regula- tions prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount’’ and inserting ‘‘The amount’’; and (ii) by striking ‘‘in the grade of major in the Army, Air Force, or Marine Corps or lieutenant commander in the Navy’’ and inserting ‘‘in the grade of colonel in the Army, Air Force, or Marine Corps or captain in the Navy’’. (2) R EPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT FOR CRITICALLY NECESSARY CYBERSPACE - RELATED EXPERI - ENCE .—Such section is further amended— (A) in subsections (a)(2) and (c), by striking ‘‘or (g)’’; and (B) by striking subsection (g). .— ESERVE O FFICERS (b) R (1) I N GENERAL .—Subsection (b) of section 12207 of title 10, United States Code, is amended— (A) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D): ‘‘(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary

105 H. R. 5515—105 concerned, if such training or experience is directly related to the operational needs of the armed force concerned.’’; and (B) by striking paragraph (3) and inserting the fol- lowing new paragraph (3): ‘‘(3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.’’. (2) R EPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT FOR CYBERSPACE - RELATED EXPERI - CRITICALLY NECESSARY .—Such section is further amended— ENCE (A) by striking subsection (e); (B) by redesignating subsections (f) and (g) as sub- sections (e) and (f), respectively; and (C) in subsection (e), as redesignated by subparagraph (B), by striking ‘‘, (d), or (e)’’ and inserting ‘‘or (d)’’. SEC. 503. STANDARDIZED TEMPORARY PROMOTION AUTHORITY ACROSS THE MILITARY DEPARTMENTS FOR OFFICERS IN CERTAIN GRADES WITH CRITICAL SKILLS. TANDARDIZED T EMPORARY P ROMOTION (a) S UTHORITY .— A (1) I N GENERAL .—Chapter 35 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant N ENERAL .—An officer in the grade of first lieutenant, ‘‘(a) I G captain, major, or lieutenant colonel in the Army, Air Force, or Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in sub- section (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appoint- ments under this section shall be made by the President, by and with the advice and consent of the Senate. OVERED O FFICERS .—An officer described in this subsection ‘‘(b) C is any officer in a grade specified in subsection (a) who— ‘‘(1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and ‘‘(2) is serving in a position (as determined by the Secretary of the military department concerned) that— ‘‘(A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, com- mander, or captain in the Navy, as applicable; and ‘‘(B) requires that an officer serving in such position have the skill possessed by such officer. ‘‘(c) P RESERVATION OF P OSITION AND S TATUS OF O FFICERS PPOINTED .—An appointment under this section does not change A

106 H. R. 5515—106 the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer. ‘‘(d) B R R EQUIRED .—A temporary pro- OARD ECOMMENDATION motion under this section may be made only upon the recommenda- tion of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions. ‘‘(e) A E FFECTIVE D ATE OF CCEPTANCE AND PPOINTMENT .—Each A appointment under this section, unless expressly declined, is, with- out formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made. ERMINATION OF A PPOINTMENT .—Unless sooner terminated, ‘‘(f) T an appointment under this section terminates— ‘‘(1) on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieuten- ant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy; or ‘‘(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a pro- motion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade. ‘‘(g) L N UMBER OF E IMITATION ON P OSITIONS .—An LIGIBLE appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following: ‘‘(1) In the case of the Army— ‘‘(A) as captain, 120; ‘‘(B) as major, 350; ‘‘(C) as lieutenant colonel, 200; and ‘‘(D) as colonel, 100. ‘‘(2) In the case of the Air Force— ‘‘(A) as captain, 100; ‘‘(B) as major, 325; ‘‘(C) as lieutenant colonel, 175; and ‘‘(D) as colonel, 80. ‘‘(3) In the case of the Marine Corps— ‘‘(A) as captain, 50; ‘‘(B) as major, 175; ‘‘(C) as lieutenant colonel, 100; and ‘‘(D) as colonel, 50. ‘‘(4) In the case of the Navy— ‘‘(A) as lieutenant, 100; ‘‘(B) as lieutenant commander, 325; ‘‘(C) as commander, 175; and ‘‘(D) as captain, 80.’’.

107 H. R. 5515—107 (2) C .—The table of sections at the LERICAL AMENDMENT beginning of chapter 35 of such title is amended by adding at the end the following new item: ‘‘605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant.’’. (b) R UPERSEDED A UTHORITY A PPLICABLE TO N AVY EPEAL OF S .— IEUTENANTS L (1) R EPEAL .—Chapter 544 of title 10, United States Code, is repealed. (2) C LERICAL AMENDMENTS .—The tables of chapters at the beginning of title 10, United States Code, and at the beginning of subtitle C of such title, are each amended by striking the item relating to chapter 544. SEC. 504. AUTHORITY FOR PROMOTION BOARDS TO RECOMMEND OFFI- CERS OF PARTICULAR MERIT BE PLACED HIGHER ON A PROMOTION LIST. G ENERAL .—Section 616 of title 10, United States Code, (a) I N is amended by adding at the end the following new subsection: ‘‘(g)(1) In selecting the officers to be recommended for pro- motion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of par- ticular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Sec- retary under section 624(a)(1) of this title. ‘‘(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title. ‘‘(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.’’. ROMOTION S ELECTION B OARD R EPORTS R ECOMMENDING (b) P O P ARTICULAR M ERIT B E P LACED H IGHER ON P FFICERS OF ROMOTION L .—Section 617 of such title is amended by adding at the end IST the following new subsection: ‘‘(d) A selection board convened under section 611(a) of this title shall, when authorized under section 616(g) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.’’. (c) O FFICERS OF P ARTICULAR M ERIT A PPEARING H IGHER ON P L IST .—Section 624(a)(1) of such title is amended in ROMOTION the first sentence by adding at the end ‘‘or based on particular merit, as determined by the promotion board’’. SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION. (a) A CTIVE -D UTY L IST O FFICERS .—Section 619 of title 10, United States Code, is amended— (1) in subsection (d), by adding at the end the following new paragraph:

108 H. R. 5515—108 ‘‘(6) An officer excluded under subsection (e).’’; and (2) by adding at the end the following new subsection: ELECTION O A LLOW O FFICERS T O O PT O UT OF S T ‘‘(e) A UTHORITY OARD ONSIDERATION .—(1) The Secretary of a military department B C may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Sec- retary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade. ‘‘(2) The Secretary concerned may only approve a request under paragraph (1) if— ‘‘(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education; ‘‘(B) the Secretary determines the exclusion from consider- ation is in the best interest of the military department con- cerned; and ‘‘(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclu- sion from consideration.’’. ESERVE A CTIVE (b) R TATUS L IST O FFICERS .—Section 14301 of -S such title is amended— (1) in subsection (c)— (A) in the subsection heading, by striking ‘‘P REVIOUSLY S ELECTED O FFICERS N OT E LIGIBLE ’’ and inserting ‘‘C ERTAIN O FFICERS OT ’’; and N (B) by adding at the end the following new paragraph: ‘‘(6) An officer excluded under subsection (j).’’; and (2) by adding at the end the following new subsection: UTHORITY T O A LLOW O FFICERS ‘‘(j) A O O PT O UT OF S ELECTION T B OARD C ONSIDERATION .—(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Sec- retary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade. ‘‘(2) The Secretary concerned may only approve a request under paragraph (1) if— ‘‘(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education; ‘‘(B) the Secretary determines the exclusion from consider- ation is in the best interest of the military department con- cerned; and ‘‘(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclu- sion from consideration.’’. SEC. 506. APPLICABILITY TO ADDITIONAL OFFICER GRADES OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF OFFICERS IN CERTAIN MILITARY SPECIALTIES AND CAREER TRACKS. Section 637a(a) of title 10, United States Code, is amended—

109 H. R. 5515—109 (1) by striking ‘‘grade O–4’’ and inserting ‘‘grade O–2’’; and (2) by inserting ‘‘632,’’ before ‘‘633,’’. SEC. 507. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES OF OFFICERS. LTERNATIVE ROMOTION A UTHORITY .— P (a) A .—Chapter 36 of title 10, United States N GENERAL (1) I Code, is amended by adding at the end the following new subchapter: ‘‘SUBCHAPTER VI—ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES ‘‘Sec. ‘‘649a. Officers in designated competitive categories. ‘‘649b. Selection for promotion. ‘‘649c. Eligibility for consideration for promotion. ‘‘649d. Opportunities for consideration for promotion. ‘‘649e. Promotions. ‘‘649f. Failure of selection for promotion. ‘‘649g. Retirement: retirement for years of service; selective early retirement. ‘‘649h. Continuation on active duty. ‘‘649i. Continuation on active duty: officers in certain military specialties and career tracks. ‘‘649j. Other administrative authorities. ‘‘649k. Regulations. ‘‘§ 649a. Officers in designated competitive categories ‘‘(a) A UTHORITY T O D ESIGNATE C OMPETITIVE C ATEGORIES OF FFICERS .—Each Secretary of a military department may designate O one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter. IMITATION ON E XERCISE OF ‘‘(b) L UTHORITY .—The Secretary A of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: ‘‘(1) A detailed description of officer requirements for offi- cers within the competitive category. ‘‘(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. ‘‘(3) An estimate of the size of the promotion zone for each grade within the competitive category. ‘‘(4) A description of any other matters the Secretary consid- ered in determining to designate the competitive category for purposes of this subchapter. ‘‘§ 649b. Selection for promotion ‘‘(a) I N G ENERAL .—Except as provided in this section, the selec- tion for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.

110 H. R. 5515—110 ‘‘(b) N R ECOMMENDATION FOR P ROMOTION OF O FFICERS B ELOW O P ROMOTION .—Section 616(b) of this title shall not apply to Z ONE the selection for promotion of officers described in subsection (a). E FFICERS T ‘‘(c) R B E O XCLUDED F ROM ECOMMENDATION FOR O UTURE C ONSIDERATION FOR P ROMOTION .—In making recommenda- F tions pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. ‘‘§ 649c. Eligibility for consideration for promotion ‘‘(a) I N G ENERAL .—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title. NAPPLICABILITY OF C ERTAIN - IME - IN - GRADE R EQUIRE T ‘‘(b) I MENTS .—Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a). - NAPPLICABILITY TO O FFICERS A BOVE AND B ELOW P RO ‘‘(c) I MOTION ONE .—The following provisions of section 619(c) of this Z title shall not apply to the promotion of officers described in sub- section (a): ‘‘(1) The reference in paragraph (1) of that section to an officer above the promotion zone. ‘‘(2) Paragraph (2)(A) of that section. NELIGIBILITY OF C ERTAIN O FFICERS .—The following officers ‘‘(d) I are not eligible for promotion under this subchapter: ‘‘(1) An officer described in section 619(d) of this title. ‘‘(2) An officer not included within the promotion zone. ‘‘(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title. ‘‘(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title. ‘‘§ 649d. Opportunities for consideration for promotion - PECIFICATION OF N UMBER OF O PPORTUNITIES FOR C ONSID ‘‘(a) S ERATION FOR ROMOTION .—In designating a competitive category P of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. ‘‘(b) L IMITED A UTHORITY OF S ECRETARY OF M ILITARY D EPART - .—The Secretary of MENT TO ODIFY N UMBER OF O PPORTUNITIES M a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.

111 H. R. 5515—111 ‘‘(c) D A UTHORITY OF S ECRETARY OF D EFENSE TO ISCRETIONARY M ODIFY O PPORTUNITIES .—The Secretary of Defense N UMBER OF may modify the number of opportunities for consideration for pro- motion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discre- tion of the Secretary. N UMBER OF O PPORTUNITIES S PECIFIED .— IMITATION ON ‘‘(d) L The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursu- ant to any provision of this section, may not exceed five opportuni- ties. N ERTAIN R FFECT OF C UMBER OF O PPORTUNI - EDUCTION IN ‘‘(e) E S TIES .—If, by reason of a reduction in the number of PECIFIED opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional oppor- tunity for consideration for promotion after the reduction. ‘‘§ 649e. Promotions ‘‘Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for pur- poses of this subchapter. ‘‘§ 649f. Failure of selection for promotion .—Except as provided in this section, sections N G ENERAL ‘‘(a) I 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter. F AILURE OF S NAPPLICABILITY OF P ROMOTION ELECTION FOR ‘‘(b) I TO FFICERS A BOVE P ROMOTION Z ONE .—The reference in section O 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). .—The reference in PECIAL S ELECTION B OARD M ATTERS ‘‘(c) S section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in sub- section (a). ‘‘(d) E F AILURE OF FFECT OF ELECTION .—In the administration S of this subchapter pursuant to subsection (a)— ‘‘(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for pur- poses of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the max- imum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursu- ant to section 649d of this title; and ‘‘(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category con- cerned pursuant to such section 649d.

112 H. R. 5515—112 ‘‘§ 649g. Retirement: retirement for years of service; selective early retirement ‘‘(a) R Y EARS OF S ERVICES .—Sections 633 ETIREMENT FOR through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter. E ARLY R ETIREMENT ELECTIVE .—Sections 638 and 638a ‘‘(b) S of this title shall apply to the retirement of officers described in subsection (a). ‘‘§ 649h. Continuation on active duty ‘‘(a) I G ENERAL .—An officer subject to discharge or retirement N pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title. ‘‘(b) I OSITIONS FOR O DENTIFICATION OF C ONTINUED P FFICERS A ON D UTY .— CTIVE ‘‘(1) I N GENERAL .—Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military depart- ment concerned for which vacancies exist or are anticipated to exist. ‘‘(2) I DENTIFICATION .—Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned. ECOMMENDATION FOR C ONTINUATION .—A selection board ‘‘(c) R may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions. ‘‘(d) A S ECRETARY OF M ILITARY PPROVAL OF EPARTMENT .— D Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned. ‘‘(e) N ONACCEPTANCE OF ONTINUATION .—An officer who is C selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title. ‘‘(f) P ERIOD OF C ONTINUATION .— ‘‘(1) I N GENERAL .—An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the mili- tary department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned. ‘‘(2) A DDITIONAL CONTINUATION .—An officer whose contin- ued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty

113 H. R. 5515—113 if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph. E XPIRATION OF C ONTINUATION .—Each officer ‘‘(g) E FFECT OF continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer’s term of continued service shall, unless sooner discharged or retired under another provision of law— ‘‘(1) be discharged upon the expiration of the term of contin- ued service; or ‘‘(2) if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service. ‘‘(h) T D ISCHARGE OR R ETIREMENT .—The discharge REATMENT OF or retirement of an officer pursuant to this section shall be consid- ered to be an involuntary discharge or retirement for purposes of any other provision of law. ‘‘§ 649i. Continuation on active duty: officers in certain mili- tary specialties and career tracks ‘‘In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a. ‘‘§ 649j. Other administrative authorities ‘‘(a) I N G ENERAL .—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter: ‘‘(1) Section 638b, relating to voluntary retirement incen- tives. ‘‘(2) Section 639, relating to continuation on active duty to complete disciplinary action. ‘‘(3) Section 640, relating to deferment of retirement or separation for medical reasons. ‘‘§ 649k. Regulations ‘‘The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regula- tions shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provi- sions of this subchapter.’’. (2) C LERICAL AMENDMENT .—The table of subchapters at the beginning of chapter 36 of such title is amended by adding at the end the following new item: ‘‘VI. Alternative Promotion Authority for Officers in Designated Competitive Categories ... 649a’’. (b) R EPORT .— (1) I N GENERAL .—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military depart- ments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the

114 H. R. 5515—114 authorities in subchapter VI of chapter 36 of title 10, United States Code (as added by subsection (a)). (2) E LEMENTS .—The report shall include the following: (A) A detailed analysis and assessment of the manner in which the exercise of the authorities in subchapter VI of chapter 36 of title 10, United States Code (as so added), will effect the career progression of commissioned officers in the Armed Forces. (B) A description of the competitive categories of offi- cers that are anticipated to be designated as competitive categories of officers for purposes of such authorities. (C) A plan for implementation of such authorities. (D) Such recommendations for legislative or adminis- trative action as the Secretary of Defense considers appro- priate to improve or enhance such authorities. SEC. 508. ATTENDING PHYSICIAN TO THE CONGRESS. N G ENERAL (a) I .—Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new sec- tion: ‘‘§ 715. Attending Physician to the Congress: grade ‘‘A general officer serving as Attending Physician to the Con- gress, 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).’’. LERICAL A (b) C .—The table of sections at the begin- MENDMENT ning of such chapter is amended by inserting before the item relating to section 716 the following new item: ‘‘715. Attending Physician to the Congress: grade’’. SEC. 509. MATTERS RELATING TO SATISFACTORY SERVICE IN GRADE FOR PURPOSES OF RETIREMENT GRADE OF OFFICERS IN HIGHEST GRADE OF SATISFACTORY SERVICE. (a) C ONDITIONAL D ETERMINATIONS OF G RADE OF S ATISFACTORY S ERVICE .— N GENERAL (1) I .—Subsection (a)(1) of section 1370 of title 10, United States Code, is amended by adding at the end the following new sentences: ‘‘When an officer is under inves- tigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).’’. (2) O FFICERS IN O – 9 AND O – 10 GRADES .—Subsection (c) of such section is amended by adding at the end the following new paragraph: ‘‘(4) The Secretary of Defense may make a conditional certifi- cation regarding satisfactory service in grade under paragraph (1) with respect to an officer under that paragraph notwithstanding the fact that there is pending the disposition of an adverse personnel action against the officer for alleged misconduct. The retired grade of an officer following such a conditional certification is subject to resolution under subsection (b)(3).’’. (3) R ESERVE OFFICERS .—Subsection (d)(1) of such section is amended by adding at the end the following new sentences: ‘‘When an officer is under investigation for alleged misconduct

115 H. R. 5515—115 at the time of retirement, the Secretary concerned may condi- tionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).’’. ETIRED L G RADE FOR (b) C OWERED O FFICERS ODIFICATION OF R P ERSONS W HO C OMMITTED M ISCONDUCT IN A L OWER G OR .— RADE (1) I GENERAL .—Subsection (b) of such section is N amended— (A) in the heading, by striking ‘‘N ’’; EXT (B) by inserting ‘‘(1)’’ before ‘‘An’’; and (C) by adding at the end the following new paragraphs: ‘‘(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. ‘‘(3) A determination or certification of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings. If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.’’. (2) C .—Such section is amended— ONFORMING AMENDMENTS (A) in subsection (a)(1)— (i) by striking ‘‘higher’’ and inserting ‘‘different’’; and (ii) by striking ‘‘except as provided in paragraph (2)’’ and inserting ‘‘subject to paragraph (2) and sub- section (b)’’; (B) in subsection (c)(1), by striking ‘‘An officer’’ and inserting ‘‘Subject to subsection (b), an officer’’; and (C) in subsection (d)(1)— (i) by striking ‘‘higher’’ each place it appears and inserting ‘‘different’’; and (ii) by inserting ‘‘, subject to subsection (b),’’ before ‘‘shall’’. .—Such sec- INALITY OF R ETIRED G RADE D ETERMINATIONS (c) F tion is further amended by adding at the end the following new subsection: ‘‘(f) F R ETIRED G INALITY OF D ETERMINATIONS .—(1) Except RADE as otherwise provided by law, a determination or certification of the retired grade of an officer pursuant to this section is administra- tively final on the day the officer is retired, and may not be reopened. ‘‘(2) A determination or certification of the retired grade of an officer may be reopened as follows: ‘‘(A) If the retirement or retired grade of the officer was procured by fraud. ‘‘(B) If substantial evidence comes to light after the retire- ment that could have led to a lower retired grade under this section if known by competent authority at the time of retire- ment. ‘‘(C) If a mistake of law or calculation was made in the determination of the retired grade.

116 H. R. 5515—116 ‘‘(D) In the case of a retired grade following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings. ‘‘(E) If the Secretary concerned determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination or certification. ‘‘(3) If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned— ‘‘(A) shall notify the officer of the reopening; and ‘‘(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening. ‘‘(4) If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening. ‘‘(5) If the retired grade of an officer is reduced through the reopening of the officer’s retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modi- fication of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer’s retired grade.’’. SEC. 510. GRADES OF CHIEFS OF CHAPLAINS. RMY .—Section 3073 of title 10, United States Code, is (a) A amended— (1) by inserting ‘‘(a)’’ before ‘‘There’’; and (2) by adding at the end the following new subsection: ‘‘(b) The Chief of Chaplains, while so serving, holds the grade of major general.’’. (b) N AVY .—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) A F .—Section 8039 of title 10, United States Code, IR ORCE is amended by adding at the end the following new subsection: ‘‘(c) G C HIEF OF RADE OF HAPLAINS .—The Chief of Chaplains, C while so serving, holds the grade of major general.’’. SEC. 511. REPEAL OF ORIGINAL APPOINTMENT QUALIFICATION REQUIREMENT FOR WARRANT OFFICERS IN THE REGULAR ARMY. (a) I N G ENERAL .—Section 3310 of title 10, United States Code, is repealed. (b) C LERICAL A MENDMENT .—The table of sections at the begin- ning of chapter 335 of such title is amended by striking the item relating to section 3310. SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL SERVICE REQUIRED FOR PERMANENT APPOINTMENT AS A LIMITED DUTY OFFICER. Section 5589(d) of title 10, United States Code, is amended by striking ‘‘10 years’’ and inserting ‘‘8 years’’.

117 H. R. 5515—117 SEC. 513. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS NOT TO BE CONSIDERED FOR SELECTION FOR PRO- MOTION. Section 14301 of title 10, United States Code, as amended by section 505, is further amended by adding at the end the fol- lowing new subsection: E FFICERS N OT TO ‘‘(k) C ERTAIN C ONSIDERED FOR S ELECTION O B P FOR .—The Secretary of the military department con- ROMOTION cerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve compo- nent), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.’’. SEC. 514. GAO REVIEW OF SURFACE WARFARE CAREER PATHS. (a) GAO R .—The Comptroller General of the United EVIEW States shall conduct a review of Navy surface warfare career paths. (b) E LEMENTS .—The review under subsection (a) shall include the following: (1) A description of current and previous career paths for officers in the regular and reserve components of the Navy that are related to surface warfare, including career paths for— (A) unrestricted line officers; (B) limited duty officers; (C) engineering duty officers; and (D) warrant officers. (2) Any prior study that examined career paths described in paragraph (1). (3) The current and historical personnel levels (fit/fill rates) and deployment tempos aboard naval vessels for each of the career paths described in paragraph (1). (4) A comparison of the career paths of surface warfare officers with the career paths of surface warfare officers of foreign navies including— (A) initial training; (B) follow-on training; (C) career milestones; (D) qualification standards; and (E) watch standing requirements. (5) Any other matter the Comptroller General determines appropriate. (c) D EADLINES .—Not later than March 1, 2019, the Comptroller General shall brief the congressional defense committees on the preliminary findings of the study under this section. The Comp- troller General shall submit a final report to the congressional defense committees as soon as practicable after such briefing. Subtitle B—Reserve Component Management SEC. 515. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE. (a) S TRENGTH AND G RADE A UTHORIZATIONS .—Section 12011(a) of title 10, United States Code is amended by striking those parts

118 H. R. 5515—118 of the table pertaining to the Air National Guard and inserting the following: ‘‘Air National Guard: Major Lieutenant Colonel Colonel 10,000 ... 763 745 333 12,000 ... 915 923 377 14,000 ... 1,065 1,057 402 16,000 ... 1,211 1,185 426 450 18,000 ... 1,347 1,313 1,463 1,440 468 20,000 ... 22,000 ... 1,606 1,569 494 1,739 1,697 517 24,000 ... 1,872 1,825 26,000 ... 539 2,005 1,954 28,000 ... 562 30,000 ... 2,138 2,082 585 32,000 ... 2,271 2,210 608 2,404 2,338 34,000 ... 630 36,000 ... 2,537 2,466 653 38,000 ... 2,670 2,595 676 40,000 ... 2,803 2,723 698’’. (b) S TRENGTH AND G RADE A UTHORIZATIONS .—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-8 E-9 10,000 ... 1,350 550 12,000 ... 1,466 594 14,000 ... 1,582 636 1,698 676 16,000 ... 1,814 714 18,000 ... 20,000 ... 1,930 752 22,000 ... 2,046 790 24,000 ... 2,162 828 26,000 ... 2,278 866 28,000 ... 2,394 904 30,000 ... 2,510 942 32,000 ... 2,626 980 34,000 ... 2,742 1,018 36,000 ... 2,858 1,056 38,000 ... 2,974 1,094 40,000 ... 3,090 1,132’’. SEC. 516. REPEAL OF PROHIBITION ON SERVICE ON ARMY RESERVE FORCES POLICY COMMITTEE BY MEMBERS ON ACTIVE DUTY. Section 10302 of title 10, United States Code, is amended— (1) in subsection (b), by striking ‘‘not on active duty’’ each place it appears; and (2) in subsection (c)— (A) by inserting ‘‘of the reserve components’’ after ‘‘among the members’’; and (B) by striking ‘‘not on active duty’’.

119 H. R. 5515—119 SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF THE CHIEF OF THE NATIONAL GUARD BUREAU IN THE EXECUTION OF FUNCTIONS AND MISSIONS OF THE NATIONAL GUARD BUREAU. Section 10508(b)(1) of title 10, United States Code, is amended by striking ‘‘sections 2103,’’ and all that follows through ‘‘of title 32,’’ and inserting ‘‘sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or section 328 of title 32,’’. SEC. 518. AUTHORITY TO ADJUST EFFECTIVE DATE OF PROMOTION IN THE EVENT OF UNDUE DELAY IN EXTENDING FEDERAL RECOGNITION OF PROMOTION. N G (a) I .—Section 14308(f) of title 10, United States ENERAL Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘The effective date of pro- motion’’; and (2) by adding at the end the following new paragraph: ‘‘(2) If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Sec- retary concerned, but not earlier than the effective date of the State promotion.’’. FFECTIVE ATE .—The amendments made by subsection D (b) E (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotions of officers whose State effective date is on or after that date. SEC. 519. NATIONAL GUARD YOUTH CHALLENGE PROGRAM. Section 509(h) of title 32, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new para- graph: ‘‘(2) Equipment and facilities of the Department of Defense may be used by the National Guard for purposes of carrying out the Program.’’. SEC. 520. 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’’.

120 H. R. 5515—120 Subtitle C—General Service Authorities and Correction of Military Records SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST. G ENERAL .—Section 504(b) of title 10, United States Code, (a) I N 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 critical skill or expertise—’’; and (C) by adding at the end the following new subpara- graphs: ‘‘(A) that is vital to the national interest; and ‘‘(B) that the person will use in the primary daily duties of that person 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 cal- endar 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.’’. EPORT .— (b) R N GENERAL .—Not later than December 31, 2019, and (1) I 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) E LEMENTS .—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 com- pleted 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) I N G ENERAL .—Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

121 H. R. 5515—121 ‘‘§ 1155. Statement of benefits EFORE S .—Not later than 30 days before a ‘‘(a) B EPARATION 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 pro- vide that member with a current assessment of all benefits to which that member may be entitled under laws administered by— ‘‘(1) the Secretary of Defense; and ‘‘(2) the Secretary of Veterans Affairs. R ESERVES .—The Secretary concerned shall TATEMENT FOR ‘‘(b) S provide a member of a reserve component with a current assessment of benefits described in subsection (a) upon release of that member from active duty.’’. LERICAL A MENDMENT (b) C .—The table of sections at the begin- ning 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. UBLIC -P RIVATE P ARTNERSHIPS (a) P .—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 Govern- ment 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).’’. UTHORITY TO A CCEPT G IFTS IN S UPPORT OF M ISSION TO (b) A A ISSING P ERSONS F ROM M AST C ONFLICTS .—Such sec- CCOUNT FOR P tion 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 sub- section (e): CCEPTANCE OF G IFTS .— ‘‘(e) A UTHORITY TO ACCEPT .—Subject to subsection (f)(2), ‘‘(1) A 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) G .—Gifts and bequests of money accepted IFT FUNDS under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund. SE OF GIFTS .—Personal property and money accepted ‘‘(3) U under this subsection may be used by the Secretary, and serv- ices accepted under this subsection may be performed, without further specific authorization in law. ‘‘(4) E XPENSES OF TRANSFER .—The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.

122 H. R. 5515—122 ‘‘(5) E .—The Secretary may pay all reason- XPENSES OF CARE able 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 para- graph: ‘‘(3) G .—The term ‘gift’ includes a devise or bequest.’’. IFT A MENDMENT (c) C ONFORMING .—Subsection (a) of such section is further amended by striking ‘‘subsection (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. SEC. 524. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED ADJUSTMENTS. SSESSMENT (a) A .—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall— (1) complete a comprehensive assessment of the standard workweek of the Navy; (2) carry out the activities required under subsections (b) and (c). (b) A DJUSTMENTS .—The Secretary of the Navy shall— (1) update instruction 1000.16L of the Office of the Chief of Naval Operations titled ‘‘Navy Total Force Manpower Policies and Procedures’’ in order to— (A) analyze and quantify current in-port workloads; and (B) based on the analysis carried out pursuant to subparagraph (A), identify the manpower necessary to exe- cute in-port workloads for all surface ship classes; (2) update the criteria set forth in the instruction that are used to reassess the factors for calculating manpower requirements periodically or when conditions change; and (3) taking into account the updates required by paragraphs (1) and (2), identify personnel needs and costs associated with the planned larger size of the Navy fleet. DDED D EMANDS .—The Secretary of the Navy shall identify (c) A and quantify any increased or new requirements with respect to Navy ship crews, including Ready, Relevant Learning training periods and additional work that affects readiness and technical qualifications for Navy ship crews. SEC. 525. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES. (a) I N G ENERAL .—The Secretary of the Navy shall notify the congressional defense committees, in writing, not later than 15 days after any of the following conditions are met: (1) The manning fit for a covered ship is less than 87 percent. (2) The manning fill for a covered ship is less than 90 percent. (b) N OTIFICATION R EQUIRED .—The notification required by sub- section (a) shall include, with respect to a covered ship, the fol- lowing: (1) The name and hull number of the ship. (2) The homeport location of the ship. (3) The current manning fit and fill of the ship. (4) The lowest levels of manning fit and fill projected for the ship and the date on which such levels are expected to occur.

123 H. R. 5515—123 (5) The projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship. (6) The projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship. (7) A description of any reasons the Navy will not achieve manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages. (8) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship. R ULE .—For purposes of determining whether a (c) S PECIAL percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade. EFINITIONS (d) D .—In this section: ANNING FIT (1) M .—The term ‘‘manning fit’’ means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship as compared with the billets authorized for such skills and experience. ANNING FILL .—The term ‘‘manning fill’’, in the case (2) M of a ship, means the total number of military personnel assigned to the ship by rating when compared with the billets authorized for the ship by rating. (3) C OVERED SHIP .—The term ‘‘covered ship’’ means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register. SEC. 526. NAVY WATCHSTANDER RECORDS. (a) I N ENERAL .—The Secretary of the Navy shall require that, G commencing not later than 180 days after the date of the enactment of this Act, key watchstanders on Navy surface ships shall maintain a career record of watchstanding hours and specific operational evolutions. EY W ATCHSTANDER D .—In this section, the term EFINED (b) K ‘‘key watchstander’’ means each of the following: (1) Officer of the Deck. (2) Engineering Officer of the Watch. (3) Conning Officer or Piloting Officer. (4) Any other officer specified by the Secretary for purposes of this section. (c) B C ONGRESS .— RIEFINGS OF (1) I NITIAL BRIEFING .—Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan of the Secretary for the maintenance of watchstander records, including updates to policy documents. (2) U PDATE BRIEFINGS .—Not later than one year after the briefing pursuant to paragraph (1), and annually thereafter for the next two years, the Secretary shall provide to the committees of Congress referred to in that paragraph an update briefing on the status of the implementation of the plan described in that paragraph.

124 H. R. 5515—124 SEC. 527. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN NAVY WATCHSTATIONS. (a) I ENERAL .—Not later than 180 days after the date the N G of enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy of individual training for certain watchstations, including any planned or recommended changes in qualification standards for such watchstations. ATCHSTATIONS (b) W .—The watchstations covered by the report required by subsection (a) are the following: (1) Officer of the Deck. (2) Combat Information Center Watch Officer. (3) Tactical Action Officer. (4) Engineering Officer of the Watch. (5) Conning Officer or Piloting Officer. Subtitle D—Military Justice SEC. 531. INCLUSION OF STRANGULATION AND SUFFOCATION IN CON- DUCT CONSTITUTING AGGRAVATED ASSAULT FOR PUR- POSES OF THE UNIFORM CODE OF MILITARY JUSTICE. N G ENERAL (a) I .—Subsection (b) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking ‘‘or’’ at the end; (2) in paragraph (2), by adding ‘‘or’’ after the semicolon; and (3) by inserting after paragraph (2) the following new para- graph: ‘‘(3) who commits an assault by strangulation or suffo- cation;’’. (b) E D ATE .—The amendments made by subsection FFECTIVE (a) shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114– 328; 130 Stat. 2954) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note). SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) P UNITIVE A RTICLE .— (1) I .—Subchapter X of chapter 47 of title 10, N GENERAL United States Code (the Uniform Code of Military Justice), is amended by inserting after section 928a (article 128a) the following new section (article): ‘‘§ 928b. Art. 128b. ‘‘Any person who— ‘‘(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person; ‘‘(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that per- son— ‘‘(A) commits an offense under this chapter against any person; or

125 H. R. 5515—125 ‘‘(B) commits an offense under this chapter against any property, including an animal; ‘‘(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that per- son, violates a protection order; ‘‘(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or ‘‘(5) assaults a spouse, an intimate partner, or an imme- diate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct.’’. (2) C LERICAL AMENDMENT .—The table of sections at the beginning of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 928a (article 128a) the fol- lowing new item: ‘‘928b. 128b. Domestic violence.’’. FFECTIVE (b) E ATE .—The amendments made by this section D shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note). SEC. 533. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON INVES- TIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES. Section 546 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new sub- section (d): UTHORITIES .— ‘‘(d) A ‘‘(1) H EARINGS .—The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section. NFORMATION FROM FEDERAL AGENCIES .—Upon request ‘‘(2) I by the chair of the Advisory Committee, a department or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section. In carrying out this paragraph, the depart- ment or agency shall take steps to prevent the unauthorized disclosure of personally identifiable information.’’. SEC. 534. REPORT ON FEASIBILITY OF EXPANDING SERVICES OF THE SPECIAL VICTIMS’ COUNSEL TO VICTIMS OF DOMESTIC VIOLENCE. (a) R EPORT R EQUIRED .—Not later than February 1, 2019, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the feasibility and advisability of expanding eligibility for the Special Victims’ Counsel programs under section 1044e of title 10, United States Code (hereinafter referred to as ‘‘the SVC programs’’), to include victims of domestic violence.

126 H. R. 5515—126 (b) E .—The report under this section shall include LEMENTS the following: (1) The current workload of the SVC programs. (2) An analysis of the current personnel authorizations for the SVC programs. (3) The optimal personnel levels for the SVC programs. (4) An analysis of the effects that the expansion described in subsection (a) would have on the SVC programs, including— (A) the estimated increase in workload; (B) the estimated number of additional personnel that would be required to accommodate such increase; and (C) the ability of the military departments to fill any additionally authorized billets for SVC programs with qualified judge advocates who possess military justice experience. SEC. 535. UNIFORM COMMAND ACTION FORM ON DISPOSITION OF UNRESTRICTED SEXUAL ASSAULT CASES INVOLVING MEM- BERS OF THE ARMED FORCES. The Secretary of Defense shall establish a uniform command action form, applicable across the Armed Forces, for reporting the final disposition of cases of sexual assault in which— (1) the alleged offender is a member of the Armed Forces; and (2) the victim files an unrestricted report on the alleged assault. SEC. 536. STANDARDIZATION OF POLICIES RELATED TO EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE. (a) P OLICIES FOR M EMBERS .—The Secretary of Defense shall modify, in accordance with section 673 of title 10, United States Code, all policies that the Secretary determines necessary to estab- lish a standardized expedited transfer process for a member of the Army, Navy, Air Force, or Marine Corps who is the alleged victim of— (1) sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program); or (2) physical domestic violence (as defined by the Secretary in regulations prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces. (b) P OLICY FOR D EPENDENTS OF M EMBERS .—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. Subtitle E—Other Legal Matters SEC. 541. CLARIFICATION OF EXPIRATION OF TERM OF APPELLATE MILITARY JUDGES OF THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW. (a) I N G ENERAL .—Section 950f(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

127 H. R. 5515—127 ‘‘(6) The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under para- graph (3) shall expire on the earlier of the date on which— ‘‘(A) the judge leaves active duty; or ‘‘(B) the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.’’. (b) A .—The amendment made by subsection (a) PPLICABILITY shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enact- ment of this Act and each judge assigned or appointed to that court on or after such date. SEC. 542. SECURITY CLEARANCE REINVESTIGATION OF CERTAIN PER- SONNEL 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 sub- section (c): NDIVID EINVESTIGATION OR EADJUDICATION OF C ERTAIN ‘‘(c) R R - I UALS .—(1) The Secretary of Defense shall conduct an investigation or adjudication 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 that indi- vidual has committed an offense described in subparagraph (A). ‘‘(2) An individual described in this paragraph in an individual who 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 ensure that relevant information on the conviction or determination described in paragraph (1) of an individual described in paragraph (2) during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies. ‘‘(4) In this subsection: ‘‘(A) The term ‘sexual assault’ includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual con- tact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice). ‘‘(B) The term ‘sexual harassment’ has the meaning given that term in section 1561 of this title.

128 H. R. 5515—128 ‘‘(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. 543. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLEMENTATION OF DEPARTMENT OF DEFENSE HARASSMENT PREVENTION AND RESPONSE POLICY. (a) D .—The Secretary of Defense shall develop a EVELOPMENT plan for overseeing the implementation of the instruction titled ‘‘Harassment Prevention and Response in the Armed Forces’’, pub- lished on February 8, 2018 (DODI–1020.03). .—The plan under subsection (a) shall require (b) E LEMENTS 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 performance measures that assess the effectiveness of harassment prevention and response programs. (3) Adopting compliance standards for promoting, sup- porting, 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) R EPORT .—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 devel- oped 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. 544. OVERSIGHT OF REGISTERED SEX OFFENDER MANAGEMENT PROGRAM. ESIGNATION OF FFICIAL OR E NTITY .—The Secretary of (a) D O Defense shall designate a single official or existing 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) D UTIES .—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 depart- ments 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) B RIEFING R EQUIRED .—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—

129 H. R. 5515—129 (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 sub- section (b)(2); and (3) any other matters the Secretary determines to be appro- priate. D EPARTMENTS D EFINED (d) M ILITARY .—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. 545. DEVELOPMENT OF RESOURCE GUIDES REGARDING SEXUAL ASSAULT FOR THE MILITARY SERVICE ACADEMIES. (a) D .—Not later than 30 days after the date of EVELOPMENT 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) E LEMENTS .—Each guide developed under this section shall include the following information with regards to the relevant mili- tary service academy: ROCESS OVERVIEW AND DEFINITIONS .— (1) P (A) An explanation of prohibited conduct, including examples. (B) An explanation of consent. (C) Victims’ rights. (D) Clearly described complaint process, including to whom a complaint may be filed. (E) Explanations of restricted and unrestricted reporting. (F) List of mandatory reporters. (G) Protections from retaliation. (H) Assurance that leadership will take appropriate corrective action. (I) References to specific policies. (J) Resources for survivors. MERGENCY SERVICES .— (2) E (A) Contact information. (B) Location. (3) S UPPORT 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. (c) D ISTRIBUTION .—Each Superintendent shall provide the cur- rent 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;

130 H. R. 5515—130 (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 who reports that such student is a victim of sexual assault. SEC. 546. IMPROVED CRIME REPORTING. P ROCESS .—The Secretary of Defense, in consulta- RACKING (a) T tion with the secretaries of the military departments, shall establish a consolidated tracking process for the 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 max- imum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions. ETTER EQUIRED .—Not later than July 1, 2019, the Sec- R (b) L retary of Defense shall submit a letter to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process under subsection (a). SEC. 547. REPORT ON VICTIMS OF SEXUAL ASSAULT IN REPORTS OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. (a) R EPORT .—Not later than September 30, 2019, and not less frequently than once every two years thereafter, the Secretary of Defense, acting through the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces shall submit to the congressional defense committees a report that includes, with respect to the period of two years preceding the date of the submittal of the report, the following: (1) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual. (2) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in paragraph (1). (3) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in paragraphs (1) and (2). (b) C OVERED I NDIVIDUAL D EFINED .—In this section, the term ‘‘covered individual’’ means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization. Subtitle F—Member Education, Training, Resilience, and Transition SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM. (a) C ODIFICATION AND P ERMANENT A UTHORITY .—Chapter 40 of title 10, United States Code, is amended by adding at the end the following new section 710:

131 H. R. 5515—131 ‘‘§ 710. Career flexibility to enhance retention of members ROGRAMS A .—Each Secretary of a military ‘‘(a) P UTHORIZED 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) P I NACTIVATION F ROM A CTIVE S ERVICE ; E ERIOD OF FFECT OF NACTIVATION .—(1) The period of inactivation from active service I 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) A GREEMENT .—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 inac- tive 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) C ONDITIONS OF R ELEASE .—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the condi- tions 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) O RDER TO A CTIVE S ERVICE .—Under regulations prescribed by the Secretary of the military department concerned, a member

132 H. R. 5515—132 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. A LLOWANCES .—(1) During each month of participa- ‘‘(f) P AY AND tion 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 partici- pating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connec- tion 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 partici- pation 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 agree- ment remaining to run when the member commenced participa- tion 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 incen- tive 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 agree- ment 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 require- ments 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

133 H. R. 5515—133 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 participa- tion 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) P .—(1)(A) An officer participating in a program ROMOTION 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 comple- tion 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 pro- motion 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 treat- able as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military depart- ment concerned shall prescribe in regulations for purposes of the program. ‘‘(h) C E NTITLEMENTS .—A member participating in ONTINUED a program under this section shall, while participating in the pro- gram, 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) T ECHNICAL AND C ONFORMING A MENDMENTS .— (1) T ABLE OF SECTIONS .—The table of sections at the begin- ning 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.’’.

134 H. R. 5515—134 (2) C .—Section 533 of the Duncan ONFORMING REPEAL 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. TAP.— (a) P ATHWAYS FOR (1) I N GENERAL .—Section 1142 of title 10, United States Code, is amended— (A) in the section heading by striking ‘‘ medical ’’ and certain ’’; inserting ‘‘ (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) C OUNSELING ATHWAYS .—(1) Each Secretary concerned, in P 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 dis- charge and discharge under conditions other than honor- able). ‘‘(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

135 H. R. 5515—135 ‘‘(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 appro- priate. ‘‘(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 con- cerned (in consultation with the Secretaries of Labor and Vet- erans 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: OINT S ERVICE T RANSCRIPT .—The Secretary concerned shall ‘‘(e) J provide a copy of the joint service transcript of a member described in subsection (a) to— ‘‘(1) that member— ‘‘(A) at the meeting with a counselor under subsection (c)(2); and ‘‘(B) on the day the member separates, retires, or is discharged; and ‘‘(2) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.’’. EADLINE .—Each Secretary concerned shall carry out (2) D 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 sub- section (c). ONTENTS OF TAP.— (b) C (1) I N 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: ROGRAM C ONTENTS .—(1) The program carried out under ‘‘(f) P this section shall consist of instruction as follows:

136 H. R. 5515—136 ‘‘(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 Sec- retary 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) D .—The Transition Assistance Program shall EADLINE 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) A CTION 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 estab- lish standardized performance metrics to measure Transi- tion 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 lit- eracy to effectively leverage conferred benefits and opportunities for employment, education, vocational training, and entrepreneurship. (4) R EPORT .—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

137 H. R. 5515—137 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 Pro- gram counseling during the preceding year. The report shall detail the following: (A) The total number of members who attended Transi- tion Assistance Program counseling. (B) The number of members who attended Transition Assistance Program counseling under paragraph (1) of sec- tion 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. REPEAL OF PROGRAM ON ENCOURAGEMENT OF POSTSEPARATION PUBLIC AND COMMUNITY SERVICE. (a) R .— EPEAL .—Section 1143a of title 10, United States N GENERAL (1) I Code, is repealed. .—The table of sections at the LERICAL AMENDMENT (2) C beginning of chapter 58 of such title is amended by striking the item relating to section 1143a. A MENDMENTS .— ONFORMING (b) C (1) Section 1144(b) of title 10, United States Code, is amended— (A) by striking paragraph (8); and (B) by redesignating paragraphs (9), (10), and (11) as paragraphs (8), (9), and (10), respectively. (2) Section 1142(b)(4)(C) of such title is amended by striking ‘‘the public and community service jobs program carried out under section 1143a of this title, and’’. (3) Section 159(c)(2)(D) of the National and Community Service Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by striking ‘‘and as employment with a public service or community service organization for purposes of section 4464 of that Act’’. (4) Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2)) is amended by striking ‘‘shall’’ and all that follows through ‘‘provide other’’ and inserting ‘‘shall provide’’. (5) Subsection (c) of section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended to read as follows: ‘‘(c) I NAPPLICABILITY OF C ERTAIN P ROVISIONS .—During the period specified in subsection (i)(2), this section does not apply as follows: ‘‘(1) To members of the Coast Guard, notwithstanding sec- tion 542(d) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note). ‘‘(2) To members of the commissioned corps of the National Oceanic and Atmospheric Administration, notwithstanding sec- tion 566(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note).’’. (c) C ONFORMING R EPEAL .—

138 H. R. 5515—138 (1) R .—Section 4464 of the National Defense EPEAL Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1143a note) is repealed. .—The repeal made under paragraph (1) (2) A PPLICABILITY shall apply with respect to an individual who retires from the Armed Forces on or after the date of the enactment of this Act. SEC. 554. CLARIFICATION OF APPLICATION AND HONORABLE SERVICE REQUIREMENTS UNDER THE TROOPS-TO-TEACHERS PRO- GRAM TO MEMBERS OF THE RETIRED RESERVE. G ENERAL (a) I N .—Paragraph (2)(B) of section 1154(d) of title 10, United States Code, is amended— (1) by inserting ‘‘(A)(iii),’’ after ‘‘(A)(i),’’; (2) by inserting ‘‘transferred to the Retired Reserve, or’’ after ‘‘member is retired,’’; and (3) by striking ‘‘separated,’’ and inserting ‘‘separated’’. ONFORMING (b) C MENDMENTS .—The second sentence of para- A graph (3)(D) of such section is amended— (1) by inserting ‘‘, the transfer of the member to the Retired Reserve,’’ after ‘‘retirement of the member’’; and (2) by inserting ‘‘transfer,’’ after ‘‘after the retirement,’’. SEC. 555. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS AT THE JOINT SPECIAL OPERATIONS UNIVER- SITY. 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. 556. 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. 557. ENHANCEMENT OF AUTHORITIES IN CONNECTION WITH JUNIOR RESERVE OFFICERS’ TRAINING CORPS PRO- GRAMS. (a) F LEXIBILITY IN A UTHORITIES FOR M ANAGEMENT OF P RO - GRAMS AND U .— NITS N GENERAL (1) I .—Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2035. Flexibility in authorities for management of pro- grams and units ‘‘(a) A T O UTHORITY ONVERT O THERWISE C LOSING U NITS TO C N ATIONAL D EFENSE C ADET C ORPS P ROGRAM U NITS .—If the Sec- retary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers’ Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit. ‘‘(b) F LEXIBILITY IN A DMINISTRATION OF I NSTRUCTORS .— N GENERAL .—The Secretaries of the military depart- ‘‘(1) I ments may, without regard to any other provision of this

139 H. R. 5515—139 chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers’ Training Corps program under the jurisdiction of such Secretaries. ‘‘(2) E .—The initiatives undertaken pursuant to LEMENTS 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 posi- tions 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 compensa- tion 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 mili- tary departments consider appropriate. LEXIBILITY IN A LLOCATION AND U OF T RAVEL SE ‘‘(c) F F UNDING .—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) S TANDARDIZATION OF P ROGRAM D ATA .—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers’ Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers’ Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers’ Training Corps programs.’’. (2) C LERICAL AMENDMENT .—The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item: ‘‘2035. Flexibility in authorities for management of programs and units.’’. (b) A UTHORITY FOR A DDITIONAL U NITS .—The Secretaries of the military departments may, using amounts authorized to be appro- priated by this Act and available in the funding tables in sections 4301 and 4401 for purposes of the Junior Reserve Officers’ Training Corps programs, establish an aggregate of not more than 100 units under the Junior Reserve Officers’ Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers’ Training Corps programs.

140 H. R. 5515—140 SEC. 558. EXPANSION OF PERIOD OF AVAILABILITY OF MILITARY ONESOURCE PROGRAM FOR RETIRED AND DISCHARGED MEMBERS OF THE ARMED FORCES AND THEIR IMMEDIATE FAMILIES. G .—Under regulations prescribed by the Secretary (a) I N ENERAL of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an indi- vidual, shall be the one-year period beginning on the date of the retirement, discharge, or release, as applicable, of such individual. F AMILIES .—The Secretary shall, in such (b) I NFORMATION TO manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program. SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF ENLISTED PERSONNEL AT SENIOR LEVEL AND INTER- MEDIATE LEVEL OFFICER PROFESSIONAL MILITARY EDU- CATION COURSES. ROHIBITION (a) P .—None of the funds authorized to be appro- priated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses. ENIOR L EVEL AND (b) S NTERMEDIATE L EVEL O FFICER P ROFES - I SIONAL M ILITARY E DUCATION C OURSES D EFINED .—In this section, the term ‘‘senior level and intermediate level officer professional military education courses’’ means any course for officers offered by a school specified in paragraph (1) or (2) of section 2151(b) of title 10, United States Code. EPEAL OF S UPERSEDED L IMITATION .— (c) R N GENERAL .—Section 547 of the National Defense (1) I Authorization Act for Fiscal Year 2018 (Public Law 115–91) is repealed. RESERVATION OF CERTAIN REPORTING REQUIREMENT .— (2) P The repeal in paragraph (1) shall not be interpreted to termi- nate the requirement of the Comptroller General of the United States to submit the report required by subsection (c) of section 547 of the National Defense Authorization Act for Fiscal Year 2018. Subtitle G—Defense Dependents’ Education SEC. 561. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STU- DENTS. (a) I MPACT A ID FOR C HILDREN W ITH S EVERE D ISABILITIES .— (1) I N GENERAL .—Of the amount authorized to be appro- priated for fiscal year 2019 pursuant to section 301 and avail- able for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

141 H. R. 5515—141 (2) U .—Of the amount available SE OF CERTAIN AMOUNT under paragraph (1) for payments as described in that para- graph, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities. S CHOOLS W (b) A SSISTANCE TO IGNIFICANT N UMBERS OF S ITH ILITARY D EPENDENT S TUDENTS M .—Of the amount authorized to be appropriated for fiscal year 2019 by section 301 and available for operation and maintenance for Defense-wide activities as speci- fied in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local edu- cational 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). OCAL E DUCATIONAL (c) L GENCY D EFINED .—In this section, A the term ‘‘local educational agency’’ has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). SEC. 562. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLICIES AND PROCEDURES ON SEXUAL HARASSMENT OF STU- DENTS OF ACTIVITY SCHOOLS. (a) A T ITLE IX P ROTECTIONS .—The provisions PPLICABILITY OF of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as ‘‘title IX’’) with respect to education programs or activities receiving Federal financial assist- ance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA). (b) P OLICIES AND ROCEDURES .—Not later than March 31, 2019, P the Department of Defense Education Activity shall establish poli- cies and procedures to protect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the protections afforded under title IX. LEMENTS .—The policies and procedures required by sub- (c) E section (b) shall include, at a minimum, the following: (1) A policy addressing sexual harassment of students at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX. (2) A procedure by which— (A) a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and (B) such a student or parent may appeal the decision of the school regarding such complaint. (3) A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school. (4) Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures.

142 H. R. 5515—142 (5) Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student hand- books, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices. (6) Reporting and recordkeeping requirements designed to ensure that— (A) complaints of sexual harassment at schools of the Activity are handled— (i) with professionalism and consistency; and (ii) in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and (B) appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity. SEC. 563. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY MIS- CONDUCT DATABASE. (a) C D ATABASE .—The Secretary of Defense shall OMPREHENSIVE consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Edu- cation Activity (hereinafter in this section referred to as ‘‘DODEA’’) schools into one comprehensive database for DODEA juvenile mis- conduct. The comprehensive database shall include all unresolved and all substantiated allegations of juvenile-on-juvenile sexual mis- conduct. (b) P OLICY .—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 sen- sitive information contained in the comprehensive database required by subsection (a). SEC. 564. ASSESSMENT AND REPORT ON ACTIVE SHOOTER THREAT MITIGATION AT SCHOOLS LOCATED ON MILITARY INSTALLATIONS. (a) A .—The Secretary of Defense shall conduct an SSESSMENT assessment of strategies that may be used to address any security threat posed by active shooter incidents at public elementary schools and secondary schools located on the grounds of Federal military installations. (b) R EPORT .—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 Representatives a report that includes the results of the assess- ment conducted under subsection (a). Subtitle H—Military Family Readiness Matters SEC. 571. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL MATTERS. (a) M EMBER M ATTERS .—

143 H. R. 5515—143 (1) M .—Paragraph (1)(B) of subsection (b) of sec- EMBERSHIP tion 1781a of title 10, United States Code, is amended— (A) in clause (i), by striking ‘‘a member of the armed force to be represented’’ and inserting ‘‘a member or civilian employee of the armed force to be represented’’; and (B) by striking clause (ii) and inserting the following new clause (ii): ‘‘(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.’’. .—Paragraph (2) of such subsection is amended— (2) T ERMS (A) in subparagraph (A)— (i) in the first sentence, by striking ‘‘clauses (i) and (iii) of’’; and (ii) by striking the second sentence; and (B) in subparagraph (B), by striking ‘‘three years’’ and inserting ‘‘two years’’. (b) D .—Subsection (d) of such section is amended— UTIES (1) in paragraph (2), by striking ‘‘military family readiness by the Department of Defense’’ and inserting ‘‘military family readiness programs and activities of the Department of Defense’’; and (2) by adding at the end the following new paragraph: ‘‘(4) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted bene- ficiaries.’’. (c) A NNUAL R EPORTS .—Subsection (e) of such section is amended by striking ‘‘February 1’’ and inserting ‘‘July 1’’. (d) E D ATE .— FFECTIVE N GENERAL (1) I .—The amendments made by this section shall take effect on the date of the enactment of this Act. PPLICABILITY OF MEMBERSHIP AND TERM AMEND - (2) A MENTS .—The amendments made by subsection (a) shall apply to members of the Department of Defense Military Family Readiness Council appointed after the date of the enactment of this Act. SEC. 572. ENHANCEMENT AND CLARIFICATION OF FAMILY SUPPORT SERVICES FOR FAMILY MEMBERS OF MEMBERS OF SPE- CIAL 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’’; and (4) 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).’’.

144 H. R. 5515—144 SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETI- TIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL AGENCIES. I NCLUDE A LL S POUSES OF M EMBERS OF THE XPANSION TO (a) E F ORCES ON A CTIVE D UTY .—Section 3330d of title 5, United RMED A States Code, is amended— (1) in subsection (a)— (A) by striking paragraphs (3), (4), and (5); and (B) by redesignating paragraph (6) as paragraph (3); (2) by striking subsections (b) and (c) and inserting the following new subsection (b): PPOINTMENT A UTHORITY .—The head of an agency may ‘‘(b) A appoint noncompetitively— ‘‘(1) a spouse of a member of the Armed Forces on active duty; or ‘‘(2) a spouse of a disabled or deceased member of the Armed Forces.’’; (3) by redesignating subsection (d) as subsection (c); and (4) in subsection (c), as so redesignated, by striking ‘‘sub- section (a)(6)’’ in paragraph (1) and inserting ‘‘subsection (a)(3)’’. (b) C LERICAL A MENDMENT .—The table of sections at the begin- ning of chapter 33 of such title is amended by striking the item relating to section 3330d and inserting the following new item: ‘‘3330d. Appointment of military spouses.’’. (c) H A MENDMENT .—The heading of such section is EADING amended to read as follows: ‘‘§ 3330d. Appointment of military spouses’’. IMITATION AND R EPORTS .— (d) OPM L ELOCATING SPOUSES .—With respect to the noncompeti- (1) R tive 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 amended 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 Com- mittee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Secu- rity and Government Affairs of the Senate on the use and effectiveness of such authority. (2) N ON - RELOCATING SPOUSES .—With respect to the non- competitive 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. (e) S UNSET .—Effective on the date that is 5 years after the date of the enactment of this Act—

145 H. R. 5515—145 (1) the authority provided by this section, and the amend- ments made by this section, shall expire; and (2) the provisions of section 3330d of title 5, United States Code, amended or repealed by such section are restored or revived as if such section had not been enacted. SEC. 574. IMPROVEMENT OF MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR MILITARY SPOUSES. A VAILABILITY OF P ROGRAM (a) O UTREACH ON .—The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advance- ment Account program of the Department of Defense are, to the extent practicable, made aware of the program. (b) C OMPTROLLER ENERAL R EPORT .—Not later than 180 days G after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding the following: (1) Mechanisms to increase awareness of the My Career Advancement Account program of the Department of Defense among military spouses who are eligible to participate in the program. (2) Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program. (c) T RAINING FOR I NSTALLATION C AREER C OUNSELORS ON P RO - GRAM .—The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advance- ment Account program, including financial assistance to cover costs associated with professional recertification, portability of occupa- tional licenses, professional credential exams, and other mecha- nisms in connection with the portability of professional licenses. SEC. 575. ASSESSMENT AND REPORT ON THE EFFECTS OF PERMANENT CHANGES OF STATION ON EMPLOYMENT AMONG MILI- TARY SPOUSES. (a) A SSESSMENT R EQUIRED .—The Secretary of Defense shall conduct an assessment of the effects of frequent, permanent changes of station on the stability of employment among spouses of members of the Armed Forces. (b) E .—The assessment required under subsection (a) LEMENTS shall include the following: (1) An assessment of how frequent, permanent changes of station may contribute to unemployment or underemploy- ment among spouses of members of the Armed Forces. (2) An assessment of how unemployment and underemploy- ment among military spouses may affect force readiness. (3) Such recommendations as the Secretary considers appropriate regarding legislative or administration actions that may be carried out to achieve force readiness and stabilization through the minimization of the impacts of frequent, permanent changes in station on the stability of employment among mili- tary spouses. (c) R EPORT .—Not later than February 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services

146 H. R. 5515—146 of the Senate and the House of Representatives a report that includes the results of the assessment with respect to each element described in subsection (b). SEC. 576. PROVISIONAL OR INTERIM CLEARANCES TO PROVIDE CHILDCARE SERVICES AT MILITARY CHILDCARE CENTERS. N ENERAL .—The Secretary of Defense shall implement G (a) I a policy to permit the issuance on a provisional or interim basis of clearances for the provision of childcare services at military childcare centers. .—The policy required by subsection (a) shall LEMENTS (b) E provide for the following: (1) Any clearance issued under the policy shall be tem- porary and contingent upon the satisfaction of such require- ments for the issuance of a clearance on a permanent basis as the Secretary considers appropriate. (2) Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such super- vision in the provision of childcare services using such clearance as the Secretary considers appropriate. (c) C D EFINED .—In this section, the term ‘‘clearance’’, LEARANCE with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate background checks and other review, to provide childcare services to children at a military childcare center of the Department of Defense. SEC. 577. MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLATIONS ON CHILD ABUSE AND OTHER DOMESTIC VIOLENCE. (a) M ULTIDISCIPLINARY T EAMS R EQUIRED .— (1) I N GENERAL .—Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisciplinary teams on child abuse and other domestic violence for the purposes specified in subsection (b). INGLE TEAM FOR PROXIMATE INSTALLATIONS .—A single (2) S multidisciplinary team described in paragraph (1) may be estab- lished and maintained under this subsection for two or more military installations in proximity with one another if the Sec- retary concerned determines, in consultation with the Secretary of Defense, that a single team for such installations suffices to carry out the purposes of such teams under subsection (b) for such installations. (b) P URPOSES .—The purposes of each multidisciplinary team maintained pursuant to subsection (a) shall be as follows: (1) To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces sta- tioned at or otherwise assigned to the installation or installa- tions. (2) To provide for and enhance collaborative efforts among such team and other appropriate personnel of the installation or installations regarding investigations into and resolutions of such incidents.

147 H. R. 5515—147 (3) To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of coopera- tion among specialists and other personnel providing such serv- ices to such military families in connection with such incidents. (4) To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appro- priate for such purposes. .— (c) P ERSONNEL .—Each multidisciplinary team maintained (1) I N GENERAL pursuant to subsection (a) shall be composed of the following: (A) One or more judge advocates. (B) Appropriate personnel of one or more military criminal investigation services. (C) Appropriate mental health professionals. (D) Appropriate medical personnel. (E) Family advocacy case workers. (F) Such other personnel as the Secretary or Secre- taries concerned consider appropriate. (2) E XPERTISE AND TRAINING .—Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such exper- tise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims’ crimes, including child abuse and other domestic violence. (d) C OORDINATION AND C OLLABORATION W ITH N ON - MILITARY R ESOURCES .— SE OF COMMUNITY RESOURCES SERVING INSTALLA (1) U - TIONS .—In providing under this section for a multidisciplinary team for a military installation or installations that benefit from services or resources on child abuse or other domestic violence that are provided by civilian entities in the vicinity of the installation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in providing for the composition and duties of the team. EST PRACTICES .—The Secretaries concerned shall take (2) B appropriate actions to ensure that multidisciplinary teams maintained pursuant to subsection (a) remain fully and cur- rently apprised of best practices in the civilian sector on inves- tigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents. (3) C OLLABORATION .—In providing for the enhancement of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facili- tate, and encourage multidisciplinary teams to collaborate with appropriate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families. (e) A NNUAL R EPORTS .—Not later than March 1 of each year from 2020 through 2022, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House

148 H. R. 5515—148 of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the jurisdiction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following: (1) A summary description of the activities of the multidisci- plinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achievements of such teams. (2) A description of any impediments to the effectiveness of such teams. (3) Such recommendations for legislative or administrative action as such Secretary considers appropriate in order to improve the effectiveness of such teams. (4) Such other matters with respect to such teams as such Secretary considers appropriate. ECRETARY C ONCERNED (f) S .— (1) D .—In this section, the term ‘‘Secretary con- EFINITION cerned’’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. SAGE WITH RESPECT TO MULTIPLE INSTALLATIONS .— (2) U For purposes of this section, any reference to ‘‘Secretary con- cerned’’ with respect to a single multidisciplinary team estab- lished and maintained pursuant to subsection (a) for two or more military installations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly. SEC. 578. PILOT PROGRAM FOR MILITARY FAMILIES: PREVENTION OF CHILD ABUSE AND TRAINING ON SAFE CHILDCARE PRAC- TICES. (a) P ROGRAM .— ILOT P .—In order to reduce child abuse and fatalities (1) P URPOSE due to abuse or neglect in covered households, the Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to— (A) provide information regarding safe childcare prac- tices to covered households; (B) identify and assess risk factors for child abuse in covered households; and (C) facilitate connections between covered households and community resources. ROHIBITION ON DELEGATION .—The Secretary may not (2) P carry out the pilot program through the Family Advocacy Pro- gram. (3) L OCATIONS .—The Secretary shall carry out the pilot program at no fewer than five military installations that reflect a range of characteristics including the following: (A) Urban location. (B) Rural location. (C) Large population. (D) Small population. (E) High incidence of child abuse, neglect, or both. (F) Low incidence of child abuse, neglect, or both. (G) Presence of a hospital or clinic. (H) Lack of a hospital or clinic. (I) Joint installation.

149 H. R. 5515—149 (J) Serving only one Armed Force. ERM .—The pilot program shall terminate two years (4) T after implementation. ESIGN .—The Secretary shall design the pilot program (5) D in consultation with military family groups to respond to the needs of covered households. .—The pilot program shall include the fol- LEMENTS (6) E lowing elements: (A) Postnatal services, including screening to identify family needs and potential risk factors, and make referrals to appropriate community services with the use of the electronic data described in subparagraphs (F) and (G). (B) The Secretary shall identify at least three approaches to screening, identification, and referral under subparagraph (A) that empirically improve outcomes for parents and infants. (C) Services and resources designed for a covered household by the Secretary after considering the informa- tion gained from the screening and identification under subparagraph (A). Such services and resources may include or address the following: (i) General maternal and infant health exam. (ii) Safe sleeping environments. (iii) Feeding and bathing. (iv) Adequate child supervision. (v) Common hazards. (vi) Self-care. (vii) Postpartum depression, substance abuse, or domestic violence. (viii) Community violence. (ix) Skills for management of infant crying. (x) Other positive parenting skills and practices. (xi) The importance of participating in ongoing healthcare for an infant and for treating postpartum depression. (xii) Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, parenting support, and home visits. (xiii) Planning for parenting or guardianship of children during deployment and reintegration. (xiv) Such other matters as the Secretary, in con- sultation with military families, considers appropriate. (D) Home visits to provide support, screening and referral services shall be offered as needed. The number of visits offered shall be guided by parental interest and family need, but in general is expected to be no more than three. (E) If a parent is deployed at the time of birth— (i) the first in-home visit under subparagraph (D) shall, to the extent practicable, incorporate both par- ents, in person with the local parent and by electronic means with the deployed parent; and (ii) another such home visit shall be offered upon the return of the parent from deployment, and shall include both parents, if determined in the best interest of the family.

150 H. R. 5515—150 (F) An electronic directory of community resources available to covered households and pilot program per- sonnel to help covered households access such resources. (G) An electronic integrated data system to— (i) help pilot program personnel refer eligible cov- ered beneficiaries to services and resources under the pilot program; (ii) track usage of such services and resources and interactions between such personnel and covered households; and (iii) evaluate the implementation, outcomes, and effectiveness of the pilot program. P ARTICIPATION .—Participation in the pilot pro- OLUNTARY (b) V gram shall be at the election of a covered beneficiary in an eligible household. UTREACH .— (c) O (1) I .—Not later than 30 days after imple- N GENERAL menting the pilot program, the Secretary shall notify each covered household of the services provided under subsection (b). OVERED HOUSEHOLDS WITH NEWBORNS .—No later than (2) C 30 days after a birth in a covered household, the Secretary shall contact such covered household to encourage participation in the pilot program. SSESSMENTS .— (d) A .—The Secretary shall carry out no fewer than UMBER (1) N five assessments of the pilot program. OMPARISON INSTALLATIONS .—For purposes of this sub- (2) C section, the Secretary shall also select such number of other military installations the Secretary determines appropriate as comparison installations for purposes of assessing the outcomes of the pilot. SSESSMENT .—The Secretary shall assess each of the (3) A following: (A) Success in contacting covered households for participation in the pilot. (B) The percentage of covered households that elect to participate in the pilot program. (C) The extent to which covered households partici- pating in the pilot program are connected to services and resources under the pilot program. (D) The extent to which covered households partici- pating in the pilot program use services and resources under the pilot program. (E) Compliance of pilot program personnel with pilot program protocols. EPORTS .— (e) R (1) I NITIAL 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 House of Representatives a report on the pilot program under this section. The report shall include a comprehensive description of the assessments under subsection (d), as well as the fol- lowing: (A) Which installations the Secretary selected for the pilot program under subsection (a)(2).

151 H. R. 5515—151 (B) Why the Secretary selected the installations described in subparagraph (A). (C) Names of the installations the Secretary selected as comparison installations under subsection (d)(2). (D) How the pilot program is carried out, including strategy and metrics for evaluating effectiveness of the pilot program. INAL REPORT .—Not later than 180 days after the termi- (2) F nation of the pilot program, the Secretary shall submit to the committees specified in paragraph (1) a final report on the pilot program. The report shall include the following: (A) A comprehensive description of, and findings of, the assessments under subsection (d). (B) A comprehensive description and assessment of the pilot. (C) Such recommendations for legislative or adminis- trative action the Secretary determines appropriate, including whether to— (i) extend the term of the pilot program; (ii) expand the pilot program to additional installa- tions; or (iii) make the pilot program permanent. EPARTMENTAL (f) D MPLEMENTATION .—If the Secretary deter- I mines that any element of the pilot program is effective, the Sec- retary shall implement such element permanently for the Depart- ment of Defense. (g) D EFINITIONS .—In this section: (1) The term ‘‘covered household’’ means a household that— (A) contains an eligible covered beneficiary; and (B) is located at a location selected by the Secretary for the pilot program. (2) The term ‘‘eligible covered beneficiary’’ means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains prenatal or obstetrical care in a military medical treatment facility in connection with a birth covered by the pilot program. (3) With respect to a military installation, the term ‘‘community’’ means the catchment area for community services of the installation, including services provided on the installa- tion by the Secretary and services provided by State, county, and local jurisdictions in which the installation is located, or in the vicinity of the installation. SEC. 579. ASSESSMENT AND REPORT ON SMALL BUSINESS ACTIVITIES OF MILITARY SPOUSES ON MILITARY INSTALLATIONS IN THE UNITED STATES. (a) A R EQUIRED .—The Secretary of Defense shall SSESSMENT conduct an assessment of the feasibility and advisability of permit- ting military spouses to engage in small business activities on military installations in the United States and in partnership with commissaries, exchange stores, and other morale, welfare, and recreation facilities of the Armed Forces in the United States. (b) E LEMENTS .—The assessment required under subsection (a) shall— (1) take into account the usage by military spouses of installation facilities, utilities, and other resources in the con- duct of small business activities on military installations in

152 H. R. 5515—152 the United States and such other matters in connection with the conduct of such business activities by military spouses as the Secretary considers appropriate; and (2) seek to identify mechanisms to ensure that costs and fees associated with the usage by military spouses of such facilities, utilities, and other resources in connection with such business activities does not meaningfully curtail or eliminate the opportunity for military spouses to profit reasonably from such business activities. (c) R EPORT .—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 that includes the results of the assessment, including the results with respect to each element described in subsection (b). Subtitle I—Decorations and Awards SEC. 581. ATOMIC VETERANS SERVICE CERTIFICATE. ERVICE C ERTIFICATE (a) S EQUIRED .—The Secretary of Defense R shall design and produce a military service certificate, to be known as the ‘‘Atomic Veterans Service Certificate’’, 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). ISTRIBUTION OF C ERTIFICATE .— (b) D SSUANCE TO RETIRED AND FORMER MEMBERS .—At the (1) I request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Certificate to the vet- eran. (2) I SSUANCE 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 Certificate to the next-of-kin of the person. SEC. 582. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HAN- DLERS OF MILITARY WORKING DOGS. ROGRAM OF A WARD R (a) P .—Each Secretary of a mili- EQUIRED tary department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs. (b) M EDALS AND C OMMENDATIONS .—Any medal or commenda- tion awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify. The Secretary concerned may use an existing award to carry out such program. (c) P RESENTATION AND A CCEPTANCE .—Any medal or commenda- tion awarded pursuant to a program under subsection (a) may be presented to and accepted by the handler concerned on behalf of the handler and the military working dog concerned. (d) R EGULATIONS .—Medals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

153 H. R. 5515—153 SEC. 583. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO JUSTIN T. GALLEGOS FOR ACTS OF VALOR DURING OPERATION ENDURING FREEDOM. T IME L IMITATIONS .—Notwithstanding the time (a) W AIVER OF 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) A V ALOR D CTS OF .—The acts of valor referred ESCRIBED 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. Subtitle J—Miscellaneous Reports and Other Matters SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT MATTERS. ATE OF (a) D UBMITTAL .—Subsection (a) of section 115a of S title 10, United States Code, is amended in the matter preceding paragraph (1) by striking ‘‘not later than 45 days after the date on which’’ and inserting ‘‘on the date on which’’. (b) S PECIFICATION OF A NTICIPATED O PPORTUNITIES FOR P RO - MOTION OF C O FFICERS .—Subsection (d) of such section OMMISSIONED is amended by adding the following new paragraph: ‘‘(4) The opportunities for promotion of commissioned offi- cers anticipated to be estimated pursuant to section 623(b)(4) of this title for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to section 611 of this title during such fiscal year.’’. SEC. 592. BURIAL OF UNCLAIMED REMAINS OF INMATES AT THE UNITED STATES DISCIPLINARY BARRACKS CEMETERY, FORT LEAVENWORTH, KANSAS. Section 985 of title 10, United States Code, is amended— (1) in subsection (b), by striking ‘‘A person who is ineligible’’ in the matter preceding paragraph (1) and inserting ‘‘Except as provided in subsection (c), a person who is ineligible’’; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) U NCLAIMED R EMAINS OF M ILITARY P RISONERS .—Subsection (b) shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38, who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains.’’.

154 H. R. 5515—154 SEC. 593. STANDARDIZATION OF FREQUENCY OF ACADEMY VISITS OF THE AIR FORCE ACADEMY BOARD OF VISITORS WITH ACADEMY VISITS OF BOARDS OF OTHER MILITARY SERVICE ACADEMIES. Section 9355 of title 10, United States Code, is amended by striking subsection (d) and inserting the following new subsection: ‘‘(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.’’. SEC. 594. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC SERVICE MATTERS. (a) D EFINITIONS .—Section 551(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2130) is amended— (1) in paragraph (1), by inserting after ‘‘United States Code)’’ the following: ‘‘or active status (as that term is defined in subsection (d)(4) of such section)’’; (2) in paragraph (2)— (A) by striking ‘‘ ‘national service’ ’’ and inserting ‘‘ ‘public service’ ’’; and (B) by striking ‘‘or State Government’’ and inserting ‘‘, State, Tribal, or local government’’; (3) in paragraph (3)— (A) by striking ‘‘ ‘public service’ ’’ and inserting ‘‘ ‘national service’ ’’; and (B) by striking ‘‘employment’’ and inserting ‘‘participa- tion’’; and (4) by adding at the end the following new paragraph: ‘‘(4) The term ‘establishment date’ means September 19, 2017.’’. XCEPTION TO APERWORK R EDUCTION A CT .—Section 555(e) P (b) E of that Act (130 Stat. 2134) is amended by adding at the end the following new paragraph: ‘‘(4) P APERWORK REDUCTION ACT .—For purposes of devel- oping its recommendations, the information collection of the Commission may be treated as a pilot project under section 3505(a) of title 44, United States Code. In addition, the Commis- sion shall not be subject to the requirements of section 3506(c)(2)(A) of such title.’’. SEC. 595. PUBLIC AVAILABILITY OF TOP-LINE NUMBERS OF DEPLOYED MEMBERS OF THE ARMED FORCES. (a) I N G ENERAL .—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 cov- ered by the report. (b) W AIVER .—

155 H. R. 5515—155 (1) I .—The Secretary may waive the requirement N GENERAL 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. .— If the Secretary issues a waiver under this (2) N OTICE subsection, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives— (A) a notice of the waiver; and (B) the reasons for the determination to issue the waiver. (c) S ENSITIVE ILITARY O PERATION D EFINED .—The term ‘‘sen- M sitive military operation’’ has the meaning given that term in section 130f(d) of title 10, United States Code. SEC. 596. REPORT ON GENERAL AND FLAG OFFICER COSTS. (a) R EPORT R EQUIRED .—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. LEMENTS (b) E .—The report required under subsection (a) 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 report of the Office of the Secretary of Defense, Office of Cost Assessment and Program Evaluation titled ‘‘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 spe- cific 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 system 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

156 H. R. 5515—156 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. 597. STUDY ON ACTIVE SERVICE OBLIGATIONS FOR MEDICAL TRAINING WITH OTHER SERVICE OBLIGATIONS FOR EDU- CATION OR TRAINING AND HEALTH PROFESSIONAL RECRUITING. EVIEW .—Not later than 180 days after the date of the (a) R enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing and report on the effects of consecutive service on active duty service obligations for medical training as they relate to other service obligations for education or training. (b) M I ATTERS .—The briefing and report under sub- NCLUDED section (a) shall include the following: (1) The extent to which consecutive active duty service obligations for medical education and training may affect recruiting and retention of health professionals in the military health system. (2) The extent to which the military departments and the Department of Defense use incentive pay authority to recruit and retain health professionals. (3) The extent to which the military departments and the Department of Defense consider geographic location and com- petition in the civilian health professional marketplace when developing incentive pay and competitive salaries. (4) A comparison of salaries for— (A) military physicians and dentists with critical med- ical and dental skills; and (B) civilian physicians and dentists with comparable skills. (5) The extent to which consecutive service obligations may result in unintended consequences relating to— (A) general medical officers; (B) residency training; (C) enrollment at the Uniformed Services University; and (D) other matters related to consecutive service obliga- tions on medical training. (6) Any other matter the Comptroller General determines is appropriate. SEC. 598. CRITERIA FOR INTERMENT AT ARLINGTON NATIONAL CEME- TERY. (a) C RITERIA .—The Secretary of the Army, in consultation with the Secretary of Defense, shall prescribe revised criteria for inter- ment 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

157 H. R. 5515—157 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 Inter- ment and Inurnment Capacity 2017’’. EADLINE .—The Secretary of the Army shall establish the (b) D criteria under subsection (a) not later than September 30, 2019. SEC. 599. LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF REPORT ON ARMY MARKETING AND ADVERTISING PRO- GRAM. R EQUIRED .— EPORT (a) R N GENERAL .—The Secretary of the Army shall submit (1) I 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 over- sight and return on investment. (2) C ONTENTS .—The report required by paragraph (1) shall address each of the following: (A) The mitigation and oversight measures imple- mented 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 experi- ence within the Army Marketing and Research Group (hereafter in this section referred to as the ‘‘AMRG’’). (D) A workforce analysis of the 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 work- place 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 the AMRG contained in Audit Report A–2018–0033–MTH. (b) L IMITATION ON U SE OF F UNDS .—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 adver- tising and marketing activities may be obligated or expended until the Secretary of the Army submits the report required by subsection (a). (c) C OMPTROLLER G ENERAL R EVIEW .—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

158 H. R. 5515—158 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. 600. 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: ROOF OF MILITARY SERVICE .— ‘‘(1) P ‘‘(A) I N GENERAL .—Not later than 180 days after the date of a servicemember’s termination or release from mili- tary 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) I NDEPENDENT VERIFICATION BY CREDITOR .— ‘‘(i) I N GENERAL .—A creditor may use, in lieu of notice and documentation under subparagraph (A), information retrieved from the Defense Manpower Data Center through the creditor’s normal business reviews of such Center for purposes of obtaining information indicating that the servicemember is on active duty. ‘‘(ii) S AFE HARBOR .—A creditor that uses the information retrieved from the Defense Manpower Data Center under clause (i) with respect to a service- member has not failed to treat the debt of the service- member 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, by the end of the 180-day period under subparagraph (A), received the written notice and documentation required under that subparagraph with respect to the serv- icemember.’’. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Repeal of authority for payment of personal money allowances to Navy of- ficers serving in certain positions. Sec. 602. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations. Sec. 603. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel. Sec. 604. Extension of parking expenses allowance to civilian employees at recruit- ing facilities.

159 H. R. 5515—159 Sec. 605. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard. Sec. 606. Military Housing Privatization Initiative. Subtitle B—Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 612. Report on imminent danger pay and hostile fire pay. Subtitle C—Other Matters Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers. Sec. 622. Technical corrections in calculation and publication of special survivor in- demnity allowance cost of living adjustments. Sec. 623. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of mili- tary service. Sec. 624. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total. Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation. Sec. 626. Access to military installations for certain surviving spouses and other next of kin of members of the Armed Forces who die while on active duty or certain reserve duty. Sec. 627. Study and report on development of a single defense resale system. Subtitle A—Pay and Allowances SEC. 601. REPEAL OF AUTHORITY FOR PAYMENT OF PERSONAL MONEY ALLOWANCES TO NAVY OFFICERS SERVING IN CERTAIN POSITIONS. EPEAL .—Section 414 of title 37, United States Code, is (a) R amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). (b) E FFECTIVE D ATE .—The amendments made by subsection (a) shall take effect on December 31, 2018, and shall apply with respect to personal money allowances payable under section 414 of title 37, United States Code, for years beginning after that date. SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGH- DEPLOYMENT ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND FREQUENT MOBILIZATIONS. Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting ‘‘section 12304b of title 10 or’’ after ‘‘under’’ the first place it appears. SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS BASED ON THE DURATION OF TEMPORARY DUTY ASSIGN- MENT OR CIVILIAN TRAVEL. (a) M EMBERS .—Section 474(d)(3) of title 37, United States Code, is amended by adding at the end the following new sentence: ‘‘The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimburse- ment, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary.’’. (b) C IVILIAN E MPLOYEES .—Section 5702(a)(2) of title 5, United States Code, is amended by adding at the end the following new sentence: ‘‘The Secretary of Defense shall not alter the amount

160 H. R. 5515—160 of the per diem allowance, or the maximum amount of reimburse- ment, for a locality based on the duration of the travel in the locality of an employee of the Department.’’. .— (c) R EPEALS .—The policy, and XISTING POLICY AND REGULATIONS (1) E any regulations issued pursuant to such policy, implemented by the Secretary of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect. TTEMPTED STATUTORY FIX .—Section 672 of the National (2) A Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed. SEC. 604. 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. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR NON- REDUCTION IN PAY WHILE SERVING IN THE UNIFORMED SERVICES OR NATIONAL GUARD. Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting ‘‘section 12304b of title 10 or’’ after ‘‘under’’. SEC. 606. MILITARY HOUSING PRIVATIZATION INITIATIVE. (a) P AYMENT A UTHORITY .—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. LAN FOR MHPI H OUSING .—Not later than December 1, (b) P 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) R EPORTING .—The Secretary shall direct the Assistant Sec- retary 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 finan- cial condition of MHPI housing.

161 H. R. 5515—161 (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 col- lected; (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 secre- taries of the military departments to— (A) assess the significance of the specific risks to indi- vidual 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 depart- ments shall provide notification of housing project changes to the congressional defense committees; and (B) which types of such changes require prior notifica- tion to or prior approval from the congressional defense committees. (d) D .—In this section: EFINITIONS (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) on or before Sep- tember 30, 2014. Subtitle B—Bonuses and Special Incentive Pays SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES. UTHORITIES R (a) A R ESERVE F ORCES .—Section 910(g) ELATING TO of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. C ITLE 10 A UTHORITIES R ELATING TO H EALTH - ARE P ROFES (b) T SIONALS .—The following sections of title 10, United States Code, are amended by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’:

162 H. R. 5515—162 (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. .—Section N UCLEAR O FFICERS ELATING TO R UTHORITIES (c) A 333(i) of title 37, United States Code, is amended by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. R ELATING TO T ITLE 37 C ONSOLIDATED S PECIAL UTHORITIES (d) A P , I AY P AY , AND B ONUS A UTHORITIES .—The following sec- NCENTIVE tions 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 pro- ficiency bonus. (9) Section 355(h), relating to retention incentives for mem- bers qualified in critical military skills or assigned to high priority units. UTHORITY TO P ROVIDE T EMPORARY I NCREASE IN ATES R (e) A B ASIC A OF H OUSING .—Section 403(b)(7)(E) of title LLOWANCE FOR 37, United States Code, is amended by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. SEC. 612. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE PAY. EPORT R EQUIRED .—Not later than March 1, 2019, the (a) R 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) E LEMENTS .—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.

163 H. R. 5515—163 (B) Whether the Secretary believes it would be appro- priate to tie such pay to specific authorizations for deploy- ments (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 oper- ational environment. (D) How the Secretary would implement each change under subparagraph (C). (E) Recommendations of the Secretary for related regu- lations or legislative action. Subtitle C—Other Matters SEC. 621. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECRE- ATION PRIVILEGES TO CERTAIN VETERANS AND THEIR CAREGIVERS. T ITLE (a) S HORT .—This section may be cited as the ‘‘Purple Heart and Disabled Veterans Equal Access Act of 2018’’. S TORES AND MWR F OMMISSARY P RIVILEGES FOR (b) C ACILITIES ERTAIN C ETERANS AND V ETERAN C AREGIVERS .— V (1) E .—Chapter 54 of title 10, XTENSION OF PRIVILEGES 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 LIGIBILITY OF V ETERANS A WARDED THE .— URPLE H EART P ‘‘(a) E 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. LIGIBILITY OF V ETERANS W HO A RE M EDAL OF H ONOR ‘‘(b) E R .—A veteran who is a Medal of Honor recipient shall ECIPIENTS 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) E V ETERANS W HO A RE F ORMER LIGIBILITY OF RISONERS P OF W AR .—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) E LIGIBILITY OF V ETERANS W ITH S ERVICE -C ONNECTED D ISABILITIES .—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) E C AREGIVERS FOR V ETERANS .—A caregiver LIGIBILITY OF 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) U SER F EE A UTHORITY .—(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.

164 H. R. 5515—164 ‘‘(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 proc- essing 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) D EFINITIONS .—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.’’. LERICAL AMENDMENT .—The table of sections at the (2) C 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 care- givers for veterans.’’. (3) E FFECTIVE DATE .—Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect on January 1, 2020. (4) B RIEFING REQUIRED .—Not later than October 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary to implement section 1065 of title 10, United States Code, as added by paragraph (1). SEC. 622. TECHNICAL CORRECTIONS IN CALCULATION AND PUBLICA- TION OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE COST OF LIVING ADJUSTMENTS. (a) M W HICH A DJUSTMENT A PPLICABLE .—Paragraph ONTHS FOR (2) of section 1450(m) of title 10, United States Code, is amended— (1) in subparagraph (I), by striking ‘‘December’’ and inserting ‘‘November’’; and (2) in subparagraph (J), by striking ‘‘for months during any calendar year after 2018’’ and inserting ‘‘for months after November 2018’’. (b) C OST OF L IVING A DJUSTMENT .—Paragraph (6) of such section is amended— AFTER 2018 ’’ (1) in the paragraph heading, by striking ‘‘ and inserting ‘‘ AFTER NOVEMBER 2018 ’’; and

165 H. R. 5515—165 (2) by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: ‘‘(A) I N GENERAL .—Whenever retired pay is increased for a month under section 1401a of this title (or any other provision of law), the amount of the allowance payable under paragraph (1) for that month shall also be increased. MOUNT OF INCREASE .—With respect to an eligible ‘‘(B) A survivor of a member of the uniformed services, the increase for a month shall be— ‘‘(i) the amount payable pursuant to paragraph (2) for months during the preceding 12-month period; plus ‘‘(ii) an amount equal to a percentage of the amount determined pursuant to clause (i), which percentage is the percentage by which the retired pay of the member would have increased for the month, as described in subparagraph (A), if the member was alive (and otherwise entitled to such pay). ‘‘(C) R .—The monthly amount of an OUNDING DOWN allowance payable under this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1. UBLIC NOTICE ON AMOUNT OF ALLOWANCE PAY ‘‘(D) P - ABLE .—Whenever an increase in the amount of the allow- ance payable under paragraph (1) is made pursuant to this paragraph, the Secretary of Defense shall publish the amount of the allowance so payable by reason of such increase, including the months for which payable.’’. (c) E FFECTIVE D ATE .—The amendments made by this section shall take effect on December 1, 2018. SEC. 623. AUTHORITY TO AWARD DAMAGED PERSONAL PROTECTIVE EQUIPMENT TO MEMBERS SEPARATING FROM THE ARMED FORCES AND VETERANS AS MEMENTOS OF MILITARY SERVICE. N G ENERAL (a) I .—Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2568a. Damaged personal protective equipment: award to members separating from the Armed Forces and veterans ‘‘(a) I N G ENERAL .—The Secretary of a military department, acting through a disposition service distribution center of the Defense Logistics Agency, may award to a covered individual the demilitarized PPE of that covered individual. The award of PPE under this section shall be without cost to the covered individual. EFINITIONS .—In this section: ‘‘(b) D ‘‘(1) The term ‘covered individual’ means— ‘‘(A) a member of the armed forces— ‘‘(i) under the jurisdiction of the Secretary con- cerned; and ‘‘(ii) who is separating from the armed forces; or ‘‘(B) a veteran who was under the jurisdiction of the Secretary concerned while a member of the armed forces. ‘‘(2) The term ‘PPE’ means personal protective equipment that was damaged in combat or otherwise— ‘‘(A) during the deployment of a covered individual; and

166 H. R. 5515—166 ‘‘(B) after September 11, 2001.’’. LERICAL A .—The table of sections at the begin- (b) C MENDMENT ning of chapter 152 of such title is amended by adding at the end the following new item: ‘‘2568a. Damaged personal protective equipment: award to members separating from the armed forces and veterans.’’. SEC. 624. SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL. N G ENERAL .—Subsection (c) of section 2641b of title 10, (a) I United States Code, is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new para- graph (4): ‘‘(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.’’. (b) C L ONDITIONS AND .—Such section is further IMITATIONS amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) V ETERANS W ITH S ERVICE - CONNECTED D ISABILITIES R ATED AS T .—(1) Travel may not be provided under this section to OTAL a veteran eligible for travel pursuant to subsection (c)(4) in priority over any member eligible for travel under subsection (c)(1) or any dependent of such a member eligible for travel under this section. ‘‘(2) The authority in subsection (c)(4) may not be construed as affecting or in any way imposing on the Department of Defense, any armed force, or any commercial company with which they contract an obligation or expectation that they will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Department or such armed force to accommodate passengers provided travel under such authority on account of disability. ‘‘(3) The authority in subsection (c)(4) may not be construed as preempting the authority of a flight commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.’’. SEC. 625. MANDATORY INCREASE IN INSURANCE COVERAGE UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEM- BERS 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—

167 H. R. 5515—167 ‘‘(I) shall be insured in the amount elected by the member under subparagraph (B); or ‘‘(II) shall not be insured, if so elected under para- graph (2)(A).’’. SEC. 626. ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN SUR- VIVING SPOUSES AND OTHER NEXT OF KIN OF MEMBERS OF THE ARMED FORCES WHO DIE WHILE ON ACTIVE DUTY OR CERTAIN RESERVE DUTY. FOR A CCESS OF (a) P URVIVING S POUSES ROCEDURES S R .—The Secretary of Defense, acting jointly with the Sec- EQUIRED retary of Homeland Security, shall establish procedures by which an eligible surviving spouse may obtain unescorted access, as appro- priate, to military installations in order to receive benefits to which the eligible surviving spouse may be entitled by law or policy. ROCEDURES FOR A CCESS OF N EXT OF K IN .— UTHORIZED A (b) P (1) I N GENERAL .—The Secretary of Defense, acting jointly with the Secretary of Homeland Security, may establish proce- dures by which the next of kin of a covered member of the Armed Forces, in addition to an eligible surviving spouse, may obtain access to military installations for such purposes and under such conditions as the Secretaries jointly consider appro- priate. .—If the Secretaries establish procedures EXT OF KIN (2) N pursuant to paragraph (1), the Secretaries shall jointly specify the individuals who shall constitute next of kin for purposes of such procedures. (c) C .—Any procedures established under this ONSIDERATIONS section shall— (1) be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments; (2) minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accom- paniment of a dependent child; (3) take into account measures required to ensure the secu- rity of military installations, including purpose and eligibility for access and renewal periodicity; and (4) take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate. (d) D EADLINE .—The procedures required by subsection (a) shall be established by the date that is not later than one year after the date of the enactment of this Act. (e) D EFINITIONS .—In this section: (1) The term ‘‘eligible surviving spouse’’ means an indi- vidual who is a surviving spouse of a covered member of the Armed Forces, without regard to whether the individual remarries after the death of the covered member of the Armed Forces. (2) The term ‘‘covered member of the Armed Forces’’ means a member of the Armed Forces who dies while serving— (A) on active duty; or

168 H. R. 5515—168 (B) on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section. SEC. 627. STUDY AND REPORT ON DEVELOPMENT OF A SINGLE DEFENSE RESALE SYSTEM. TUDY (a) S .—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 enti- ties. (4) Determinations of which back-office processes and sys- tems associated with finance and payment processing tech- nologies the Secretary could convert to common technologies. EPORT .—Not later than January 1, 2019, the Secretary (b) R 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 struc- tures of a consolidated defense resale system. (2) Recommendations of the Secretaries of each of the mili- tary departments regarding the plan to consolidate the military resale entities. (3) The costs and associated plan for the merger of tech- nologies 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) P ROHIBITION ON U SE OF F UNDS .—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. .—In this section the ILITARY R ESALE E NTITIES D EFINED (d) M 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.

169 H. R. 5515—169 TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces. Sec. 702. Pilot program on treatment of members of the Armed Forces for post- traumatic stress disorder related to military sexual trauma. Subtitle B—Health Care Administration Sec. 711. Improvement of administration of the Defense Health Agency and mili- tary medical treatment facilities. Sec. 712. Organizational framework of the military healthcare system to support the medical requirements of the combatant commands. Sec. 713. Administration of TRICARE dental plans through the Federal Employees Dental and Vision Insurance Program. Sec. 714. Streamlining of TRICARE Prime beneficiary referral process. Sec. 715. Sharing of information with State prescription drug monitoring programs. Sec. 716. Pilot program on opioid management in the military health system. Sec. 717. Wounded warrior policy review. Sec. 718. Medical simulation technology and live tissue training within the Depart- ment of Defense. Sec. 719. Improvements to trauma center partnerships. Sec. 720. Improvement to notification to Congress of hospitalization of combat- wounded members of the Armed Forces. Subtitle C—Reports and Other Matters Sec. 731. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 732. Joint forces medical capabilities development and standardization. Sec. 733. Inclusion of gambling disorder in health assessments of members of the Armed Forces and related research efforts. Sec. 734. Report on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life. Sec. 735. Pilot program on earning by special operations forces medics of credit to- ward a physician assistant degree. Sec. 736. Strategic medical research plan. Sec. 737. Comptroller General of the United States review of Defense Health Agen- cy oversight of transition between managed care support contractors for the TRICARE program. Sec. 738. Comptroller General study on availability of long-term care options for veterans from Department of Veterans Affairs. Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foun- dation for the Advancement of Military Medicine. Subtitle A—TRICARE and Other Health Care Benefits SEC. 701. CESSATION OF REQUIREMENT FOR MENTAL HEALTH ASSESS- MENT OF MEMBERS AFTER REDEPLOYMENT FROM A CONTINGENCY OPERATION UPON DISCHARGE OR RELEASE FROM THE ARMED FORCES. Section 1074m of title 10, United States Code, is amended— (1) in subsection (a)(1)(C), by striking ‘‘Once’’ and inserting ‘‘Subject to subsection (d), once’’; and (2) in subsection (d), by striking ‘‘subsection (a)(1)(D)’’ and inserting ‘‘subparagraph (C) or (D) of subsection (a)(1)’’. SEC. 702. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED FORCES FOR POST-TRAUMATIC STRESS DISORDER RELATED TO MILITARY SEXUAL TRAUMA. (a) I N G ENERAL .—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using

170 H. R. 5515—170 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. T P ARTNERSHIPS .—The pilot program (b) D HROUGH ISCHARGE authorized by subsection (a) shall be carried out through partner- ships 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). ROGRAM A CTIVITIES .—Each organization or institution that (c) P participates in a partnership under the pilot program authorized by subsection (a) shall— (1) carry out intensive outpatient programs of short dura- tion 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 pro- gram; and (4) annually assess outcomes for members of the Armed Forces individually and among the organizations and institu- tions participating in the pilot program with respect to the treatment of conditions described in paragraph (1). VALUATION M ETRICS .—Before commencement of the pilot (d) E program, the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program and the activities under the pilot program. EPORTS .— (e) R (1) I NITIAL 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 author- ized by subsection (a). The report shall include a description of the pilot program and such other matters on the pilot pro- gram as the Secretary considers appropriate. (2) F INAL REPORT .—Not later than 180 days after the ces- sation of the pilot program under subsection (f), the Secretary shall submit to the committees of Congress referred to in para- graph (1) a report on the pilot program. The report shall include the following: (A) A description of the pilot program, including the partnerships under the pilot program as described in sub- section (b). (B) An assessment of the effectiveness of the pilot program and the activities under the pilot program.

171 H. R. 5515—171 (C) Such recommendations for legislative or adminis- trative 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) T ERMINATION .—The Secretary may not carry out the pilot program authorized by subsection (a) after the date that is three years after the date of the enactment of this Act. Subtitle B—Health Care Administration SEC. 711. IMPROVEMENT OF ADMINISTRATION OF THE DEFENSE HEALTH AGENCY AND MILITARY MEDICAL TREATMENT FACILITIES. DMINISTRATION OF F ACILITIES BY (a) A IRECTOR OF D EFENSE D A GENCY .— EALTH H (1) I .—Subsection (a) of section 1073c of title N GENERAL 10, United States Code, is amended— (A) in paragraph (1), by striking ‘‘Beginning October 1, 2018,’’ and inserting ‘‘In accordance with paragraph (4), by not later than September 30, 2021,’’; (B) by redesignating paragraphs (2) and (3) as para- graphs (3) and (5), respectively; (C) by inserting after paragraph (1) the following new paragraph (2): ‘‘(2) In addition to the responsibilities set forth in paragraph (1), the Director of the Defense Health Agency shall, commencing when the Director begins to exercise responsibilities under that paragraph, have the authority— ‘‘(A) to direct, control, and serve as the primary rater of the performance of commanders or directors of military med- ical treatment facilities; ‘‘(B) to direct and control any intermediary organizations between the Defense Health Agency and military medical treat- ment facilities; ‘‘(C) to determine the scope of medical care provided at each military medical treatment facility to meet the military personnel readiness requirements of the senior military oper- ational commander of the military installation; ‘‘(D) to determine total workforce requirements at each military medical treatment facility; ‘‘(E) to direct joint manning at military medical treatment facilities and intermediary organizations; ‘‘(F) to address personnel staffing shortages at military medical treatment facilities; and ‘‘(G) to select among service nominations for commanders or directors of military medical treatment facilities.’’; (D) by inserting after paragraph (3), as redesignated by subparagraph (B), the following new paragraph (4): ‘‘(4) 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 such Secretary to the Director of the Defense Health Agency pursu- ant to paragraph (1) by the date specified in such paragraph.’’; and

172 H. R. 5515—172 (E) in paragraph (5), as so redesignated, by striking ‘‘subsection (a)’’ and inserting ‘‘paragraphs (1) and (2)’’. (2) C OMBAT SUPPORT RESPONSIBILITIES .—Subsection (d)(2) of such section is amended by adding at the end the following new subparagraph: ‘‘(C) Ensuring that the Defense Health Agency meets the military medical readiness requirements of the senior military operational commanders of the military installations.’’. (3) L IMITATION ON CLOSURES AND DOWNSIZINGS IN CONNEC - TION WITH TRANSITION OF ADMINISTRATION .—In carrying out the transition of responsibility for the administration of military medical treatment facilities pursuant to subsection (a) of section 1073c of title 10, United States Code (as amended by paragraph (1)), and in addition to any other applicable requirements under section 1073d of that title, the Secretary of Defense may not close any military medical treatment facility, or downsize any medical center, hospital, or ambulatory care center (as specified in section 1073d of that title), that addresses the medical needs of beneficiaries and the community in the vicinity of such facility, center, hospital, or care center until the Secretary submits to the congressional defense committees a report set- ting forth the following: (A) A description of the methodology and criteria to be used by the Secretary to make decisions to close any military medical treatment facility, or to downsize any medical center, hospital, or ambulatory care center, in connection with the transition, including input from the military department concerned. (B) A requirement that no closure of a military medical treatment facility, or downsizing of a medical center, hos- pital, or ambulatory care center, in connection with the transition will occur until 90 days after the date on which Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the closure or downsizing. RGANIZATIONS DDITIONAL EFENSE H EALTH A GENCY .— D O (b) A (1) I N GENERAL .—Section 1073c of such title is further amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection (e): ‘‘(e) A DDITIONAL DHA O RGANIZATIONS .—Not later than Sep- tember 30, 2022, the Secretary of Defense shall, acting though the Director of the Defense Health Agency, establish within the Defense Health Agency the following: ‘‘(1) A subordinate organization, to be called the Defense Health Agency Research and Development— ‘‘(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Research and Development); ‘‘(B) comprised of the Army Medical Research and Materiel Command and such other medical research organizations and activities of the armed forces as the Secretary considers appropriate; and

173 H. R. 5515—173 ‘‘(C) responsible for coordinating funding for Defense Health Program Research, Development, Test, and Evalua- tion, the Congressionally Directed Medical Research Pro- gram, and related Department of Defense medical research. ‘‘(2) A subordinate organization, to be called the Defense Health Agency Public Health— ‘‘(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Public Health); and ‘‘(B) comprised of the Army Public Health Command, the Navy–Marine Corps Public Health Command, Air Force public health programs, and any other related defense health activities that the Secretary considers appropriate, including overseas laboratories focused on preventive medi- cine, environmental health, and similar matters.’’. (2) R ON FEASIBILITY EPORT FURTHER ADDITIONAL OF ORGANIZATION IN DHA .—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of establishing with the Defense Health Agency a subordinate organization, to be called the Defense Health Agency Education and Training, to be led by the President of the Uniformed Services University of the Health Sciences and to be comprised of the current Medical Education and Training Campus, the Uniformed Services University of the Health Sciences, the med- ical education and training commands of the Armed Forces, and such other elements, facilities, and commands of the Department of Defense as the Secretary considers appropriate. (c) R F S UPERSEDING O RGANIZATION FOR EPORT ON EASIBILITY OF DHA.— (1) R EPORT REQUIRED .—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of establishing a command, to be called the Defense Health Command, as a superseding organization to the Defense Health Agency. (2) E LEMENTS .—If the Secretary determines in the report under paragraph (1) that a command as a superseding organiza- tion to the Defense Health Agency is feasible, the report shall include the following: (A) A description of the required responsibilities of the commander of the command. (B) A description of any current organizations that support the Defense Health Agency to be included in the command. (C) A description of any authorities required for the leadership and direction of the command. (D) Any other matters in the connection with the establishment, operations, and activities of the command that the Secretary considers appropriate.

174 H. R. 5515—174 SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE MILITARY HEALTHCARE SYSTEM TO SUPPORT THE MEDICAL REQUIREMENTS OF THE COMBATANT COMMANDS. F RAMEWORK R EQUIRED .— (a) O RGANIZATIONAL .—The Secretary of Defense shall, acting (1) I N GENERAL through the Director of the Defense Health Agency, implement an organizational framework for the military healthcare system that most effectively implements chapter 55 of title 10, United States Code, in a manner that maximizes interoperability and fully integrates medical capabilities of the Armed Forces in order to enhance joint military medical operations in support of requirements of the combatant commands. (2) C WITH CERTAIN REQUIREMENTS OMPLIANCE .—The organizational framework, as implemented, shall comply with all requirements of section 1073c of title 10, United States Code, except for the implementation date specified in subsection (a) of such section. (b) D EFENSE H EALTH R EGIONS IN CONUS.—The organizational framework required by subsection (a) shall meet the requirements as follows: (1) D EFENSE HEALTH REGIONS .—There shall be not more than two defense health regions in the continental United States. (2) L EADERS .—Each region under paragraph (1) shall be led by a commander or director who is a member of the Armed Forces serving in a grade not higher than major general or rear admiral, and who— (A) shall be selected by the Director of the Defense Health Agency from among members of the Armed Forces recommended by the Secretaries of the military depart- ments for service in such position; and (B) shall be under the authority, direction, and control of the Director while serving in such position. EFENSE H EALTH R EGIONS OCONUS.—The organizational (c) D framework required by subsection (a) shall provide for the establish- ment of not more than two defense health regions outside the continental United States in order— (1) to enhance joint military medical operations in support of the requirements of the combatant commands in such region or regions, with a specific focus on current and future contin- gency and operational plans; (2) to ensure the provision of high-quality healthcare serv- ices to beneficiaries; and (3) to improve the interoperability of healthcare delivery systems in the defense health regions (whether under this subsection, subsection (b), or both). LANNING AND C OORDINATION .— (d) P (1) S USTAINMENT OF CLINICAL COMPETENCIES AND STAFFING .—The Director of the Defense Health Agency shall— (A) provide in each defense health region under this section healthcare delivery venues for uniformed medical and dental personnel to obtain operational clinical com- petencies; and (B) coordinate with the military departments to ensure that staffing at military medical treatment facilities in each region supports readiness requirements for members of the Armed Forces and military medical personnel.

175 H. R. 5515—175 (2) O .— VERSIGHT AND ALLOCATION OF RESOURCES N GENERAL .—The Director shall, consistent with (A) I section 193 of title 10, United States Code, coordinate with the Chairman of the Joint Chiefs of Staff, through the Joint Staff Surgeon, to conduct oversight and direct resources to support requirements related to readiness and operational medicine support that are validated by the Joint Staff. (B) S UPPLY AND DEMAND FOR MEDICAL SERVICES .— Based on operational medical force readiness requirements of the combatant commands validated by the Joint Staff, the Director shall— (i) validate supply and demand requirements for medical and dental services at each military medical treatment facility; (ii) in coordination with the Surgeons General of the Armed Forces, provide currency workload for uni- formed medical and dental personnel at each such facility to maintain skills proficiency; and (iii) if workload is insufficient to meet require- ments, identify alternative training and clinical prac- tice sites for uniformed medical and dental personnel, and establish military-civilian training partnerships, to provide such workload. DDITIONAL D UTIES OF S URGEONS G ENERAL OF THE A RMED (e) A F .— ORCES N GENERAL (1) I .—The Surgeons General of the Armed Forces shall have the duties as follows: (A) To assign uniformed medical and dental personnel of the military department concerned to military medical treatment facilities for training activities specific to such military department and for operational and training mis- sions, during which assignment such personnel shall be under the operational control of the commander or director of the military medical treatment facility concerned, subject to the authority, direction, and control of the Director of the Defense Health Agency. (B) To ensure the readiness for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned. (C) To provide logistical support for operational deploy- ment of medical and dental personnel and deployable med- ical or dental teams or units of the Armed Force or Armed Forces concerned. (D) To oversee mobilization and demobilization in connection with the operational deployment of medical and dental personnel of the Armed Force or Armed Forces concerned. (E) To carry out operational medical and dental force development for the military department concerned. (F) In coordination with the Secretary concerned, to ensure that the operational medical force readiness organizations of the Armed Forces support the medical and dental readiness responsibilities of the Director.

176 H. R. 5515—176 (G) To develop operational medical capabilities required to support the warfighter, and to develop policy relating to such capabilities. (H) To provide health professionals to serve in leader- ship positions across the military healthcare system. EDICAL FORCE REQUIREMENTS OF THE COMBATANT COM - (2) M MANDS .—The Surgeon General of each Armed Force shall, on behalf of the Secretary concerned, ensure that the uniformed medical and dental personnel serving in such Armed Force receive training and clinical practice opportunities necessary to ensure that such personnel are capable of meeting the oper- ational medical force requirements of the combatant commands applicable to such personnel. Such training and practice opportunities shall be provided through programs and activities of the Defense Health Agency and by such other mechanisms as the Secretary of Defense shall designate for purposes of this paragraph. (3) C ONSTRUCTION OF DUTIES .—The duties of a Surgeon General of the Armed Forces under this subsection are in addition to the duties of such Surgeon General under section 3036, 5137, or 8036 of title 10, United States Code, as applicable. (f) R .—Not later than 270 days after the date of the EPORT enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth the following: (1) A description of the organizational structure of the office of each Surgeon General of the Armed Forces, and of any subordinate organizations of the Armed Forces that will support the functions and responsibilities of a Surgeon General of the Armed Forces. (2) The manning documents for staffing in support of the organizational structures described pursuant to paragraph (1), including manning levels before and after such organizational structures are implemented. (3) Such recommendations for legislative or administrative action as the Secretary considers appropriate in connection with the implementation of such organizational structures and, in particular, to avoid duplication of functions and tasks between the organizations in such organizational structures and the Defense Health Agency. SEC. 713. ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH THE FEDERAL EMPLOYEES DENTAL AND VISION INSUR- ANCE PROGRAM. LIGIBILITY OF A DDITIONAL B (a) E U NDER F EDERAL ENEFICIARIES E MPLOYEES D ENTAL AND V ISION I NSURANCE P ROGRAM .—Section 8951(8) of title 5, United States Code, is amended by striking ‘‘1076c’’ and inserting ‘‘1076a or 1076c’’. (b) A DMINISTRATION OF TRICARE D ENTAL P LANS .—Subsection (b) of section 1076a of title 10, United States Code, is amended to read as follows: ‘‘(b) A DMINISTRATION OF P LANS .—The plans established under this section shall be administered by the Secretary of Defense through an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (a) to enroll in an insurance plan under chapter 89A of title 5, in accordance

177 H. R. 5515—177 with terms prescribed by the Secretary, including terms, to the extent practical, as defined by the Director through regulation, consistent with subsection (d) and, to the extent practicable in relation to such chapter 89A, other provisions of this section.’’. (c) A .—The amendments made by this section shall PPLICABILITY apply with respect to the first contract year for chapter 89A of title 5, United States Code, that begins on or after January 1, 2022. (d) T RANSITION .—To ensure a successful transition pursuant to the amendments made by this section in the administration of the TRICARE dental plans under section 1076a of title 10, United States Code, the Secretary of Defense shall ensure that the contractor for such plans provides claims information under such plans to carriers providing dental coverage under chapter 89A of title 5, United States Code, after the transition. .— EPORT (e) R N GENERAL (1) I .—Not later than January 1, 2020, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the transition in the administration of the TRICARE dental insurance plan for retirees from administration by the Department of Defense as the TRICARE Retiree Dental Plan to administration by the Office of Personnel Management as part of the Federal Employees Dental and Vision Insurance Program. (2) E LEMENTS .—The report required by paragraph (1) shall include the following: (A) A description of lessons learned from the transition of the administration of the TRICARE dental insurance plan for retirees from administration by the Department as the TRICARE Retiree Dental Plan to administration by the Office of Personnel Management as part of the Federal Employees Dental and Vision Insurance Program. (B) An assessment of the effectiveness of the transition. (C) A timeline for the implementation plan for the transition of the administration of the TRICARE dental plans under section 1076a of title 10, United States Code, to administration as part of the Federal Employees Dental and Vision Insurance Program pursuant to the amend- ments made by this section. SEC. 714. STREAMLINING OF TRICARE PRIME BENEFICIARY REFERRAL PROCESS. (a) I N G ENERAL .—The Secretary of Defense shall streamline the process under section 1095f of title 10, United States Code, by which beneficiaries enrolled in TRICARE Prime are referred to the civilian provider network for inpatient or outpatient care under the TRICARE program. .—In carrying out the requirement in subsection BJECTIVES (b) O (a), the Secretary shall meet the following objectives: (1) The referral process shall model best industry practices for referrals from primary care managers to specialty care providers. (2) The process shall limit administrative requirements for enrolled beneficiaries.

178 H. R. 5515—178 (3) Beneficiary preferences for communications relating to appointment referrals using state-of-the-art information tech- nology shall be used to expedite the process. (4) There shall be effective and efficient processes to deter- mine the availability of appointments at military medical treat- ment facilities and, when unavailable, to make prompt referrals to network providers under the TRICARE program. (c) D EADLINE FOR I MPLEMENTATION .—The requirement in sub- section (a) shall be implemented for referrals under TRICARE Prime in calendar year 2019. I MPROVEMENT .—After 2019, the Secretary VALUATION AND (d) E shall— (1) evaluate the referral process described in subsection (a) not less often than annually; and (2) make appropriate improvements to the process in light of such evaluations. EFINITIONS .—In this section, the terms ‘‘TRICARE pro- (e) D gram’’ and ‘‘TRICARE Prime’’ have the meaning given such terms in section 1072 of title 10, United States Code. SEC. 715. SHARING OF INFORMATION WITH STATE PRESCRIPTION DRUG MONITORING PROGRAMS. N (a) I ENERAL .—Section 1074g of title 10, United States Code, G 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 sub- section (g): ‘‘(g) S HARING OF W ITH S TATE P RESCRIPTION D RUG NFORMATION I M ONITORING P ROGRAMS .—(1) The Secretary of Defense shall estab- lish and maintain a program (to be known as the ‘Military Health System Prescription Drug Monitoring Program’) in accordance with this subsection. The program shall include a special emphasis on drugs provided through facilities of the uniformed services. ‘‘(2) The program shall be— ‘‘(A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and ‘‘(B) applicable to designated controlled substance prescrip- tions under the pharmacy benefits program. ‘‘(3)(A) The Secretary shall establish appropriate procedures for the bi-directional sharing of patient-specific information regarding prescriptions for designated controlled substances between the program and State prescription drug monitoring pro- grams. ‘‘(B) The purpose of sharing of information under this paragraph shall be to prevent misuse and diversion of opioid medications and other designated controlled substances. ‘‘(C) Any disclosure of patient-specific information by the Sec- retary under this paragraph is an authorized disclosure for purposes of the health information privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).

179 H. R. 5515—179 ‘‘(4)(A) Any procedures developed pursuant to paragraph (3)(A) shall include appropriate safeguards, as determined by the Sec- retary, concerning cyber security of Department of Defense systems and operational security of Department personnel. ‘‘(B) To the extent the Secretary considers appropriate, the program may be treated as comparable to a State program for purposes of bi-directional sharing of controlled substance prescrip- tion information. ‘‘(5) For purposes of this subsection, any reference to a program operated by a State includes any program operated by a county, municipality, or other subdivision within that State.’’. (b) C MENDMENT .—Section 1079(q) of such title ONFORMING A is amended by striking ‘‘section 1074g(g)’’ and inserting ‘‘section 1074g(h)’’. SEC. 716. PILOT PROGRAM ON OPIOID MANAGEMENT IN THE MILITARY HEALTH SYSTEM. ILOT (a) P ROGRAM .— P N GENERAL (1) I .—Beginning not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall implement a comprehensive pilot program to assess the feasability and advisability of mecha- nisms to minimize early exposure of beneficiaries under the TRICARE program to opioids and to prevent the progression of beneficiaries to misuse or abuse of opioid medications. (2) O PIOID SAFETY ACROSS CONTINUUM OF CARE .—The pilot program shall include elements to maximize opioid safety across the entire continuum of care consisting of patient, physician or dentist, and pharmacist. (b) E P ILOT P ROGRAM .—The pilot program shall LEMENTS OF include the following: (1) Identification of potential misuse or abuse of opioid medications in pharmacies of military treatment facilities, retail network pharmacies, and the home delivery pharmacy, and the transmission of alerts regarding such potential misuse or abuse of opioids to prescribing physicians and dentists. (2) Direct engagement with, education for, and manage- ment of beneficiaries under the TRICARE program to help such beneficiaries avoid misuse or abuse of opioid medications. (3) Proactive outreach by specialist pharmacists to bene- ficiaries under the TRICARE program when identifying poten- tial misuse or abuse of opioid medications. (4) Monitoring of beneficiaries under the TRICARE pro- gram through the use of predictive analytics to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescription. (5) Detection of fraud, waste, and abuse in connection with opioids. (c) D URATION .— (1) I N GENERAL .—Except as provided in paragraph (2), the Director shall carry out the pilot program for a period of not more than three years. XPANSION .—The Director may carry out the pilot pro- (2) E gram on a permanent basis if the Director determines that the mechanisms under the pilot program successfully reduce

180 H. R. 5515—180 early opioid exposure in beneficiaries under the TRICARE pro- gram and prevent the progression of beneficiaries to misuse or abuse of opioid medications. .— (d) R EPORT .—Not later than 180 days before completion N GENERAL (1) I of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. (2) E LEMENTS .—The report required by paragraph (1) shall include the following: (A) A description of the pilot program, including out- come measures developed to determine the overall effective- ness of the mechanisms under the pilot program. (B) A description of the ability of the mechanisms under the pilot program to identify misuse and abuse of opioid medications among beneficiaries under the TRICARE program in each pharmacy venue of the phar- macy program of the military health system. (C) A description of the impact of the use of predictive analytics to monitor beneficiaries under the TRICARE pro- gram in order to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescrip- tion. (D) A description of any reduction in the misuse or abuse of opioid medications among beneficiaries under the TRICARE program as a result of the pilot program. (e) TRICARE P ROGRAM D EFINED .—In this section, the term ‘‘TRICARE program’’ has the meaning given that term in section 1072 of title 10, United States Code. SEC. 717. WOUNDED WARRIOR POLICY REVIEW. (a) I G ENERAL .—Not later than 180 days after the date of N the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and manage- ment 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’’. P OLICY .—In carrying out subsection (a), the Sec- COPE OF (b) S retary 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 mili- tary 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;

181 H. R. 5515—181 (E) the disability evaluation system; and (F) other administrative functions relating to the mili- tary 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 accommoda- tions for recovering service members and the family members and non-medical attendants of recovering service members. (c) R EPORT .—Not later than one 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 the House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b). .—In this section, the terms ‘‘disability evalua- EFINITIONS (d) D tion 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. 718. MEDICAL SIMULATION TECHNOLOGY AND LIVE TISSUE TRAINING WITHIN THE DEPARTMENT OF DEFENSE. N G ENERAL .— (a) I (1) U SE OF SIMULATION TECHNOLOGY .—Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology, to the maximum extent practicable, before the use of live tissue training to train medical profes- sionals and combat medics of the Department of Defense. (2) D ETERMINATION .—The use of live tissue training within the Department of Defense may be used as determined nec- essary by the medical chain of command. (b) B .—Not later than 180 days after the date of the RIEFING 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 Commit- tees 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) E LEMENTS .—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 appro- priate.

182 H. R. 5515—182 SEC. 719. 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. 720. IMPROVEMENT TO NOTIFICATION TO CONGRESS OF HOS- PITALIZATION 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’’. Subtitle C—Reports and Other Matters SEC. 731. 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 Authoriza- tion 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. 732. JOINT FORCES MEDICAL CAPABILITIES DEVELOPMENT AND STANDARDIZATION. ROCESS EQUIRED .—Not later than 180 days after the (a) P R date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, develop a process to establish required joint force medical capabilities for members of the Armed Forces that meet the operational planning require- ments of the combatant commands. (b) P ROCESS E LEMENTS .—The process developed under sub- section (a) shall include the following: (1) 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 in order to ensure that such tasks are aligned with health professional knowledge, skills, and abilities. (3) A process to standardize the interoperability of medical equipment and capabilities to support the joint force.

183 H. R. 5515—183 (c) R .—Not later than June 1, 2019, the Secretary of EPORT Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the process developed under subsection (a). SEC. 733. INCLUSION OF GAMBLING DISORDER IN HEALTH ASSESS- MENTS OF MEMBERS OF THE ARMED FORCES AND RELATED RESEARCH EFFORTS. NCLUSION IN N EXT A NNUAL P ERIODIC H EALTH A SSESS - (a) I MENTS .—The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into the Annual Periodic Health Assessments of members of the Armed Forces con- ducted by the Department of Defense during the one-year period beginning 180 days after the date of the enactment of this Act. (b) I C ERTAIN S URVEYS NCLUSION IN .—The Secretary shall incor- porate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions to the following: (1) The first Health Related Behaviors Survey of Active Duty Military Personnel conducted after the date of the enact- ment of this Act. (2) The first Health Related Behaviors Survey of Reserve Component Personnel conducted after that date. (c) R EPORTS .—Not later than one year after the date of the completion of the assessment referred to in subsection (a), and of each survey referred to in subsection (b), as modified pursuant to this section, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the assessment or survey in connection with the prevalence of gambling disorder among members of the Armed Forces. SEC. 734. REPORT ON REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE ARMED FORCES TO ENROLL IN MEDICARE PART B TO BE ELIGIBLE FOR TRICARE FOR LIFE. N G ENERAL .—Not later than one year after the date of (a) I 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 findings of a study, conducted by the Secretaries for purposes of the report, on the requirement that a covered individual enroll in the supple- mentary 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) M ATTERS I NCLUDED .—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

184 H. R. 5515—184 to receiving benefits for 24 months as described in subpara- graph (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 poten- tially enroll in TRICARE for Life but not enroll in the supple- mentary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) if able. .—In this section: (c) D EFINITIONS (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. 735. PILOT PROGRAM ON EARNING BY SPECIAL OPERATIONS FORCES MEDICS OF CREDIT TOWARD A PHYSICIAN ASSIST- ANT DEGREE. (a) I N G ENERAL .—The Assistant Secretary of Defense for Health Affairs may conduct a pilot program to assess the feasibility and advisability of partnerships between special operations forces and institutions of higher education, and health care systems if deter- mined appropriate by the Assistant Secretary for purposes of the pilot program, through which special operations forces medics earn credit toward the master’s degree of physician assistant for military operational work and training performed by the medics. URATION .—The Assistant Secretary shall conduct the pilot (b) D program for a period not to exceed five years. (c) C T RAINING .—Partnerships under subsection (a) shall LINICAL permit medics participating in the pilot program to conduct clinical training at medical facilities of the Department of Defense and the civilian sector. (d) E VALUATION .—The evaluation of work and training per- formed by medics for which credits are earned under the pilot program shall comply with civilian clinical evaluation standards applicable to the awarding of the master’s degree of physician assistant. (e) R .— EPORTS NITIAL REPORT .—Not later than 180 days after the (1) I date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program that shall include the following: (A) A comprehensive framework for the military edu- cation to be provided to special operations forces medics

185 H. R. 5515—185 under the pilot program, including courses of instruction at institutions of higher education and any health care systems participating in the pilot program. (B) Metrics to be used to assess the effectiveness of the pilot program. (C) A description of the mechanisms to be used by the Department, medics, or both to cover the costs of edu- cation received by medics under the pilot program through institutions of higher education or health care systems, including payment by the Department in return for a mili- tary service commitment, tuition or other educational assistance by the Department, use by medics of post-9/ 11 educational assistance available through the Depart- ment of Veterans Affairs, and any other mechanisms the Secretary considers appropriate for purposes of the pilot program. INAL REPORT .—Not later than 180 days after comple- (2) F tion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot program. The report shall include the fol- lowing: (A) An evaluation of the pilot program using the metrics of assessment set forth pursuant to paragraph (1)(B). (B) An assessment of the utility of the funding mecha- nisms set forth pursuant to paragraph (1)(C). (C) An assessment of the effects of the pilot program on recruitment and retention of medics for special oper- ations forces. (D) An assessment of the feasibility and advisability of extending one or more authorities for joint professional military education under chapter 107 of title 10, United States Code, to warrant officers or enlisted personnel, and if the Secretary considers the extension of any such authori- ties feasible and advisable, recommendations for legislative or administrative action to so extend such authorities. ONSTRUCTION OF A UTHORITIES .—Nothing in this section (f) C may be construed to— (1) authorize an officer or employee of the Federal Govern- ment to create, endorse, or otherwise incentivize a particular curriculum or degree track; or (2) require, direct, review, or control a State or educational institution, or the instructional content, curriculum, and related activities of a State or educational institution. SEC. 736. STRATEGIC MEDICAL RESEARCH PLAN. (a) P .—Not later than 30 days after the date on which LAN 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. ATTERS I NCLUDED .—The plan under subsection (a) shall (b) M include the following: (1) A description of all medical research focus areas of the Department of Defense and a description of the coordination

186 H. R. 5515—186 process to ensure the focus areas are linked to military readi- ness, 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 Program. (3) A description of the process to ensure synergy across the military medical research community in order to address gaps in military medical research, minimize duplication of research, and 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 Govern- ment to increase awareness of complementary medical research efforts that are being carried out through the Federal Govern- ment. SEC. 737. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF DEFENSE HEALTH AGENCY OVERSIGHT OF TRANSITION BETWEEN MANAGED CARE SUPPORT CONTRACTORS FOR THE TRICARE PROGRAM. T R EPORT ON C (a) B RIEFING AND RANSITION .— URRENT (1) I N GENERAL .—The Comptroller General of the United States shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing and a report on a review by the Comptroller General of the oversight conducted by the Defense Health Agency with respect to the current transition between managed care support con- tractors for the TRICARE program. The briefing shall be pro- vided by not later than July 1, 2019. (2) E LEMENTS .—The briefing and report under paragraph (1) shall each include the following: (A) A description and assessment of the extent to which the Defense Health Agency provided guidance and over- sight to the outgoing and incoming managed care support contractors for the TRICARE program during the transition described in paragraph (1) and before the start of health care delivery by the incoming contractor. (B) A description and assessment of any issues with health care delivery under the TRICARE program as a result of or in connection with the transition, and, with respect to such issues— (i) the effect, if any, of the guidance and oversight provided by the Defense Health Agency during the transition on such issues; and (ii) the solutions developed by the Defense Health Agency for remediating any deficiencies in managed care support for the TRICARE program in connection with such issues. (C) A description and assessment of the extent to which the Defense Health Agency has reviewed any lessons learned from past transitions between managed care sup- port contractors for the TRICARE program, and incor- porated such lessons into the transition. (D) A review of the Department of Defense briefing provided in accordance with the provisions of the Report

187 H. R. 5515—187 of the Committee on Armed Services of the House of Rep- resentatives to Accompany H.R. 5515 (115th Congress; House Report 115–676) on TRICARE Managed Care Sup- port Contractor Reporting. (b) R F T RANSITIONS .—Not later than 270 days UTURE EPORT ON after the completion of any future transition between managed care support contractors for the TRICARE program, the Comptroller General shall submit to the committees of Congress referred to in subsection (a)(1) a report on a review by the Comptroller General of the oversight conducted by the Defense Health Agency with respect to such transition. The report shall include each description and assessment specified in subparagraphs (A) through (C) of sub- section (a)(2) with respect to such transition. (c) TRICARE P D EFINED .—In this section, the term ROGRAM ‘‘TRICARE program’’ has the meaning given that term in section 1072 of title 10, United States Code. SEC. 738. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONG- TERM CARE OPTIONS FOR VETERANS FROM DEPARTMENT OF VETERANS AFFAIRS. (a) I N G ENERAL .—The Comptroller General of the United States shall conduct a study on the availability of long-term care options from the Department of Veterans Affairs for veterans with combat- related disabilities, including veterans who served in the Armed Forces after September 11, 2001. (b) E LEMENTS .—The study required by subsection (a) shall— (1) determine the potential demand for long-term care by veterans eligible for health care from the Department; (2) determine the capacity of the Department for providing all four levels of long-term care, which are independent living, assisted living, nursing home care, and memory care; (3) identify the number of veterans with combat-related disabilities who require a personal care assistant and which facilities of the Department provide this service; and (4) examine the value of long-term care benefits provided by the Department, including personal care assistant services, to identify the potential elements of a pilot program that affords aging veterans the choice of receiving long-term care benefits at nonprofit continuing care retirement communities. (c) R EPORT .—Not later than January 1, 2020, the Comptroller General shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Com- mittee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a report on the study conducted under this section. SEC. 739. INCREASE IN NUMBER OF APPOINTED MEMBERS OF THE HENRY M. JACKSON FOUNDATION FOR THE ADVANCE- MENT OF MILITARY MEDICINE. Section 178(c)(1)(C) of title 10, United States Code, is amended by striking ‘‘four members’’ and inserting ‘‘six members’’.

188 H. R. 5515—188 TITLE VIII—ACQUISITION POLICY, AC- QUISITION MANAGEMENT, AND RE- LATED MATTERS Sec. 800. Effective dates; coordination of amendments. Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations N ONSOLIDATION OF D EFENSE A CQUISITION ART TATUTES IN I—C EW P ART V OF S P UBTITLE A OF T S 10, U NITED S TATES C ODE ITLE Sec. 801. Framework for new part V of subtitle A. P S EDESIGNATION OF S ECTIONS AND C ART II—R UBTITLES B, C, AND D TO HAPTERS OF P ROVIDE R OOM FOR N EW P ART V OF S UBTITLE 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. ART III—R EPEALS OF C ERTAIN P ROVISIONS OF D EFENSE CQUISITION L AW A P 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. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 816. Modification of limitations on single source task or delivery order con- tracts. Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract authority. Sec. 818. Revision of requirement to submit information on services contracts to Congress. Sec. 819. Data collection and inventory for services contracts. Sec. 820. Report on clarification of services contracting definitions. Sec. 821. Increase in micro-purchase threshold applicable to Department of De- fense. Sec. 822. Department of Defense contracting dispute matters. Sec. 823. Inclusion of best available information regarding past performance of sub- contractors and joint venture partners. Sec. 824. Subcontracting price and approved purchasing systems. Sec. 825. Modification of criteria for waivers of requirement for certified cost and price data. Subtitle C—Provisions Relating to Major Defense Acquisition Programs Sec. 831. Revisions in authority relating to program cost targets and fielding tar- gets for major defense acquisition programs. Sec. 832. Implementation of recommendations of the Independent Study on Consid- eration of Sustainment in Weapons Systems Life Cycle. Sec. 833. Comptroller General assessment of acquisition programs and related ini- tiatives. Subtitle D—Provisions Relating to Commercial Items Sec. 836. Revision of definition of commercial item for purposes of Federal acquisi- tion statutes. Sec. 837. Limitation on applicability to Department of Defense commercial con- tracts of certain provisions of law. Sec. 838. Modifications to procurement through commercial e-commerce portals. Sec. 839. Review of Federal acquisition regulations on commercial products, com- mercial services, and commercially available off-the-shelf items. Subtitle E—Industrial Base Matters Sec. 841. Report on limited sourcing of specific components for Naval vessels.

189 H. R. 5515—189 Sec. 842. Removal of national interest determination requirements for certain enti- ties. Sec. 843. Pilot program to test machine-vision technologies to determine the au- thenticity and security of microelectronic parts in weapon systems. Sec. 844. Limitation on certain procurements application process. Sec. 845. Report on defense electronics industrial base. Sec. 846. Support for defense manufacturing communities to support the defense industrial base. Sec. 847. Limitation on procurement of certain items for T–AO–205 program. Subtitle F—Small Business Matters 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. Comptroller General study of impact of broadband speed and price on small businesses. Sec. 857. Consolidated budget display for the Department of Defense Small Busi- ness Innovation Research Program and Small Business Technology Transfer Program. Sec. 858. Funding for procurement technical assistance program. Sec. 859. Authorization for payment of certain costs relating to procurement tech- nical assistance centers. Sec. 860. Commercialization Assistance Pilot Program. Sec. 861. Puerto Rico businesses. Sec. 862. Opportunities for employee-owned business concerns through Small Busi- ness Administration loan programs. Subtitle G—Provisions Related to Software and Technical Data Matters Sec. 865. Validation of proprietary and technical data. Sec. 866. Continuation of technical data rights during challenges. Sec. 867. Requirement for negotiation of technical data price before sustainment of major weapon systems. Sec. 868. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems. Sec. 869. Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authoriza- tion Act for Fiscal Year 2018. Sec. 870. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems. Subtitle H—Other Matters Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign nations. Sec. 872. Extension of prohibition on providing funds to the enemy. Sec. 873. Data, policy, and reporting on the use of other transactions. Sec. 874. Standardization of formatting and public accessibility of Department of Defense reports to Congress. Sec. 875. Promotion of the use of Government-wide and other interagency con- tracts. Sec. 876. Increasing competition at the task order level. Sec. 877. Individual acquisition for commercial leasing services. Sec. 878. Procurement administrative lead time definition and plan. Sec. 879. Briefing on funding of product support strategies. Sec. 880. Use of lowest price technically acceptable source selection process. Sec. 881. Permanent Supply Chain Risk Management Authority. Sec. 882. Review of market research. Sec. 883. Establishment of integrated review team on defense acquisition industry- government exchange. Sec. 884. Exchange program for acquisition workforce employees. Sec. 885. Process to limit foreign access to technology. Sec. 886. Procurement of telecommunications supplies for experimental purposes. Sec. 887. Access by developmental and operational testing activities to data regard- ing modeling and simulation activity. Sec. 888. Instruction on pilot program regarding employment of persons with dis- abilities. Sec. 889. Prohibition on certain telecommunications and video surveillance services or equipment. Sec. 890. Pilot program to accelerate contracting and pricing processes.

190 H. R. 5515—190 SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS. FFECTIVE D .— (a) E ATES .—Parts I and II of this subtitle, and ARTS I AND II (1) P the redesignations and amendments made by such parts, shall take effect on February 1, 2019. .—Part III of this subtitle shall take effect (2) P ART III on the date of the enactment of this Act. (b) C A MENDMENTS .—The redesignations and OORDINATION OF amendments made by part II of this subtitle shall be executed before the amendments made by part I of this subtitle. (c) R C ERTAIN R EDESIGNATIONS .—In the case of a ULE FOR redesignation specified in part II of this subtitle (1) that is to be made to a section of subtitle B, C, or D of title 10, United States Code, for which the current section designation consists of a four-digit number and a letter, and (2) that is directed to be made by the addition of a specified number to the current section designation, the new section designation shall consist of a new four-digit number and the same letter, with the new four- digit number being the number that is the sum of the specified number and the four-digit number in the current section designa- tion. Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations PART I—CONSOLIDATION OF DEFENSE ACQUI- SITION STATUTES IN NEW PART V OF SUB- TITLE A OF TITLE 10, UNITED STATES CODE SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A. (a) I N ENERAL .—Subtitle A of title 10, United States Code, G is amended by adding at the end the following new part: ‘‘PART V—ACQUISITION Sec. ‘‘Chap. ‘‘subpart a—general 3001 ‘‘201. Definitions ... ‘‘203. General Matters ... 3021 ‘‘205. Defense Acquisition System ... 3051 ‘‘207. Budgeting and Appropriations Matters ... 3101 ‘‘209. Operational Contract Support ... 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

191 H. R. 5515—191 ‘‘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 3901 ‘‘285. Small Business Programs ... ‘‘287. Socioeconomic Programs ... 3961 ‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems ‘‘301. Major Defense Acquisition Programs ... 4001 4071 ‘‘303. Weapon Systems Development and Related Matters ... 4121 ‘‘305. Other Matters Relating to Major Systems ... ‘‘subpart f—special categories of contracting: research, development, test, and evaluation 4201 ‘‘321. Research and Development Generally ... ‘‘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 4651 ‘‘363. Prohibitions and Penalties ... 4701 ‘‘365. Contractor Workforce ... ‘‘367. Other Administrative and Miscellaneous Provisions ... 4751 ‘‘subpart i—defense industrial base ‘‘381. Defense Industrial Base Generally ... 4801 4861 ‘‘383. Loan Guarantee Programs ... 4881 ‘‘385. Procurement Technical Assistance Cooperative Agreement Program ... ‘‘Subpart A—General ‘‘CHAPTER 201—DEFINITIONS ‘‘§ 3001. ø ¿ Reserved ø Reserved ¿ ‘‘CHAPTER 203—GENERAL MATTERS ‘‘§ 3021. ø ¿ Reserved Reserved ¿ ø ‘‘CHAPTER 205—DEFENSE ACQUISITION SYSTEM ‘‘§ 3051. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS MATTERS ‘‘§ 3101. ø Reserved ¿ ø Reserved ¿

192 H. R. 5515—192 ‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT ø Reserved ‘‘§ 3151. ¿ ¿ Reserved ø ‘‘Subpart B—Acquisition Planning ‘‘CHAPTER 221—PLANNING AND SOLICITATION GENERALLY Reserved ‘‘§ 3201. ø ¿ Reserved ¿ ø ‘‘CHAPTER 223—PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES ø ‘‘§ 3251. ¿ Reserved Reserved ø ¿ ‘‘Subpart C—Contracting Methods and Contract Types ‘‘CHAPTER 241—AWARDING OF CONTRACTS ø ‘‘§ 3301. ¿ Reserved ø Reserved ¿ ‘‘CHAPTER 243—SPECIFIC TYPES OF CONTRACTS ‘‘§ 3351. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 245—TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS) ø Reserved ¿ ‘‘§ 3401. Reserved ø ¿ ‘‘CHAPTER 247—ACQUISITION OF COMMERCIAL ITEMS ‘‘§ 3451. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 249—MULTIYEAR CONTRACTS ø Reserved ¿ ‘‘§ 3501. ø Reserved ¿ ‘‘CHAPTER 251—SIMPLIFIED ACQUISITION PROCEDURES ‘‘§ 3551. ø Reserved ¿ ø Reserved ¿

193 H. R. 5515—193 ‘‘CHAPTER 253—EMERGENCY AND RAPID ACQUISITIONS ø Reserved ‘‘§ 3601. ¿ ¿ Reserved ø ‘‘CHAPTER 255—CONTRACTING WITH OR THROUGH OTHER AGENCIES Reserved ¿ ‘‘§ 3651. ø ¿ Reserved ø ‘‘Subpart D—General Contracting Requirements ‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA ø ‘‘§ 3701. ¿ Reserved ø ¿ Reserved ‘‘CHAPTER 273—ALLOWABLE COSTS ‘‘§ 3741. Reserved ¿ ø Reserved ¿ ø ‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA ‘‘§ 3771. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 277—CONTRACT FINANCING ‘‘§ 3801. Reserved ¿ ø Reserved ø ¿ ‘‘CHAPTER 279—CONTRACTOR AUDITS AND ACCOUNTING ø ‘‘§ 3841. ¿ Reserved ø Reserved ¿ ‘‘CHAPTER 281—CLAIMS AND DISPUTES ‘‘§ 3861. ø Reserved ¿ ø ¿ Reserved ‘‘CHAPTER 283—FOREIGN ACQUISITIONS ‘‘§ 3881. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 285—SMALL BUSINESS PROGRAMS ‘‘§ 3901. ø Reserved ¿ ø Reserved ¿

194 H. R. 5515—194 ‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS ø Reserved ‘‘§ 3961. ¿ ¿ Reserved ø ‘‘Subpart E—Special Categories of Contracting: Major Defense Acquisition Programs and Major Systems ‘‘CHAPTER 301—MAJOR DEFENSE ACQUISITION PROGRAMS ø Reserved ¿ ‘‘§ 4001. Reserved ø ¿ ‘‘CHAPTER 303—WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS ‘‘§ 4071. Reserved ¿ ø Reserved ¿ ø ‘‘CHAPTER 305—OTHER MATTERS RELATING TO MAJOR SYSTEMS ‘‘§ 4121. ø Reserved ¿ ø Reserved ¿ ‘‘Subpart F—Special Categories of Contracting: Research, Development, Test, and Evaluation ‘‘CHAPTER 321—RESEARCH AND DEVELOPMENT GENERALLY ø Reserved ¿ ‘‘§ 4201. Reserved ø ¿ ‘‘CHAPTER 323—INNOVATION ‘‘§ 4301. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 325—DEPARTMENT OF DEFENSE LABORATORIES ‘‘§ 4351. ø Reserved ¿ ø Reserved ¿ ‘‘CHAPTER 327—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES ‘‘§ 4401. ø Reserved ¿ ø Reserved ¿

195 H. R. 5515—195 ‘‘CHAPTER 329—OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION ‘‘§ 4451. ¿ ø Reserved ¿ Reserved ø ‘‘Subpart G—Other Special Categories Of Contracting ‘‘CHAPTER 341—CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNC- TIONS ø Reserved ¿ ‘‘§ 4501. ø ¿ Reserved ‘‘CHAPTER 343—ACQUISITION OF SERVICES ø ¿ ‘‘§ 4541. Reserved Reserved ¿ ø ‘‘CHAPTER 345—ACQUISITION OF INFORMATION TECHNOLOGY ‘‘§ 4571. ø Reserved ¿ ø Reserved ¿ ‘‘Subpart H—Contract Management ‘‘CHAPTER 361—CONTRACT ADMINISTRATION ø ¿ ‘‘§ 4601. Reserved ø Reserved ¿ ‘‘CHAPTER 363—PROHIBITIONS AND PENALTIES ø Reserved ¿ ‘‘§ 4651. ø Reserved ¿ ‘‘CHAPTER 365—CONTRACTOR WORKFORCE ‘‘§ 4701. Reserved ¿ ø ø Reserved ¿ ‘‘CHAPTER 367—OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS ‘‘§ 4751. ø Reserved ¿ ø Reserved ¿

196 H. R. 5515—196 ‘‘Subpart I—Defense Industrial Base ‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE GENERALLY Reserved ¿ ‘‘§ 4801. ø ¿ Reserved ø ‘‘CHAPTER 383—LOAN GUARANTEE PROGRAMS Reserved ¿ ‘‘§ 4861. ø ¿ Reserved ø ‘‘CHAPTER 385—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM ‘‘§ 4881. Reserved ¿ ø ‘‘ Reserved ¿ ’’. ø (b) T .—The table of chapters ABLE OF A MENDMENT C HAPTERS at the beginning of subtitle A is amended by adding at the end the following new items: ‘‘Part V—ACQUISITION ‘‘subpart a—general ‘‘201. Definitions ... 3001 ‘‘203. General Matters ... 3021 ‘‘205. Defense Acquisition System ... 3051 ‘‘207. Budgeting and Appropriations Matters ... 3101 ‘‘209. Operational Contract Support ... 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

197 H. R. 5515—197 ‘‘325. Department of Defense Laboratories ... 4351 ‘‘327. Research and Development Centers and Facilities ... 4401 ‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451 ‘‘subpart g—other special categories of contracting ‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type Functions ... 4501 ‘‘343. Acquisition of Services ... 4541 ‘‘345. Acquisition of Information Technology ... 4571 ‘‘subpart h—contract management ‘‘361. Contract Administration ... 4601 ‘‘363. Prohibitions and Penalties ... 4651 ‘‘365. Contractor Workforce ... 4701 ‘‘367. Other Administrative and Miscellaneous Provisions ... 4751 ‘‘subpart i—defense industrial base ‘‘381. Defense Industrial Base Generally ... 4801 ‘‘383. Loan Guarantee Programs ... 4861 ‘‘385. Procurement Technical Assistance Cooperative Agreement Program ... 4881’’. PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO PROVIDE ROOM FOR NEW PART V OF SUB- TITLE A SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF TITLE 10, UNITED STATES CODE—AIR FORCE. UBTITLE ART III, S ECTION N UMBERS .—The sections (a) S D, P in part III of subtitle D of title 10, United States Code, are redesig- nated as follows: HAPTER 909 .—Each section in chapter 909 is redesig- (1) C nated so that the number of the section, as redesignated, is the number equal to the previous number plus 50. (2) C HAPTER 907 .—Each section in chapter 907 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 70. HAPTERS 901 AND 903 .—Each section in chapter 901 (3) C and chapter 903 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100. UBTITLE D, P ART II, S ECTION N UMBERS .—The sections (b) S in part II of such subtitle are redesignated as follows: (1) C HAPTER 831 .—Section 8210 is redesignated as section 9110. (2) C HAPTER 833 .—Sections 8251, 8252, 8257, and 8258 are redesignated as sections 9131, 9132, 9137, and 9138, respec- tively. (3) C HAPTER 835 .—Sections 8281 and 8310 are redesignated as sections 9151 and 9160, respectively. (4) C HAPTER 839 .—Section 8446 is redesignated as section 9176. (5) C HAPTER 841 .—Sections 8491 and 8503 are redesignated as sections 9191 and 9203, respectively. (6) C HAPTER 843 .—Sections 8547 and 8548 are redesignated as sections 9217 and 9218, respectively. HAPTER 845 .—Sections 8572, 8575, 8579, 8581, and (7) C 8583 are redesignated as sections 9222, 9225, 9229, 9231, and 9233, respectively.

198 H. R. 5515—198 (8) C .—Section 8639 is redesignated as section HAPTER 849 9239. (9) C HAPTER 853 .—Sections 8681, 8684, and 8691 are redesignated as sections 9251, 9252, and 9253, respectively. HAPTER 855 (10) C .—Section 8723 is redesignated as section 9263. (11) C HAPTER 857 .—Each section in chapter 857 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 530. .—Section 8817 is redesignated as section (12) C HAPTER 861 9307. (13) C HAPTER 867 .—Each section in chapter 867 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 400. HAPTER 869 .—Sections 8961, 8962, 8963, 8964, 8965, (14) C and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively. HAPTER 871 .—Sections 8991 and 8992 are redesig- (15) C nated as sections 9361 and 9362, respectively. HAPTER 873 .—Sections 9021, 9025, and 9027 are (16) C redesignated as sections 9371, 9375, and 9377, respectively. HAPTER 875 .—Section 9061 is redesignated as section (17) C 9381. (c) S D, P ART I, S ECTION N UMBERS .—Each section in UBTITLE 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) S UBTITLE D C HAPTER N UMBERS .— (1) P ART CHAPTER NUMBERS .—Each chapter in part IV 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. III CHAPTER NUMBERS (2) P ART .—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. ART II CHAPTER NUMBERS .— (3) P (A) I .—Except as provided in subparagraph N GENERAL (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) O THER 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) P ART I .—Each chapter in part I CHAPTER NUMBERS 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) S UBTITLE D T ABLES OF S ECTIONS AND T ABLES OF C HAP - TERS .— ABLES OF SECTIONS .—The tables of sections at the (1) T beginning of the chapters of such subtitle are revised so as to conform the section references in those tables to the redes- ignations made by subsections (a), (b), and (c).

199 H. R. 5515—199 (2) T .—The table of chapters at the ABLES OF CHAPTERS 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. C, P ART (a) S ECTION N UMBERS .— UBTITLE I, S N GENERAL .—Except as provided in paragraph (2), each (1) I section in part I of subtitle C of title 10, United States Code, is redesignated so that the number of the section, as redesig- nated, is the number equal to the previous number plus 3,000. HAPTER 513 .—For sections in chapter 513, each section (2) C is redesignated so that the number of the section, as redesig- nated, is the number equal to the previous number plus 2,940. UBTITLE (b) S ART II, S ECTION N UMBERS .—The sections in C, P part II of such subtitle are redesignated as follows: HAPTER 533 .—Sections 5441, 5450, and 5451 are (1) C redesignated as sections 8101, 8102, and 8103, respectively. (2) C .—Sections 5501, 5502, 5503, and 5508 HAPTER 535 are redesignated as sections 8111, 8112, 8113, and 8118, respec- tively. HAPTER 537 (3) C .—Section 5540 is redesignated as section 8120. (4) C HAPTER 539 .—Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively. (5) C HAPTER 551 .—Each section in chapter 551 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220. (6) C HAPTER 553 .—Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively. HAPTER 555 .—The sections in chapter 555 are redesig- (7) C nated as follows: Section Redesignated Section 6011 8211 6012 8212 6013 8213 6014 8214 6019 8215 6021 8216 6022 8217

200 H. R. 5515—200 Section Redesignated Section 6024 8218 6027 8219 6029 8220 6031 8221 6032 8222 6035 8225 6036 8226 HAPTER 557 (8) C .—Each section in chapter 557 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,160. (9) C HAPTER 559 .—Section 6113 is redesignated as section 8253. (10) C HAPTER 561 .—The sections in chapter 561 are redesig- nated as follows: Section Redesignated Section 6141 8261 6151 8262 6152 8263 6153 8264 6154 8265 6155 8266 6156 8267 6160 8270 6161 8271 (11) C HAPTER 563 .—Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively. (12) C HAPTER 565 .—Sections 6221 and 6222 are redesig- nated as sections 8286 and 8287, respectively.

201 H. R. 5515—201 (13) C HAPTER 567 .—Each section in chapter 567 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050. (14) C .—Section 6292 is redesignated as section HAPTER 569 8317. (15) C HAPTER 571 .—Each section in chapter 571 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000. (16) C HAPTER 573 .—Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively. (17) C HAPTER 575 .—Sections 6483, 6484, 6485, and 6486 are redesignated as sections 8383, 8384, 8385, and 8386, respec- tively. (18) C HAPTER 577 .—Section 6522 is redesignated as section 8392. (c) S C, P UBTITLE ECTION N UMBERS .— ART III, S .—Except as provided in paragraph (2), each N GENERAL (1) I 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) C .—Sections 7101, 7102, 7103, and 7104 HAPTER 609 are redesignated as sections 8591, 8592, 8593, and 8594, respec- tively. UBTITLE C, P .—The sections IV, S ECTION N UMBERS ART (d) S in part IV of such subtitle are redesignated as follows: (1) C .—Each section in chapter 631 is redesig- HAPTER 631 nated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,400. (2) C HAPTER 633 .—Each section in chapter 633 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370. (3) C .—Sections 7361, 7362, 7363, and 7364 HAPTER 637 are redesignated as sections 8701, 8702, 8703, and 8704, respec- tively. (4) C HAPTER 639 .—Sections 7395 and 7396 are redesignated as sections 8715 and 8716, respectively. HAPTER 641 .—Each section in chapter 641 is redesig- (5) C nated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300. (6) C HAPTER 643 .—Sections 7472, 7473, 7476, 7477, 7478, 7479, 7479a, and 7480 are redesignated as sections 8742, 8743, 8746, 8747, 8748, 8749, 8749a, and 8750, respectively. (7) C HAPTER 645 .—Sections 7522, 7523, and 7524 are redesignated as sections 8752, 8753, and 8754, respectively. (8) C HAPTER 647 .—The sections in chapter 647 are redesig- nated as follows: Section Redesignated Section 7541 8761 7541a 8761a

202 H. R. 5515—202 Section Redesignated Section 7541b 8761b 7542 8762 7543 8763 7544 8764 7545 8765 7546 8766 7547 8767 , 651 , (9) C , AND 655 .—Each section in chap- HAPTERS 649 653 ters 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. HAPTER 657 .—Each section in chapter 657 is redesig- (10) C nated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,170. .—Sections 7851, 7852, 7853, and 7854 HAPTER 659 (11) C are redesignated as sections 8901, 8902, 8903, and 8904, respec- tively. HAPTER 661 .—Sections 7861, 7862, and 7863 are (12) C redesignated as sections 8911, 8912, and 8913, respectively. HAPTER 663 .—Section 7881 is redesignated as section (13) C 8921. HAPTER 665 .—Sections 7901, 7902, and 7903 are (14) C redesignated as sections 8931, 8932, and 8933, respectively. (15) C HAPTER 667 .—Sections 7912 and 7913 are redesig- nated as sections 8942 and 8943, respectively. (16) C .—Section 7921 is redesignated as section HAPTER 669 8951. C C HAPTER N UMBERS .— UBTITLE (e) S (1) P ART CHAPTER NUMBERS .—Each chapter in part I 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) P ART II CHAPTER NUMBERS .— .—Except as provided in subparagraph N GENERAL (A) I (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. THER CHAPTERS .—Chapter 533 is redesignated (B) O as chapter 811, chapter 535 is redesignated as chapter 812, chapter 537 is redesignated as chapter 813, and chapter 539 is redesignated as chapter 815. (3) P ART III CHAPTER NUMBERS .—Each chapter in part III of such subtitle is redesignated so that the number of the

203 H. R. 5515—203 chapter, as redesignated, is the number equal to the previous number plus 250. (4) P CHAPTER NUMBERS .—Each chapter in part IV ART 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) S ABLES OF S ECTIONS AND UBTITLE ABLES OF C HAP - C T T .— TERS ABLES OF SECTIONS .—The table of sections at the begin- (1) T ning 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). .—The table of chapters at the ABLES OF CHAPTERS (2) T 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. UBTITLE (a) S ART I, S ECTION N UMBERS .—Each section in B, P 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. .—The sections in UBTITLE B, P ART II, S ECTION N UMBERS (b) S part II of such subtitle are redesignated as follows: (1) C .—Sections 3201 and 3210 are redesignated HAPTER 331 as sections 7101 and 7110, respectively. (2) C HAPTER 333 .—Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively. (3) C .—Sections 3281, 3282, and 3283 are HAPTER 335 redesignated as sections 7151, 7152, and 7153, respectively. HAPTER 339 .—Section 3446 is redesignated as sections (4) C 7176. (5) C .—Sections 3491 and 3503 are redesignated HAPTER 341 as sections 7191 and 7203, respectively. HAPTER 343 .—Sections 3533, 3534, 3536, 3547 and (6) C 3548 are redesignated as sections 7213, 7214, 7216, 7217, and 7218, respectively. HAPTER 345 .—Sections 3572, 3575, 3579, 3581, and (7) C 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively. (8) C HAPTER 349 .—Section 3639 is redesignated as section 7239. (9) C HAPTER 353 .—Sections 3681, 3684, and 3691 are redesignated as sections 7251, 7252, and 7253, respectively. .—Section 3723 is redesignated as section HAPTER 355 (10) C 7263. (11) C HAPTER 357 .—Each section in chapter 357 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530. (12) C HAPTER 367 .—Each section in chapter 367 is redesig- nated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.

204 H. R. 5515—204 (13) C .—Sections 3961, 3962, 3963, 3964, 3965, HAPTER 369 and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively. (14) C .—Sections 3991 and 3992 are redesig- HAPTER 371 nated as sections 7361 and 7362, respectively. (15) C .—Sections 4021, 4024, 4025, and 4027 HAPTER 373 are redesignated as sections 7371, 7374, 7375, and 7377, respec- tively. (16) C HAPTER 375 .—Section 4061 is redesignated as section 7381. B, P ART III, S ECTION N UMBERS .— UBTITLE (c) S (1) I .—Except as provided in paragraph (2), each N GENERAL 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. .—Each section in chapter 407 is redesig- HAPTER 407 (2) C nated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,070. (d) S B, P ART IV, S ECTION N UBTITLE .—Each section UMBERS 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) S UBTITLE HAPTER N UMBERS .— B C (1) P ART 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) P CHAPTER NUMBERS .— ART II N GENERAL (A) I .—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) O THER 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 pre- vious number plus 374. ART III CHAPTER NUMBERS (3) P .—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) P ART 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) S B T ABLES OF S ECTIONS AND UBTITLE ABLES OF C HAP - T TERS .— .—The table of sections at the begin- ABLES OF SECTIONS (1) T ning 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) T ABLES 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.

205 H. R. 5515—205 SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND CHAPTERS. .—Each provision of title NITED S TATES C ODE 10, U (a) T ITLE 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesig- nated by this part is amended so that the reference refers to the number of the section or chapter as redesignated. AWS C LASSIFIED AS T ITLE NITED S TATES C ODE , N OTE 10, U (b) L ECTIONS .— S (1) Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 143 note) is amended by striking ‘‘sections 143, 194, 3014, 5014, and 8014’’ in subsections (a) and (b) and inserting ‘‘sections 143, 194, 7014, 8014, and 9014’’. (2) Section 4403(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘section 3911’’ and inserting ‘‘section 7311’’; and (ii) in subparagraph (B), by striking ‘‘section 3914’’ and inserting ‘‘section 7314’’; (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘section 6323’’ and inserting ‘‘section 8323’’; and (ii) in subparagraph (B), by striking ‘‘section 6330’’ and inserting ‘‘section 8330’’; and (C) in paragraph (3)— (i) in subparagraph (A), by striking ‘‘section 8911’’ and inserting ‘‘section 9311’’; and (ii) in subparagraph (B), by striking ‘‘section 8914’’ and inserting ‘‘section 9314’’. (3) Section 598(d)(4) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561 note) is amended by striking ‘‘sections 4361, 6980, and 9361’’ and inserting ‘‘sections 7461, 8480, and 9461’’. (4) Section 549(a)(2)(B) of the National Defense Authoriza- tion Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1580 note prec.) is amended by striking ‘‘section 4348, 6959, or 9348’’ and inserting ‘‘section 7448, 8459, or 9448’’. (5) Section 505(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 3201 note) is amended by striking ‘‘section 3201’’ and inserting ‘‘sec- tion 7101’’. (6) Section 586(g)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3741 note) is amended by striking ‘‘section 3744, 6248, or 8744’’ and inserting ‘‘section 7274, 8296, or 9274’’. (7) Section 2 of Public Law 89–650 (10 U.S.C. 4343 note) is amended— (A) by striking ‘‘sections 4342(b)(1), 6954(b), and 9342(b)(1)’’ and inserting ‘‘sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code,’’; and (B) by striking ‘‘sections 4343, 6956, and 9343 of title 10, United States Code’’ and inserting ‘‘sections 7443, 8456, and 9443 of such title’’.

206 H. R. 5515—206 (8) Section 323 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4551 note) is amended by striking ‘‘section 4551(2)’’ and inserting ‘‘section 7551(2)’’. (9) Section 343 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4554 note) is amended by striking ‘‘section 4554(a)(3)(A)’’ and inserting ‘‘section 7554(a)(3)(A)’’. (10) Section 589(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 7049 note) is amended by striking ‘‘sections 7049(a) and 9314a(a)’’ and inserting ‘‘sections 8549(a) and 9414a(a)’’. (11) Section 131(d) of the National Defense Authorization Act for Fiscal Year (Public Law 115–91; 10 U.S.C. 8062 note) is amended by striking ‘‘section 8062’’ and inserting ‘‘section 9062’’. (12) Section 2 of Public Law 86–593 (10 U.S.C. 8744 note) is amended by striking ‘‘sections 8744(a) and 8750(b)’’ and inserting ‘‘sections 9274(a) and 9280(b)’’. (c) T 5, U ITLE S TATES C ODE .— NITED (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (10)— (i) by striking ‘‘section 1595, 4021, 7478, or 9021 of title 10’’ and inserting ‘‘section 1595, 7371, 8748, or 9371 of title 10’’; (ii) by striking ‘‘sections 4338, 6952, and 9338, respectively, of title 10’’ and inserting ‘‘sections 7438, 8452, and 9438, respectively, of title 10’’; (iii) by striking ‘‘section 7044 of title 10’’ and inserting ‘‘section 8544 of title 10’’; and (iv) by striking ‘‘section 7043 of title 10’’ and inserting ‘‘section 8543 of title 10’’; and (B) in paragraph (28), by striking ‘‘section 9314 of title 10’’ and inserting ‘‘section 9414 of title 10’’. (2) Section 504(c) of the Department of Defense Authoriza- tion Act, 1986 (Public Law 99–145; 5 U.S.C. 5102 note), is amended by striking ‘‘Section 9314(b)(2) of title 10, United States Code’’ and inserting ‘‘Section 9414(b)(2) of title 10, United States Code’’. (3) Section 5514(c) of title 5, United States Code, is amended by striking ‘‘section 4837(d) or 9837(d) of title 10’’ and inserting ‘‘section 7837(d) or 9837(d) of title 10’’. (4) Section 8150(b) of title 5, United States Code, is amended by striking ‘‘section 9441 of title 10’’ and inserting ‘‘section 9491 of title 10’’. (d) L AWS C LASSIFIED IN T ITLE 7, U NITED S TATES C ODE .—The 7th proviso in the paragraph under the heading ‘‘SALARIES’’ in the Department of Agriculture Appropriation Act, 1937 (7 U.S.C. 2238), is amended by striking ‘‘the Act of March 3, 1879 (20 Stat. 412)’’ and inserting ‘‘section 7655 of title 10, United States Code’’. (e) T ITLE 18, U NITED S TATES C ODE .— (1) Section 704 of title 18, United States Code, is amended— (A) in subsection (c)(2)—

207 H. R. 5515—207 (i) by striking ‘‘section 3741, 6241, or 8741 of title 10’’ in subparagraph (A) and inserting ‘‘section 7271, 8291, or 9271 of title 10’’; (ii) by striking ‘‘section 3754, 6256, or 8754 of title 10’’ in subparagraph (B) and inserting ‘‘section 7284, 8306, or 9284 of title 10’’; and (iii) by striking ‘‘section 3747, 6253, or 8747 of title 10’’ in subparagraph (C) and inserting ‘‘section 7277, 8303, or 9277 of title 10’’; and (B) in subsection (d)(1)— (i) by striking ‘‘section 3742 of title 10’’ and inserting ‘‘section 7272 of title 10’’; (ii) by striking ‘‘section 6242 of title 10’’ and inserting ‘‘section 8292 of title 10’’; (iii) by striking ‘‘section 8742 of section 10’’ and inserting ‘‘section 9272 of title 10’’; and (iv) by striking ‘‘section 3746, 6244, or 8746 of title 10’’ and inserting ‘‘section 7276, 8294, or 9276 of title 10’’. (2) Section 921(a)(4) of such title is amended by striking ‘‘section 4684(2), 4685, or 4686 of title 10’’ in the matter after subparagraph (C) and inserting ‘‘section 7684(2), 7685, or 7686 of title 10’’ (3) Section 925(d)(1) of such title is amended by striking ‘‘chapter 401 of title 10’’ and inserting ‘‘chapter 751 of title 10’’. AWS C LASSIFIED IN T ITLE 22, U NITED (f) L TATES C ODE .—Sec- S tion 44 of the Arms Export Control Act (22 U.S.C. 2793) is amended by striking ‘‘section 7307 of title 10 of the United States Code’’ and inserting ‘‘section 8677 of title 10, United States Code’’. (g) L AWS C LASSIFIED IN T ITLE 24, U NITED S TATES C ODE .— Section 1520(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 420(a)) is amended by striking ‘‘sections 4712(f) and 9712(f) of title 10, United States Code’’ in the matter before para- graph (1) and inserting ‘‘sections 7712(f) and 9712(f) of title 10, United States Code’’. AWS C LASSIFIED IN T ITLE 26, U NITED S .— C ODE TATES (h) L (1) Section 170(p)(6) of the Internal Revenue Code of 1986 is amended by striking ‘‘section 6973 of title 10, United States Code’’ and inserting ‘‘section 8473 of title 10, United States Code’’. (2) Section 2055(g) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (4), by striking ‘‘section 7222 of title 10, United States Code’’ and inserting ‘‘section 8622 of title 10, United States Code’’; (B) in paragraph (9), by striking ‘‘section 6973 of title 10, United States Code’’ and inserting ‘‘section 8473 of title 10, United States Code’’; and (C) in paragraph (10), by striking ‘‘section 6974 of title 10, United States Code’’ and inserting ‘‘section 8474 of title 10, United States Code’’. (3) Section 5845(f) of the Internal Revenue Code of 1986 is amended by striking ‘‘section 4684(2), 4685, or 4686 of title 10 of the United States Code’’ and inserting ‘‘section 7684(2), 7685, or 7686 of title 10, United States Code’’. (i) L .— C LASSIFIED IN T ITLE 30, U NITED S TATES C ODE AWS

208 H. R. 5515—208 (1) Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is amended by striking ‘‘the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)’’ before the period at the end of the first sentence and inserting ‘‘section 8733(b) of title 10, United States Code’’. (2) Section 4 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 353) is amended by striking ‘‘the Act of June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41 Stat. 813)’’ before the period at the end and inserting ‘‘chapter 869 of title 10, United States Code’’. (j) T NITED ITLE TATES C ODE .—Section 113(b)(1)(A) of 32, U S title 32, United States Code, is amended by striking ‘‘section 3013(b) of title 10’’ and inserting ‘‘section 7013(b) of title 10’’. (k) L .— C T ITLE 33, U NITED S TATES C ODE LASSIFIED IN AWS (1) Section 902(c)(2) of the Oceans and Human Health Act (33 U.S.C. 3101(c)(2)) is amended by striking ‘‘(10 U.S.C. 7902(a))’’ and inserting ‘‘(10 U.S.C. 8932(a))’’. (2) Section 12406(a)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) is amended by striking ‘‘section 7901 of title 10, United States Code’’ and inserting ‘‘section 8931 of title 10, United States Code’’. .— ITLE 36, U NITED S TATES C ODE (l) T (1) Section 903(b) of title 36, United States Code, is amended by striking ‘‘sections 3755, 6257, and 8755 of title 10’’ and inserting ‘‘sections 7285, 8307, and 9285 of title 10’’. (2) Section 40303(b) of such title is amended by striking ‘‘section 9447 of title 10’’ and inserting ‘‘section 9497 of title 10’’. (m) T 37, U NITED S TATES C ITLE .— ODE (1) Section 207(c) of title 37, United States Code, is amended by striking ‘‘section 6222 of title 10’’ and inserting ‘‘section 8287 of title 10’’. (2) Section 301a(a)(6)(D) of such title is amended by striking ‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title 10’’. (3) Section 334(h)(4) of such title is amended by striking ‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title 10’’. (4) Section 424(c) of such title is amended by striking ‘‘section 6222 of title 10’’ and inserting ‘‘section 8287 of title 10’’. ITLE 38, U NITED TATES C ODE .— S (n) T (1) The following provisions of chapter 17 of title 38, United States Code, are amended by striking ‘‘section 3741, 6241, or 8741 of title 10’’ and inserting ‘‘section 7271, 8291, or 9271 of title 10’’: (A) Section 1705(a)(1). (B) Section 1710(a)(2)(D). (C) Section 1710B(c)(2)(D). (D) Section 1722A(a)(3)(D). (2) Section 2306(d)(5) of such title is amended by striking ‘‘section 3741, 6241, or 8741 of title 10’’ in subparagraphs (C)(iii) and (D) and inserting ‘‘section 7271, 8291, or 9271 of title 10’’.

209 H. R. 5515—209 (3) Section 3311(d)(2) of such title is amended by striking ‘‘section 4348, 6959, or 9348 of title 10’’ and inserting ‘‘section 7448, 8459, or 9448 of title 10’’. (n) L .— LASSIFIED IN ITLE 42, U NITED S TATES AWS ODE T C C (1) Section 106 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506) is amended by striking ‘‘section 7430 of title 10, United States Code’’ and inserting ‘‘section 8730 of title 10, United States Code’’. (2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C. 6939d) is amended— (A) in subsection (c)(2), by striking ‘‘section 7293 and sections 7304 through 7308 of title 10, United States Code’’ and inserting ‘‘section 8663 and sections 8674 through 8678 of title 10, United States Code’’; and (B) in subsection (d), by striking ‘‘section 7311 of title 10, United States Code’’ and inserting ‘‘section 8681 of title 10, United States Code’’. (3) The Department of Energy Organization Act is amended— (A) in section 307 (42 U.S.C. 7156), by striking ‘‘chapter 641 of title 10, United States Code’’ in the matter before paragraph (1) and inserting ‘‘chapter 869 of title 10, United States Code’’; and (B) in section 625(a) (42 U.S.C. 7235(a)), by striking ‘‘chapter 641 of title 10, United States Code’’ and inserting ‘‘chapter 869 of title 10, United States Code’’. (4) Section 102(f)(3) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking ‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in the matter before subparagraph (A) and inserting ‘‘(10 U.S.C. 8720 note; Public Law 105–261)’’. .— AWS C LASSIFIED IN T ITLE 43, U NITED S TATES C ODE (p) L Section 2(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601(e)) is amended by striking ‘‘sections 7421 through 7438 of title 10 of the United States Code’’ and inserting ‘‘sections 8721 through 8738 of title 10, United States Code,’’. (q) T 46, U NITED S TATES ITLE ODE .—Section 57100(d)(1) of C title 46, United States Code, is amended by striking ‘‘section 7310 of title 10, United States Code,’’ and inserting ‘‘section 8680 of title 10’’. (r) L AWS C LASSIFIED IN T ITLE 50, U NITED S TATES C ODE .— Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C. 3095(a)(2)(B)(i)) is amended by striking ‘‘(including a law enacted pursuant to section 7307(a) of that title)’’ and inserting ‘‘(including a law enacted pursuant to section 8677(a) of title 10)’’. (s) T 54, U NITED ITLE TATES C ODE .—Section 303102 of title S 54, United States Code, is amended by striking ‘‘section 7433(b) of title 10’’ and inserting ‘‘section 8733(b) of title 10’’. (t) D EEMING R ULE FOR O THER R EFERENCES .—Any reference in a provision of law (other than a provision amended by this section) to a section or chapter redesignated by this part shall be deemed to refer to the section or chapter as so redesignated.

210 H. R. 5515—210 PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIRE- MENTS FOR CERTAIN POSITIONS OR OFFICES IN THE DEPARTMENT OF DEFENSE. MENDMENT D IRECTOR OF C ORROSION P OLICY R ELATING TO (a) A .—Section 2228(a) of title 10, United States Code, VERSIGHT AND O is amended— (1) by striking ‘‘, Technology, and Logistics’’ and inserting ‘‘and Sustainment’’ both places it appears; and (2) by striking ‘‘The Director shall report directly to the Under Secretary’’ at the end of paragraph (2). (b) R TATUTORY R EQUIREMENT FOR O FFICE OF T ECH - EPEAL OF S NOLOGY .— T RANSITION .—Section 2515 of title 10, United States Code, EPEAL (1) R is repealed. (2) C LERICAL 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. (c) R S TATUTORY R EQUIREMENT FOR O FFICE FOR F OR - EPEAL OF ONITORING AND D RITICAL T ECHNOLOGY M C A SSESS - EIGN EFENSE .— MENT EPEAL (1) R .—Section 2517 of title 10, United States Code, is repealed. LERICAL AMENDMENT .—The table of sections at the (2) C beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2517. EPEAL OF S TATUTORY R (d) R D EFENSE L OGIS - EQUIREMENT FOR TICS A GENCY A DVOCATE FOR C OMPETITION .— (1) R EPEAL .—Section 2318 of title 10, United States Code, is amended— (A) by striking subsection (a); and (B) by striking ‘‘(b)’’ before ‘‘Each advocate’’. .—Such section is further ECHNICAL AMENDMENTS (2) T 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 classi- fied above GS–15 pursuant to section 5108 of title 5’’. (e) R S TATUTORY R EQUIREMENT FOR D ESIGNATION OF EPEAL OF - I ERVE AS P RIMARY L IAISON B ETWEEN THE P ROCURE S NDIVIDUAL TO MENT AND ESEARCH AND D EVELOPMENT R CTIVITIES OF THE U NITED A S TATES A RMED F ORCES AND T HOSE OF THE S TATE OF I SRAEL .— 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. (f) R EPEAL OF S TATUTORY EQUIREMENT FOR D ESIGNATION OF R S ENIOR O FFICIAL TO C OORDINATE AND M ANAGE H UMAN S YSTEMS I CQUISITION A CTIVITIES R ELATED TO A NTEGRATION P ROGRAMS .—Sec- tion 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—

211 H. R. 5515—211 (1) by striking ‘‘(a) I G ENERAL .—’’; and N (2) by striking subsections (b), (c), and (d). EPEAL OF TATUTORY R EQUIREMENT FOR D ESIGNATION OF S (g) R O U R ESPONSIBLE FOR F OCUS ON ENIOR RGENT O PERATIONAL FFICIAL S N R APID A CQUISITION .—Section 902 of the National EEDS AND Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed. EPEAL OF S TATUTORY R EQUIREMENT FOR D ESIGNATION OF (h) R S O FFICIAL R ESPONSIBLE FOR D UAL - USE P ROJECTS U NDER ENIOR D P - S CIENCE AND T UAL USE ROGRAM .—Section 203 of ECHNOLOGY 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). UBMISSION OF P LAN TO C ONGRESS .—Not less N OTICE AND (i) S 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 require- ments 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. ITLE NITED S TATES C ODE .— (a) T 10, U ECTION 167A .— (1) S (A) R EPEAL .—Section 167a of title 10, United States Code, is repealed. LERICAL AMENDMENT .—The table of sections at (B) C the beginning of chapter 6 of such title is amended by striking the item relating to section 167a. ONFORMING AMENDMENT .—Section 905(a)(1) of the (C) C 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) S .— ECTION 2323 (A) R EPEAL .—Section 2323 of title 10, United States Code, is repealed. (B) C LERICAL 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) C ONFORMING 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

212 H. R. 5515—212 (II) in paragraph (6), by striking ‘‘section 2323 of title 10, United States Code, and’’. (iii) 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’’. (iv) 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’’. (v) 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’’. (vi) Section 2304e(b) of title 10, United States Code, is amended— (I) by striking ‘‘other than—’’ and all that fol- lows through ‘‘small’’ and inserting ‘‘other than small’’; (II) by striking ‘‘; or’’ and inserting a period; and (III) by striking paragraph (2). (vii) Section 2323a(a) of title 10, United States Code, is amended by striking ‘‘section 2323 of this title and’’. (viii) 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: - DDITIONAL D UTIES OF P ROCUREMENT C ENTER R EPRESENT ‘‘(m) A ATIVES .—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).’’. (ix) Section 1902(b)(1) of title 41, United States Code, is amended by striking ‘‘, section 2323 of title 10,’’. (3) S ECTION 2332 .— (A) R EPEAL .—Section 2332 of title 10, United States Code, is repealed. (B) C .—The table of sections at LERICAL AMENDMENT the beginning of chapter 137 of such title is amended by striking the item relating to section 2332. (b) O THER P ROVISIONS OF L AW .—The following provisions of law are repealed: (1) Section 934 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a note).

213 H. R. 5515—213 (2) Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note). (3) Section 804 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note). (4) Section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note). (5) Section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note). (6) Section 815(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note). (7) 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). (8) Section 801(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note). (9) Section 352 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note). (10) Section 9004 of the Department of Defense Appropria- tions Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note). (11) Section 802 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note). (12) Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304 note). (13) Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note). (14) Section 927(b) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2304 note). (15) Section 1222(b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note). (16) Section 814(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a note). (17) Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304b note). (18) Section 803 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note). (19) Section 1075 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 note). (20) Section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note). (21) Sections 908(a), (b), (c), and (e) of Public Laws 99– 500, 99–591, and 99–661 (10 U.S.C. 2326 note).

214 H. R. 5515—214 (22) Section 807 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note). (23) Section 808(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note). (24) Section 812(b)–(c) of the National Defense Authoriza- tion Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330 note). (25) Section 801(d)–(f) of the National Defense Authoriza- tion Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note). (26) Section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note). (27) Section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2330a note). (28) Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note). (29) Section 241 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note). (30) Section 913(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note). (31) 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). (32) Section 943(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a note). (33) Section 801 of the National Defense Authorization Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note). (34) Section 8133 of the Department of Defense Appropria- tions Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note). (35) 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). (36) 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). (37) Section 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note). (38) Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note). (39) Section 833 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note). (40) Section 839 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

215 H. R. 5515—215 (41) Section 819 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note). (42) Section 5064 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note). (43) Section 803 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note). (44) Section 328 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note). (45) Section 347 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note). (46) Section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note). (47) Section 395 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note). (48) 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). (49) Section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note). (50) Section 353(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (51) Section 353(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (52) Section 356 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (53) Section 1010 of the USA Patriot Act of 2001 (Public Law 107–56; 10 U.S.C. 2465 note). (54) Section 4101 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 note). (55) Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note). (56) Section 823 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note). (57) Section 823 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2533b note). (58) Section 804(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b note). (59) 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).

216 H. R. 5515—216 (60) 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. C 10, U NITED S TATES ITLE ODE .—Title MENDMENTS TO T (a) A 10, United States Code, is amended as follows: .— ECTION 231A (1) S (A) R EPEAL .—Section 231a is repealed. (B) C LERICAL AMENDMENT .—The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 231a. (2) S ECTION 2276 .—Section 2276 is amended by striking subsection (e). (b) NDAA FY 2008.—The National Defense Authorization FOR 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 ‘‘; B IENNIAL PDATE ’’; U (B) in paragraph (3), by striking ‘‘, and each update required by paragraph (2),’’; and (C) by striking paragraph (2) and redesignating para- graph (3) as paragraph (2); and (2) in section 1034— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (c) 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 ‘‘B ANDWIDTH ’’ and all that follows through ‘‘The Secretary’’ and inserting ‘‘B EQUIREMENTS .—The Secretary’’; and ANDWIDTH R (2) by striking paragraph (2). FOR FY 2010.—Section 1244 of the National Defense (d) NDAA Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 1928 note) is amended by striking subsection (d). (e) 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 sub- section (i). (f) NDAA FY 2013.—Section 524 of the National Defense FOR Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1723; 10 U.S.C. 1222 note) is amended by striking subsection (c). (g) 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. (h) M ILITARY C ONSTRUCTION A UTHORIZATION A CT , 1982.—Sec- tion 703 of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is amended by striking subsection (g). (i) C ONFORMING A MENDMENTS .— FOR FY 2017 .—Section 1061 of the National (1) NDAA Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended—

217 H. R. 5515—217 (A) in subsection (c), by striking paragraphs (16) and (41); (B) in subsection (d), by striking paragraph (3); (C) in subsection (f), by striking paragraph (1); (D) in subsection (g), by striking paragraph (3); (E) in subsection (h), by striking paragraph (3); and (F) in subsection (i), by striking paragraphs (15), (17), and (24). .—Section 1031 of the National (2) NDAA FOR FY 2000 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). Subtitle B—Amendments to General Con- tracting Authorities, Procedures, and Limitations SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK OR DELIVERY ORDER CONTRACTS. Section 2304a(d)(3)(A) of title 10, United States Code, is amended by striking ‘‘reasonably perform the work’’ and inserting ‘‘efficiently perform the work’’. SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE OF MULTIYEAR CONTRACT AUTHORITY. Section 2306b(i)(2)(B) of title 10, United States Code, is amended— (1) by striking ‘‘made after the completion of a cost anal- ysis’’ and inserting ‘‘supported by a preliminary cost analysis’’; and (2) by striking ‘‘for the purpose of section 2334(e)(1) of this title, and that the analysis supports those preliminary findings’’. SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON SERVICES CONTRACTS TO CONGRESS. EVISION (a) R .—Section 2329(b) of title 10, United States Code, is amended— (1) by striking ‘‘October 1, 2022’’ and inserting ‘‘October 1, 2021’’; 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 sub- mitted to Congress under section 221 of this title.’’. (b) B RIEFING R EQUIREMENT ON S ERVICES C ONTRACTS .—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the requirements of section

218 H. R. 5515—218 2329(b) of title 10, United States Code, are met, the Under Secretary of Defense for Acquisition and Sustainment shall brief the congres- sional defense committees on the progress of Department of Defense efforts to meet the requirements of such section, including relevant information on the methodology and implementation plans for future compliance. SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CON- TRACTS. Section 2330a of title 10, United States Code, is amended in subsection (c)(1)— (1) by inserting ‘‘and contracts closely associated with inherently governmental functions’’ after ‘‘staff augmentation contracts’’; and (2) 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’’. SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING DEFINITIONS. 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 clarifying the definitions of and rela- tionships between terms used by the Department of Defense related to services contracting, 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. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE TO DEPARTMENT OF DEFENSE. N (a) I ENERAL .—Section 2338 of title 10, United States Code, G is amended by striking ‘‘Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $5,000’’ and inserting ‘‘The micro-purchase threshold for the Department of Defense is $10,000’’. ONFORMING MENDMENT .—Section 1902(a)(1) of title 41, A (b) C United States Code, is amended by striking ‘‘sections 2338 and 2339 of title 10 and’’. EPEAL OF O BSOLETE A (c) R .— UTHORITY (1) I N GENERAL .—Section 2339 of title 10, United States Code, is repealed. (2) C LERICAL AMENDMENT .—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by striking the item relating to section 2339. SEC. 822. DEPARTMENT OF DEFENSE CONTRACTING DISPUTE MAT- TERS. (a) I N G ENERAL .—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study of the frequency and effects of bid protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the United States Court of Federal Claims. The study shall cover Department of Defense contracts and include, at a minimum— (1) the number of protests that have been filed with both tribunals and results;

219 H. R. 5515—219 (2) the number of such protests where the tribunals differed in denying or sustaining the action; (3) the length of time, in average time and median time— (A) from initial filing at the Government Accountability Office to decision in the United States Court of Federal Claims; (B) from filing with each tribunal to decision by such tribunal; (C) from the time at which the basis of the protest is known to the time of filing in each tribunal; and (D) in the case of an appeal from a decision of the United States Court of Federal Claims, from the date of the initial filing of the appeal to decision in the appeal; (4) the number of protests where performance was stayed or enjoined and for how long; (5) if performance was stayed or enjoined, whether the requirement was obtained in the interim through another vehicle or in-house, or whether during the period of the stay or enjoining the requirement went unfulfilled; (6) separately for each tribunal, the number of protests where performance was stayed or enjoined and monetary dam- ages were awarded, which shall include for how long perform- ance was stayed or enjoined and the amount of monetary dam- ages; (7) whether the protestor was a large or small business; and (8) whether the protestor was the incumbent in a prior contract for the same or similar product or service. EPORT .—Not later than 180 days after the date of the (b) R enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the results of the study, along with related recommendations for improving the expediency of the bid protest process. In preparing the report, the Secretary shall consult with the Attorney General of the United States, the Comptroller General of the United States, and the United States Court of Federal Claims. NGOING ATA C OLLECTION .—Not later than 270 days after D (c) O the date of the enactment of this Act, the Secretary of Defense shall establish and continuously maintain a data repository to col- lect on an ongoing basis the information described in subsection (a) and any additional relevant bid protest data the Secretary determines necessary and appropriate to allow the Department of Defense, the Government Accountability Office, and the United States Court of Federal Claims to assess and review bid protests over time. (d) E STABLISHMENT OF E XPEDITED P ROCESS FOR S MALL V ALUE .— ONTRACTS C (1) I N GENERAL .—Not later than December 1, 2019, the Secretary of Defense shall develop a plan and schedule for an expedited bid protest process for Department of Defense contracts with a value of less than $100,000. (2) C ONSULTATION .—In carrying out paragraph (1), the Sec- retary of Defense may consult with the Government Account- ability Office and the United States Court of Federal Claims

220 H. R. 5515—220 to the extent such entities may establish a similar process at their election. EPORT .—Not later than May 1, 2019, the Secretary (3) R of Defense shall submit to the congressional defense committees a report on the plan and schedule for implementation of the expedited bid protest process, which shall include a request for any additional authorities the Secretary determines appro- priate for such efforts. SEC. 823. INCLUSION OF BEST AVAILABLE INFORMATION REGARDING PAST PERFORMANCE OF SUBCONTRACTORS AND JOINT VENTURE PARTNERS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Acquisition Regulatory Council and the Administrator for Federal Procurement Policy, shall develop policies for the Department of Defense to ensure the best information regarding past performance of certain subcontractors and joint venture partners is available when awarding Department of Defense contracts. The policies shall include proposed revisions to the Defense Federal Acquisition Regu- lation Supplement as follows: (1) Required performance evaluations, as part of a govern- ment-wide evaluation reporting tool, for first-tier subcontractors on construction and architect-engineer contracts performing a portion of the contract valued at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, or 20 percent of the value of the prime contract, whichever is higher, provided— (A) the information included in rating the subcon- tractor is not inconsistent with the information included in the rating for the prime contractor; (B) the subcontractor evaluation is conducted con- sistent with the provisions of section 42.15 of the Federal Acquisition Regulation; (C) negative evaluations of a subcontractor in no way obviate the prime contractor’s responsibility for successful completion of the contract and management of its sub- contractors; and (D) that in the judgment of the contracting officer, the overall execution of the work is impacted by the performance of the subcontractor or subcontractors. (2) Required performance evaluations, as part of a govern- ment-wide evaluation reporting tool, of individual partners of joint venture-awarded construction and architect-engineer con- tracts valued at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, to ensure that past performance on joint venture projects is considered in future awards to individual joint venture partners, provided— (A) at a minimum, the rating for joint ventures includes an identification that allows the evaluation to be retrieved for each partner of the joint venture; (B) each partner, through the joint venture, is given the same opportunity to submit comments, rebutting state- ments, or additional information, consistent with the provi- sions of section 42.15 of the Federal Acquisition Regulation; and

221 H. R. 5515—221 (C) the rating clearly identifies the responsibilities of joint venture partners for discrete elements of the work where the partners are not jointly and severally responsible for the project. (3) Processes to request exceptions from the annual evalua- tion requirement under section 42.1502(a) of the Federal Acquisition Regulation for construction and architect-engineer contracts where submission of the annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners, including— (A) where no severable element of the work has been completed; (B) where the contracting officer determines that— (i) an insubstantial portion of the contract work has been completed in the preceding year; and (ii) the lack of performance is at no fault to the contractor; or (C) where the contracting officer determines that there is an issue in dispute which, until resolved, would likely cause the annual rating to inaccurately reflect the past performance of the contractor. SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYS- TEMS. MENDMENT .—Section 893 of the Ike Skelton National (a) A Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 383; 10 U.S.C. 2302 note) is amended— (1) in subsection (g), by adding at the end the following new paragraph: ‘‘(5) The term ‘approved purchasing system’ has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).’’; and (2) by adding at the end the following new subsection: ‘‘(i) C S UBCONTRACT ONSENT TO .—If the contractor on a Depart- ment of Defense contract requiring a contracting officer’s written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.’’. (b) C ONFORMING EGULATIONS .—Not later than 120 days after R the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to conform with the amendments to section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) made by this section. SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIRE- MENT FOR CERTIFIED COST AND PRICE DATA. Section 817(b)(2) of the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking ‘‘; and’’ and inserting ‘‘; or’’.

222 H. R. 5515—222 Subtitle C—Provisions Relating to Major Defense Acquisition Programs SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST TARGETS AND FIELDING TARGETS FOR MAJOR DEFENSE ACQUISITION PROGRAMS. P UTHORITY R (a) R EVISIONS IN ROGRAM C OST AND A ELATING TO IELDING T ARGETS .—Section 2448a of title 10, United States Code, F is amended— (1) in subsection (a), by striking ‘‘Secretary of Defense’’ and inserting ‘‘designated milestone decision authority for the program’’; (2) by striking ‘‘the milestone decision authority for the major defense acquisition program approves a program that’’ and inserting ‘‘the program’’; (3) by striking subsection (b); and (4) by redesignating subsection (c) as subsection (b). (b) C A MENDMENTS .— ONFORMING (1) Section 181(b) of title 10, United States Code, is amended— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively. (2) Section 2366a(c)(1)(A) of such title is amended by striking ‘‘by the Secretary of Defense’’. (3) Section 2366b of such title is amended— (A) in subsection (a)(3)(D), by striking ‘‘Secretary of Defense after a request for such increase or delay by the’’; and (B) in subsection (c)(1)(A), by striking ‘‘by the Secretary of Defense’’. (4) Section 925(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361; 10 U.S.C. 2448a note) is amended by striking ‘‘Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘designated milestone decision authority for the major defense acquisition program and the Vice Chief of Staff of the armed force concerned or, in the case of a program for which an alternate milestone decision authority is des- ignated under section 2430(d)(2) of such title, the Vice Chair- man of the Joint Chiefs of Staff’’. SEC. 832. IMPLEMENTATION OF RECOMMENDATIONS OF THE INDE- PENDENT STUDY ON CONSIDERATION OF SUSTAINMENT IN WEAPONS SYSTEMS LIFE CYCLE. (a) I R EQUIRED .—Not later than 18 months MPLEMENTATION after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the independent assessment produced under section 844 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 328; 130 Stat. 2290). (b) E XCEPTIONS .— (1) D ELAYED IMPLEMENTATION .—The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such

223 H. R. 5515—223 subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation. .—The Secretary of Defense may ONIMPLEMENTATION (2) N opt not to implement a recommendation described under sub- section (a) if the Secretary provides to the congressional defense committees— (A) the reasons for the decision not to implement the recommendation; and (B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the rec- ommendation. (c) I MPLEMENTATION LANS .—For each recommendation that P the Secretary is implementing, or that the Secretary plans to imple- ment, the Secretary shall submit to the congressional defense committees— (1) a summary of actions that have been taken to imple- ment the recommendation; and (2) a schedule, with specific milestones, for completing the implementation of the recommendation. SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED INITIATIVES. (a) I N G ENERAL .—Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2229b. Comptroller General assessment of acquisition pro- grams and initiatives SSESSMENT R EQUIRED .—The Comptroller General of the ‘‘(a) A United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initia- tives of the Department of Defense by March 30th of each year from 2020 through 2023. T O B E I NCLUDED .—The assessment required NALYSES ‘‘(b) A under subsection (a) shall include— ‘‘(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that perform- ance; ‘‘(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assess- ment, and a discussion of the implications for execution and oversight of programs and initiatives; and ‘‘(3) specific analyses of individual acquisition programs and initiatives. ‘‘(c) A CQUISITION P ROGRAMS AND I NITIATIVES TO B E C ONSID - ERED .—The assessment required under subsection (a) shall consider the following programs and initiatives: ‘‘(1) Selected weapon systems, as determined appropriate by the Comptroller General. ‘‘(2) Selected information technology systems and initia- tives, including defense business systems, networks, and soft- ware-intensive systems, as determined appropriate by the Comptroller General. ‘‘(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller Gen- eral.’’.

224 H. R. 5515—224 (b) C A MENDMENT .—The table of sections at the begin- LERICAL ning of such chapter is amended by inserting after the item relating to section 2229a the following new item: ‘‘2229b. Comptroller General assessment of acquisition programs and related initia- tives.’’. EPEAL OF UPERSEDED A UTHORITY .—Section 883(d) of the S (c) R National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2222 note) is amended by striking paragraph (1), effective on January 1, 2020. Subtitle D—Provisions Relating to Commercial Items SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PUR- POSES OF FEDERAL ACQUISITION STATUTES. EFINITIONS IN C HAPTER 1 OF T ITLE (a) D NITED S TATES 41, U ODE .— C (1) S EPARATION OF ‘‘ COMMERCIAL ITEM ’’ DEFINITION INTO DEFINITIONS OF ‘‘ ’’ AND ‘‘ COMMERCIAL COMMERCIAL PRODUCT ’’.—Chapter 1 of title 41, United States Code, is SERVICE 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 Govern- ment 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 sepa- rate divisions, subsidiaries, or affiliates of a contractor. ‘‘(6) A nondevelopmental item if the procuring agency deter- mines, in accordance with conditions in the Federal Acquisition Regulation, that—

225 H. R. 5515—225 ‘‘(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 serv- ices, 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 Govern- ment; ‘‘(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) C ONFORMING AMENDMENTS TO TITLE 41 DEFINITIONS .— EFINITION OF COMMERCIAL COMPONENT (A) D .—Section 102 of such title is amended by striking ‘‘commercial item’’ and inserting ‘‘commercial product’’. EFINITION OF COMMERCIALLY AVAILABLE OFF - THE - (B) D SHELF ITEM .—Section 104(1)(A) is amended by striking ‘‘commercial item’’ and inserting ‘‘commercial product’’. (C) D .—Section EFINITION OF NONDEVELOPMENTAL ITEM 110(1) of such title is amended by striking ‘‘commercial item’’ and inserting ‘‘commercial product’’. LERICAL AMENDMENT .—The table of sections at the (3) C 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) C ONFORMING A MENDMENTS TO O THER P ROVISIONS OF T ITLE 41, U S TATES C ODE .—Title 41, United States Code, is further NITED amended as follows: (1) Section 1502(b) is amended— (A) in paragraph (1)(A), by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’; (B) in paragraph (1)(C)(i), by striking ‘‘commercial item’’ and inserting ‘‘commercial product or commercial service’’; and

226 H. R. 5515—226 (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 prod- ucts or commercial services’’. (4) Section 1901 is amended— (A) in subsection (a)(2), by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’; and (B) in subsection (e)— (i) by striking ‘‘C I TEMS ’’ in the sub- OMMERCIAL section heading and inserting ‘‘C OMMERCIAL RODUCTS P C ERVICES S AND ’’; and OMMERCIAL (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 ‘‘C OMMERCIAL I TEM ’’ and inserting ‘‘C OMMERCIAL P RODUCT OR C OMMER - CIAL S ’’; ERVICE (B) in paragraph (1), by striking ‘‘as a commercial item’’ and inserting ‘‘as a commercial product or a commer- cial 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 commer- cial 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 com- mercial 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 serv- ices’’. (9) Section 3306(b) is amended by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’. (10)(A) Section 3307 is amended— (i) in subsection (a)—

227 H. R. 5515—227 (I) by striking ‘‘C I TEMS ’’ in the sub- OMMERCIAL OMMERCIAL P section heading and inserting ‘‘C RODUCTS OMMERCIAL C ERVICES ’’; AND S (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 commer- cial 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 prod- ucts or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial prod- ucts’’; 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 ‘‘commer- cial 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 ‘‘commer- cial items or, to the extent that commercial items suit- able to meet the executive agency’s needs are not avail- able, nondevelopmental items other than commercial items’’ and inserting ‘‘commercial services or commer- cial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commer- cial 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, nondevelop- mental items other than commercial items’’ and inserting ‘‘commercial services or commercial products or, to the extent that commercial products suitable to meet the execu- tive 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 commer- cial services’’;

228 H. R. 5515—228 (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 compo- nents’’ 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 commer- cial services’’; (VII) in paragraph (4)(C)(i), by striking ‘‘commer- cial 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)— ’’ in the heading for paragraph ITEM (i) by striking ‘‘ (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 ‘‘C OMMERCIAL I TEMS ’’ in the sub- section heading and inserting ‘‘C OMMERCIAL P RODUCTS OR OMMERCIAL S ERVICES ’’; and C (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’’.

229 H. R. 5515—229 (14) Section 3509(b) is amended by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’. (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 serv- ices’’. (17) Section 4301(2) is amended by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’. (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 prod- ucts 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) A MENDMENTS TO C HAPTER 137 OF T ITLE 10, U NITED S TATES C ODE .—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 fol- lowing 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 serv- ices’’; and (B) in subsection (b)(5)(B)(v), by striking ‘‘commercial item’’ and inserting ‘‘commercial product’’.

230 H. R. 5515—230 (4) Section 2306(b) is amended by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’. (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 ‘‘C OMMERCIAL ITEMS ’’ in the OMMERCIAL paragraph heading and inserting ‘‘C 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)— ’’ in the OMMERCIAL ITEMS (I) by striking ‘‘C paragraph heading and inserting ‘‘C OMMERCIAL ’’; and PRODUCTS (II) by striking ‘‘item’’ each place it appears and inserting ‘‘product’’; and (iv) in paragraph (4)— (I) by striking ‘‘C OMMERCIAL ITEM ’’ in the para- graph heading and inserting ‘‘C OMMERCIAL ’’; PRODUCT OR COMMERCIAL SERVICE (II) by striking ‘‘commercial item’’ in subpara- graph (A) after ‘‘applying the’’; (III) by striking ‘‘prior commercial item deter- mination’’ in subparagraph (A) and inserting ‘‘prior commercial product or commercial service deter- mination’’; (IV) by striking ‘‘of such item’’ in subparagraph (A) and inserting ‘‘of such product or service’’; (V) by striking ‘‘of an item previously deter- mined 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 deter- mination’’ in subparagraph (B) and inserting ‘‘the commercial product or commercial service deter- mination’’; and (VIII) by striking ‘‘commercial item’’ in subparagraph (C); and (v) in paragraph (5), by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commer- cial 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)—

231 H. R. 5515—231 (i) in paragraph (2), by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’; and (ii) by striking paragraph (3). (6) Section 2307(f) is amended— OMMERCIAL TEMS ’’ in the subsection I (A) by striking ‘‘C P RODUCTS AND heading and inserting ‘‘C OMMERCIAL OMMERCIAL S ERVICES ’’; and C (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 noncommer- cial 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 serv- ices’’. (10) Section 2335(b) is amended by striking ‘‘commercial items’’ and inserting ‘‘commercial products and commercial services’’. (d) A MENDMENTS TO C HAPTER 140 OF T ITLE 10, U NITED S TATES ODE .—Chapter 140 of title 10, United States Code, is amended C 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)— OMMERCIAL I (i) by striking ‘‘C ’’ in the sub- TEMS section heading and inserting ‘‘C OMMERCIAL P RODUCTS AND C OMMERCIAL S ERVICES ’’; 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 serv- ices’’. (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—

232 H. R. 5515—232 (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, nondevelop- mental 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, non- developmental 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 ‘‘commer- cial 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 ‘‘commer- cial items or, to the extent that commercial items suit- able to meet the agency’s needs are not available, nondevelopmental items other than commercial items’’ and inserting ‘‘commercial services or commercial prod- ucts or, to the extent that commercial products suitable to meet the agency’s needs are not available, non- developmental items other than commercial products’’; and (iii) in paragraphs (5) and (6), by striking ‘‘commer- cial 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, nondevelop- mental 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, non- developmental 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 commer- cial 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

233 H. R. 5515—233 (E) in subsection (e)(1), by striking ‘‘commercial items’’ and inserting ‘‘commercial products and commercial serv- ices’’. (4) Section 2379 is amended— I ’’ in the headings (A) by striking ‘‘C TEMS OMMERCIAL P of subsections (b) and (c) and inserting ‘‘C - OMMERCIAL ROD ’’; UCTS (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 determina- tions’’; and (B) in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)— TEM ’’ in the subsection heading; (i) by striking ‘‘I (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 determina- tion’’ 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, respec- tively,’’; 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’’. , ETC .— MENDMENTS TO HEADINGS (8) A (A) The heading of such chapter is amended to read as follows: ‘‘CHAPTER 140—PROCUREMENT 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 procure- ment of commercial products and commercial serv- ices’’. (C) The heading of section 2377 is amended to read as follows:

234 H. R. 5515—234 ‘‘§ 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 commer- cial product: requirement for prior determination by Secretary of Defense and notification to Con- gress’’. (E) The heading of section 2380 is amended to read as follows: ‘‘§ 2380. Commercial product and commercial service deter- minations 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 con- tractors 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 prod- ucts and commercial services. ‘‘2376. Definitions. ‘‘2377. Preference for commercial products and commercial services. ‘‘2379. Procurement of a major weapon system as a commercial product: require- ment 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 com- mercial services. ‘‘2380b. Treatment of commingled items purchased by contractors as commercial products.’’. S THER MENDMENTS TO T ITLE 10, U (e) O A TATES C ODE .— NITED 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.’’.

235 H. R. 5515—235 (5) Section 2408(a)(4)(B) is amended by striking ‘‘commer- cial 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 serv- ices’’; 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 prod- ucts (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)’’; and (B) in subsection (c)— OMMERCIAL I TEMS ’’ in the sub- (i) by striking ‘‘C section heading and inserting ‘‘C OMMERCIAL P RODUCTS OR C OMMERCIAL S ERVICES ’’; and (ii) by striking ‘‘commercial item’’ and inserting ‘‘commercial product or commercial service’’. (11) Section 2484(f) is amended— (A) by striking ‘‘C I TEMS ’’ in the subsection OMMERCIAL OMMERCIAL P heading and inserting ‘‘C ’’; and RODUCTS (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 Serv- ices ... 2377’’. (f) A TO P ROVISIONS OF N ATIONAL D EFENSE MENDMENTS A UTHORIZATION A CTS .— (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

236 H. R. 5515—236 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 pro- vided 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 sec- tions 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)— ITEM ’’ in the headings for para- (i) by striking ‘‘ graphs (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—

237 H. R. 5515—237 (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: EFINITION .—In this subsection, the term ‘commercial ‘‘(5) D 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— COMMERCIAL (A) in the section heading, by striking ‘‘ ’’ and inserting ‘‘ ITEMS ’’; COMMERCIAL PRODUCTS (B) in subsection (a), by striking ‘‘commercial items’’ and inserting ‘‘commercial products’’; (C) in subsection (c)(3)— OMMERCIAL ITEMS ’’ in the para- (i) by striking ‘‘C OMMERCIAL PRODUCTS graph heading and inserting ‘‘C ’’; and OR COMMERCIAL SERVICES (ii) by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial services’’; and (D) in subsection (e)(2), by striking ‘‘item’’ in subpara- graphs (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’’. .— ONFORMING A MENDMENTS TO O THER S TATUTES (g) C (1) Section 604(g) of the American Recovery and Reinvest- ment Act of 2009 (6 U.S.C. 453b(g)) is amended— I TEMS ’’ in the subsection OMMERCIAL (A) by striking ‘‘C OMMERCIAL P RODUCTS ’’; heading and inserting ‘‘C (B) by striking ‘‘procurement of commercial’’ in the first sentence and all that follows through ‘‘items listed’’ and inserting ‘‘procurement of commercial products not- withstanding 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 ‘‘C OMMERCIAL I TEMS ’’ in the sub- OMMERCIAL P RODUCTS section heading and inserting ‘‘C AND C OMMERCIAL S ERVICES ’’; (ii) by striking ‘‘that commercial items’’ and inserting ‘‘that commercial products or commercial services’’;

238 H. R. 5515—238 (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 ‘‘with- out 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 ‘‘I TEMS ’’ in the subsection heading and inserting ‘‘P ERVICES ’’; RODUCTS AND S TEMS ’’ in the heading of paragraph (ii) by striking ‘‘I (2) and inserting ‘‘P ’’; and RODUCTS AND SERVICES (iii) by striking ‘‘a commercial item’’ in paragraph (2) and inserting ‘‘a commercial product or a commer- cial service’’; (C) in subsection (h)— (i) by striking ‘‘I TEMS ’’ in the subsection heading ERVICES and inserting ‘‘S ’’; 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) C OMMERCIAL PRODUCT .—The term ‘commercial product’ has the meaning given the term in section 103 of title 41, United States Code. OMMERCIAL SERVICE .—The term ‘commercial service’ ‘‘(2) C 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— OMMERCIAL ITEMS ’’ in the (I) by striking ‘‘C paragraph heading and inserting ‘‘C OMMERCIAL 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 ‘‘pursu- ant 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 Stream- lining 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—

239 H. R. 5515—239 (A) in paragraph (1), by striking ‘‘commercial items’’ and inserting ‘‘commercial products or commercial serv- ices’’; 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 ‘‘C OMMERCIAL .—The term ‘commercial item’ has’’ and inserting ITEM ‘‘C OMMERCIAL 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)— OMMERCIAL I TEM ’’ in the sub- (i) by striking ‘‘C OMMERCIAL P RODUCT section heading and inserting ‘‘C OR C OMMERCIAL S ERVICE ’’; and (ii) by striking ‘‘commercial item’’ in the second sentence and inserting ‘‘commercial product or commer- cial service’’; and (B) in section 50115(b)— OMMERCIAL I TEM ’’ in the sub- (i) by striking ‘‘C OMMERCIAL P RODUCT section heading and inserting ‘‘C C OR S ERVICE ’’; and OMMERCIAL (ii) by striking ‘‘commercial item’’ in the second sentence and inserting ‘‘commercial product or commer- cial service’’; and (C) in section 50132(a)— (i) by striking ‘‘C OMMERCIAL I TEM ’’ in the sub- section heading and inserting ‘‘C S ERVICE ’’; OMMERCIAL and (ii) by striking ‘‘commercial item’’ in the second sentence and inserting ‘‘commercial service’’. (h) E FFECTIVE D ATE AND S AVINGS P ROVISION .—The amend- ments made by subsections (a) through (g) shall take effect on January 1, 2020. Any provision of law that on the day before such effective date is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of

240 H. R. 5515—240 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. (i) I LAN EQUIRED .—Not later than April MPLEMENTATION P R 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with members of the Defense Business Board, the Defense Science Board, and the Defense Innovation Board as appropriate, shall submit to the Committees on Armed Services of the Senate and the House of Representatives an implementation plan that contains the following elements: (1) An implementation timeline and schedule, to include substantive, technical, and conforming changes to the law that the Under Secretary deems appropriate and necessary, to include revising definitions or categories of items, products, and services. (2) A review of recommendations by the independent panel created under section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889) pertaining to commercial items. (3) A review of commercial item provisions from the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), and other relevant legislation. (4) An analysis of the extent to which the Department of Defense should treat commercial service contracts and commercial products in a similar manner. (5) Such other matters with respect to commercial item procurement as the Under Secretary considers appropriate. SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF DEFENSE COMMERCIAL CONTRACTS OF CERTAIN PROVI- SIONS OF LAW. (a) S ECTION 2375.—Section 2375(b)(2) of title 10, United States Code, is amended by striking ‘‘January 1, 2015’’ and inserting ‘‘October 13, 1994’’. (b) S ECTION A .—Section 2533a(i) of such title is amended— 2533 (1) in the subsection heading, by striking ‘‘I TEMS ’’ and inserting ‘‘P RODUCTS ’’; and (2) by striking ‘‘commercial items’’ and inserting ‘‘commer- cial products’’. ECTION 2533 B .—Section 2533b(h) of such title is amended— (c) S (1) in the subsection heading, by striking ‘‘I TEMS ’’ and inserting ‘‘P ’’; and RODUCTS (2) by striking ‘‘commercial items’’ each place it appears and inserting ‘‘commercial products’’. SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS. (a) I N G ENERAL .—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

241 H. R. 5515—241 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 imple- ment subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.’’; and (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).’’. (b) S ENSE OF C ONGRESS .—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 procure- ment, 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 Administra- tion 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. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS. (a) R D ETERMINATIONS N OT TO E XEMPT C ONTRACTS EVIEW OF FOR C OMMERCIAL P RODUCTS , C OMMERCIAL S ERVICES , AND C OMMER - AWS AND CIALLY O FF - THE - SHELF I TEMS F ROM C ERTAIN L VAILABLE A R .—Not later than one year after the date of the enact- EGULATIONS ment 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 deter- mination 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) R C ERTAIN C EVIEW OF C LAUSE R EQUIREMENTS ONTRACT A PPLICABLE TO C OMMERCIAL P RODUCTS AND C OMMERCIAL S ERVICES ONTRACTS .—Not later than one year after the date of the enact- C ment of this Act, the Federal Acquisition Regulatory Council shall—

242 H. R. 5515—242 (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 ERTAIN (c) E ONTRACT C LAUSE R EGULATIONS LIMINATION OF C PPLICABLE TO A OMMERCIALLY A VAILABLE O FF - THE - SHELF I TEM C S UBCONTRACTS .—Not later than one 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 avail- able 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. (d) R EPORT TO C ONGRESS .— EQUIREMENT .—Not later than one year after the date (1) R of the enactment of this Act, the Federal Acquisition Regulatory Council shall submit to the committees listed in paragraph (2) a report on the results of the reviews under this section. (2) C OMMITTEES LISTED .—The committees listed in this paragraph are the following: (A) The Committee on Armed Services and the Com- mittee on Homeland Security and Governmental Affairs of the Senate. (B) The Committee on Armed Services and the Com- mittee on Oversight and Government Reform of the House of Representatives. Subtitle E—Industrial Base Matters SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS FOR NAVAL VESSELS. (a) R R EQUIRED .—Not later than March 1, 2019, the EPORT Secretary of the Navy shall submit to the congressional defense committees a report that provides, for the components described in subsection (b), a market survey, a cost assessment, national security considerations, and a recommendation regarding whether competition for the procurement of the components should be lim- ited to sources in the national technology and industrial base (as defined in section 2500 of title 10, United States Code). (b) C OMPONENTS .—The components described in this subsection are the following: (1) Naval vessel components listed in section 2534(a)(3) of title 10, United States Code.

243 H. R. 5515—243 (2) The following components for auxiliary ships: (A) Auxiliary equipment, including pumps. (B) Propulsion system components, including engines, reduction gears, and propellers. (C) Shipboard cranes. (D) Spreaders for shipboard cranes. SEC. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION REQUIREMENTS FOR CERTAIN ENTITIES. G ENERAL (a) I N .—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. CCELERATION A .—Notwithstanding the effective UTHORIZED (b) A 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. EFINITIONS .—In this section: (c) D (1) C OVERED 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 Secu- rity Program. ROSCRIBED .—The term ‘‘proscribed INFORMATION (2) P 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 informa- tion. SEC. 843. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES TO DETERMINE THE AUTHENTICITY AND SECURITY OF MICROELECTRONIC PARTS IN WEAPON SYSTEMS. (a) P ILOT P ROGRAM A UTHORIZED .—The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish a pilot program

244 H. R. 5515—244 to test the feasibility and reliability of using machine-vision tech- nologies to determine the authenticity and security of microelec- tronic parts in weapon systems. P ILOT P ROGRAM .—The Undersecretary of (b) O BJECTIVES 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 tech- nologies 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) C .—To develop the pilot program under this ONSULTATION 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 elec- tronics. (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 URATION .—The pilot program estab- OMMENCEMENT AND (d) C lished 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. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION PROCESS. (a) I G ENERAL .—Section 2534 of title 10, United States Code, N is amended by adding at the end the following new subsections: ‘‘(k) L IMITATION ON C ERTAIN P ROCUREMENTS A PPLICATION P .— ROCESS ‘‘(1) I N GENERAL .—The Secretary of Defense shall admin- ister a process to analyze and assess potential items for consid- eration to be required to be procured from a manufacturer that is part of the national technology and industrial base. ‘‘(2) E LEMENTS .—The application process required under paragraph (1) shall include the following elements: ‘‘(A) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the limitation on certain procurements application process and associated policy.

245 H. R. 5515—245 ‘‘(B) A person or organization that meets the definition of national technology and industrial base under section 2500(1) of this title shall have the opportunity to apply for status as an item required to be procured from a manu- facturer that is part of the national technology and indus- trial base. The application shall include, at a minimum, the following information: ‘‘(i) Information demonstrating the applicant meets the criteria of a manufacturer in the national tech- nology and industrial base under section 2500(1) of this title. ‘‘(ii) For each item the applicant seeks to be required to be procured from a manufacturer that is part of the national technology and industrial base, the applicant shall include the following information: ‘‘(I) The extent to which such item has commercial applications. ‘‘(II) The number of such items to be procured by current programs of record. ‘‘(III) The criticality of such item to a military unit’s mission accomplishment. ‘‘(IV) The estimated cost and other consider- ations of reconstituting the manufacturing capa- bility of such item, if not maintained in the national technology and industrial base. ‘‘(V) National security regulations or restric- tions imposed on such item that may not be imposed on a non-national technology and indus- trial base competitor. ‘‘(VI) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non- national technology and industrial base competitor. ‘‘(VII) The extent to which such item is fielded in current programs of record. ‘‘(VIII) The extent to which cost and pricing data for such item has been deemed fair and reasonable. ONSIDERATION OF APPLICATIONS .— ‘‘(3) C ESPONSIBILITY OF DESIGNATED OFFICIAL .—The ‘‘(A) R official designated pursuant to paragraph (2)(A) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application. ‘‘(B) R EVIEW .—Not later than 120 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to paragraph (2)(A). ‘‘(C) E LEMENTS OF DETERMINATION .—The determina- tion required under subparagraph (B) shall, for each item proposed pursuant to paragraph (2)(B)(ii)— ‘‘(i) recommend inclusion under this section; ‘‘(ii) recommend inclusion under this section with further modifications; or ‘‘(iii) not recommend inclusion under this section.

246 H. R. 5515—246 ‘‘(D) J .—The determination required USTIFICATION under subparagraph (B) shall also include the rationale and justification for the determination. .—For applica- ‘‘(4) R ECOMMENDATIONS FOR LEGISLATION tions recommended under subsection (3), the official designated pursuant to paragraph (2)(A) shall be responsible for preparing a legislative proposal for consideration by the Secretary.’’. D ATE .—This section and the amendments made FFECTIVE (b) E by this section shall take effect one year after the date of the enactment of this Act. SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE. (a) I N G ENERAL .—Not later than January 31, 2019, the Sec- retary of Defense, in consultation with the Executive Agent for Printed Circuit Board and Interconnect Technology and the Director of the Office of Management and Budget, shall submit to Congress a report examining the health of the defense electronics industrial base, including analog and passive electronic parts, substrates, printed boards, assemblies, connectors, cabling, and related areas, both domestically and within the national technology and industrial base. (b) E LEMENTS .—The report required under subsection (a) shall include the following elements: (1) An examination of current and planned partnerships with the commercial industry. (2) Analysis of the current and future defense electronics industrial base. (3) Threat assessment related to system security. (4) An assessment of the health of the engineering and production workforce. (5) A description of the electronics supply chain require- ments of defense systems integral to meeting the goals of the 2018 National Defense Strategy. (6) Recommended actions to address areas deemed deficient or vulnerable, and a plan to formalize long-term resourcing for the Executive Agent. (7) Any other areas matters determined relevant by the Secretary. SEC. 846. SUPPORT FOR DEFENSE MANUFACTURING COMMUNITIES TO SUPPORT THE DEFENSE INDUSTRIAL BASE. (a) P ROGRAM A UTHORIZED .— N GENERAL .—The Secretary of Defense may, in (1) I coordination with the Secretary of Commerce and working in coordination with the defense manufacturing institutes, estab- lish within the Department of Defense a program to make long-term investments in critical skills, facilities, research and development, and small business support in order to strengthen the national security innovation base by designating and sup- porting consortiums as defense manufacturing communities. (2) D ESIGNATION .—The program authorized by this section shall be known as the ‘‘Defense Manufacturing Community Support Program’’ (in this section referred to as the ‘‘Program’’). ESIGNATION OF D EFENSE M ANUFACTURING C OMMUNITIES (b) D C OMPLEMENTARY TO D EFENSE M ANUFACTURING I NSTITUTES .— (1) I N GENERAL .—The Secretary of Defense may designate eligible consortiums as defense manufacturing communities

247 H. R. 5515—247 through a competitive process, and in coordination with the defense manufacturing institutes. (2) E LIGIBLE CONSORTIUMS .—The Secretary may establish eligibility criteria for a consortium to participate in the Pro- gram. In developing such criteria, the Secretary may consider the merits of— (A) including members from academia, defense industry, commercial industry, and State and local govern- ment organizations; (B) supporting efforts in geographical regions that have capabilities in key technologies or industrial base supply chains that are determined critical to national security; (C) optimal consortium composition and size to promote effectiveness, collaboration, and efficiency; and (D) complementarity with defense manufacturing institutes. URATION (3) D .—Each designation under paragraph (1) shall be for a period of five years. (4) R .— ENEWAL N GENERAL .—The Secretary may renew a designa- (A) I tion made under paragraph (1) for up to two additional two-year periods. Any designation as a defense manufac- turing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph. (B) E VALUATION FOR RENEWAL .—The Secretary shall establish criteria for the renewal of a consortium. In estab- lishing such criteria, the Secretary may consider— (i) the performance of the consortium in meeting the established goals of the Program; (ii) the progress the consortium has made with respect to project-specific metrics, particularly with respect to those metrics that were designed to help communities track their own progress; (iii) whether any changes to the composition of the eligible consortium or revisions of the plan for the consortium would improve the capabilities of the defense industrial base; (iv) the effectiveness of coordination with defense manufacturing institutes; and (v) such other criteria as the Secretary considers appropriate. PPLICATION FOR DESIGNATION .—An eligible consortium (5) A seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. In developing such procedures, the Secretary may consider the inclusion of— (A) a description of the regional boundaries of the consortium, and the defense manufacturing capacity of the region; (B) an evidence-based plan for enhancing the defense industrial base through the efforts of the consortium; (C) the investments the consortium proposes and the strategy of the consortium to address gaps in the defense industrial base; (D) a description of the outcome-based metrics, bench- marks, and milestones that will track and the evaluation

248 H. R. 5515—248 methods that will be used to gauge performance of the consortium; (E) how the initiatives will complement defense manu- facturing institutes; and (F) such other matters as the Secretary considers appropriate. (c) F T ECHNICAL A SSISTANCE .— INANCIAL AND (1) I .—Under the Program, the Secretary of N GENERAL Defense may award financial or technical assistance to a member of a consortium designated as a defense manufacturing community under the Program as appropriate for purposes of the Program. (2) U SE OF FUNDS .—A recipient of financial or technical assistance under the Program may use such financial or tech- nical assistance to support an investment that will improve the defense industrial base. NVESTMENTS SUPPORTED .—Investments supported (3) I under this subsection may include activities not already pro- vided for by defense manufacturing institutes on— (A) equipment or facility upgrades; (B) workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities; (C) business incubators; (D) advanced research and commercialization, including with Federal laboratories and depots; (E) supply chain development; and (F) small business assistance. (d) R ECEIPT OF T RANSFERRED F UNDS .—The Secretary of Defense may accept amounts transferred to the Secretary from the head of another agency or a State or local governmental organization to carry out this section. SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR T–AO–205 PROGRAM. Effective during fiscal year 2019, the Secretary of Defense may procure the following items for the T–AO–205 program only if the manufacturer of the item is in the United States: (1) Auxiliary equipment, including pumps, for all shipboard services. (2) Propulsion system components, including engines, reduction gears, and propellers. (3) Shipboard cranes. (4) Spreaders for shipboard cranes. Subtitle F—Small Business Matters SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY. (a) I N G ENERAL .—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) I N G ENERAL .—The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section. ‘‘(b) U NIFIED M ANAGEMENT S TRUCTURE .—As part of the small business strategy described in subsection (a), the Secretary shall

249 H. R. 5515—249 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 con- cerns (as defined in section 3 of the Small Business Act); ‘‘(2) manufacturing and industrial base policy; and ‘‘(3) any procurement technical assistance program estab- lished under chapter 142 of this title. ‘‘(c) P MALL B USINESS P URPOSE OF .—The Secretary S ROGRAMS 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 state- ments 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) P OINTS OF NTRY I NTO D EFENSE M ARKET .—The Secretary E shall ensure— ‘‘(1) that opportunities for small business concerns to con- tract 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. NHANCED O UTREACH U NDER P ROCUREMENT T ECHNICAL ‘‘(e) E A P M ARKET .—The Secretary shall enable and ROGRAM SSISTANCE 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 busi- ness contracting with the Department of Defense.’’. MPLEMENTATION .— (b) I (1) D EADLINE .—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. OTICE TO CONGRESS AND PUBLICATION .—Upon comple- (2) N tion 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) C LERICAL MENDMENT .—The table of sections at the begin- A ning 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 subpara- graphs (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 Secretary of Defense shall, to the fullest extent permitted by law, establish

250 H. R. 5515—250 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 Secretary of Defense 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 consid- eration from or fees charged to the subcontractor.’’. SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS ADMINISTRATION MICROLOAN PROGRAM. (a) D EFINITIONS .—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)). (2) The term ‘‘microloan program’’ means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)). ICROLOAN I NTERMEDIARY L ENDING (b) M IMIT I NCREASED .—Sec- L tion 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) SBA S TUDY OF M ICROENTERPRISE P ARTICIPATION .—Not later than one year after the date of the enactment of this section, the Administrator of the Small Business Administration shall con- duct 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 partici- pation in the microloan program by eligible intermediaries described in paragraph (1)(B); and (4) recommendations on how to decrease the costs associ- ated with participation in the microloan program for eligible intermediaries. .— TUDY ON M ICROLOAN I NTERMEDIARY P RACTICES (d) GAO S Not later than one year after the date of the 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 Busi- ness Administration, including oversight of intermediaries participating in the microloan program; and

251 H. R. 5515—251 (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. P ILOT P (a) E .—Section 9 of the Small XTENSION OF ROGRAMS Business Act (15 U.S.C. 638) is amended— (1) in subsection (cc), by striking ‘‘2017’’ and inserting ‘‘2022’’; (2) in subsection (gg)(7), by striking ‘‘2017’’ and inserting ‘‘2022’’; (3) in subsection (jj)— (A) in paragraph (4)(A), by striking ‘‘3’’ and inserting ‘‘4’’; and (B) in paragraph (7), by striking ‘‘2017’’ and inserting ‘‘2022’’; (4) in subsection (mm)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking ‘‘2017’’ and inserting ‘‘2022’’; (ii) in subparagraph (I), by striking ‘‘and’’ at the end; (iii) in subparagraph (J), by striking the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(K) funding for improvements that increase com- monality across data systems, reduce redundancy, and improve data oversight and accuracy.’’; and (5) by adding at the end the following: UTSTANDING R EPORTS AND E VALUATIONS .— ‘‘(tt) O ‘‘(1) I N GENERAL .—Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representa- tives— ‘‘(A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and ‘‘(B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Edu- cation under subsection (cc). ‘‘(2) I NFORMATION REQUIRED .—Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of para- graph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the respon- sibilities of the Administrator under that paragraph.’’. .—Section 9 of the CCELERATING SBIR AND STTR A WARDS (b) A Small Business Act (15 U.S.C. 638) is amended— (1) in subsection (hh)—

252 H. R. 5515—252 (A) by striking ‘‘Federal agencies’’ and inserting the following: ‘‘(1) I N GENERAL .—Federal agencies’’; (B) in paragraph (1), as so designated, by striking ‘‘attempt to’’; and (C) by adding at the end the following: ILOT PROGRAM TO ACCELERATE DEPARTMENT OF ‘‘(2) P DEFENSE SBIR AND STTR AWARDS .— .—Not later than 1 year after the N GENERAL ‘‘(A) I date of enactment of this paragraph, the Under Secretary of Defense for Research and Engineering, acting through the Director of Defense Procurement and Acquisition Policy of the Department of Defense, shall establish a pilot pro- gram to reduce the time for awards under the SBIR and STTR programs of the Department of Defense, under which the Department of Defense shall— ‘‘(i) develop simplified and standardized procedures and model contracts throughout the Department of Defense for Phase I, Phase II, and Phase III SBIR awards; ‘‘(ii) for Phase I SBIR and STTR awards, reduce the amount of time between solicitation closure and award; ‘‘(iii) for Phase II SBIR and STTR awards, reduce the amount of time between the end of a Phase I award and the start of the Phase II award; ‘‘(iv) for Phase II SBIR and STTR awards that skip Phase I, reduce the amount of time between solici- tation closure and award; ‘‘(v) for sequential Phase II SBIR and STTR awards, reduce the amount of time between Phase II awards; and ‘‘(vi) reduce the award times described in clauses (ii), (iii), (iv), and (v) to be as close to 90 days as possible. ONSULTATION .—In carrying out the pilot program ‘‘(B) C under subparagraph (A), the Director of Defense Procure- ment and Acquisition Policy of the Department of Defense shall consult with the Director of the Office of Small Busi- ness Programs of the Department of Defense. ‘‘(C) T ERMINATION .—The pilot program under subpara- graph (A) shall terminate on September 30, 2022.’’; and (2) in subsection (ii)— (A) by striking ‘‘Federal agencies’’ and inserting the following: ‘‘(1) I N GENERAL .—Federal agencies’’; and (B) by adding at the end the following: ‘‘(2) C OMPTROLLER GENERAL REPORTS .—The Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Armed Services of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Armed Services of the House of Representa- tives— ‘‘(A) not later than 1 year after the date of enactment of this paragraph, and every year thereafter for 3 years, a report that—

253 H. R. 5515—253 ‘‘(i) provides the average and median amount of time that each component of the Department of Defense with an SBIR or STTR program takes to review and make a final decision on proposals sub- mitted under the program; and ‘‘(ii) compares that average and median amount of time with that of other Federal agencies partici- pating in the SBIR or STTR program; and ‘‘(B) not later than December 5, 2021, a report that— ‘‘(i) includes the information described in subpara- graph (A); ‘‘(ii) assesses where each Federal agency partici- pating in the SBIR or STTR program needs improve- ment with respect to the proposal review and award times under the program; ‘‘(iii) identifies best practices for shortening the proposal review and award times under the SBIR and STTR programs, including the pros and cons of using contracts compared to grants; and ‘‘(iv) analyzes the efficacy of the pilot program established under subsection (hh)(2).’’. SSISTANCE T ECHNICAL AND B USINESS A MPROVEMENTS TO .— (c) I N GENERAL .—Section 9(q) of the Small Business Act (1) I (15 U.S.C. 638(q)) is amended— (A) in the subsection heading, by inserting ‘‘ AND B USI - NESS ’’ after ‘‘T ’’; ECHNICAL (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘a vendor selected under para- graph (2)’’ and inserting ‘‘1 or more vendors selected under paragraph (2)(A)’’; (II) by inserting ‘‘and business’’ before ‘‘assist- ance 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 (ii) in subparagraph (D), by inserting ‘‘, including intellectual property protections’’ before the period at the end; (C) in paragraph (2)— (i) in the first sentence, by striking ‘‘Each agency may select a vendor to assist small business concerns to meet’’ and inserting the following: N GENERAL .—Each agency may select 1 or more ‘‘(A) I vendors from which small business concerns may obtain assistance in meeting’’; and (ii) by adding at the end the following: ELECTION BY SMALL BUSINESS CONCERN .—A small ‘‘(B) S 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 (D) in paragraph (3)— (i) by inserting ‘‘(A)’’ after ‘‘paragraph (2)’’ each place that term appears;

254 H. R. 5515—254 (ii) in subparagraph (A), by striking ‘‘$5,000 per year’’ each place that term appears and inserting ‘‘$6,500 per year’’; (iii) in subparagraph (B)— (I) by striking ‘‘$5,000 per year’’ each place that term 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 appro- priate by the head of the Federal agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award’’; (iv) 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: ‘‘Busi- ness-related services aimed at improving the commercialization success of a small business con- cern 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 commercializa- tion of technologies or assists in the creation and growth of private enterprises that are commer- cializing technology.’’; (v) in subparagraph (D)— (I) by inserting ‘‘or business’’ after ‘‘technical’’ each place that term appears; and (II) in clause (i), by striking ‘‘the vendor’’ and inserting ‘‘1 or more vendors’’; and (vi) by adding at the end the following: ‘‘(E) M ULTIPLE AWARD RECIPIENTS .—The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or pur- chased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.’’; and (E) by adding at the end the following: NNUAL REPORTING .— ‘‘(4) A N GENERAL .—A small business concern that ‘‘(A) I receives technical or business assistance from a vendor under this subsection during a fiscal year shall submit to the Federal agency contracting with the vendor a descrip- tion of the technical or business assistance provided and the benefits and results of the technical or business assist- ance provided. ‘‘(B) U SE OF EXISTING REPORTING MECHANISM .—The information required under subparagraph (A) shall be col- lected by a Federal agency as part of a report required to be submitted by small business concerns engaged in SBIR or STTR projects of the Federal agency for which the requirement was in effect on the date of enactment of this paragraph.’’. (2) R EVIEW .—Not later than the end of fiscal year 2019, the Administrator of the Small Business Administration shall—

255 H. R. 5515—255 (A) conduct a survey of vendors providing technical or business assistance under section 9(q) of the Small Busi- ness Act (15 U.S.C. 638(q)), as amended by paragraph (1), and small business concerns receiving the technical or business assistance; and (B) 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 reviewing the efficacy of the provision of the technical or business assistance. 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: OLICITATION N OTICE R EGARDING A DMINISTRATION OF ‘‘(w) S HANGE RDERS FOR C ONSTRUCTION .— C O N GENERAL .—With respect to any solicitation for the ‘‘(1) I 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 Acquisi- tion 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 accord- ance with paragraph (2). EQUIREMENTS FOR AGENCIES .—An agency shall pro- ‘‘(2) R vide the past performance information described under para- graph (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 enact- ment of this subsection, for the 1-year period preceding the issuance of the notice; ‘‘(ii) beginning 2 years after the date of the enact- ment of this subsection, for the 2-year period preceding the issuance of the notice; and ‘‘(iii) beginning 3 years after the date of the enact- ment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice. ‘‘(3) F ORMAT OF PAST PERFORMANCE INFORMATION .—In the notice required under paragraph (1), the agency shall ensure that the past performance information described under para- graph (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.

256 H. R. 5515—256 ‘‘(D) Not more than 180 days after receipt of a request for an equitable adjustment. ‘‘(E) Not more than 365 days after receipt of a request for an equitable adjustment. ‘‘(F) More than 365 days after receipt of a request for an equitable adjustment. ‘‘(G) 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. COMPTROLLER GENERAL STUDY OF IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES. R EQUIRED .—Subject to appropriations, the Comp- (a) S TUDY troller General of the United States shall conduct a study evaluating the impact of broadband speed and price on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)). (b) R EPORT .—Not later than three years after the date of the enactment of this Act, the Comptroller General 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 subsection (a), including— (1) a survey of broadband speeds available to small business concerns; (2) a survey of the cost of broadband speeds available to small business concerns; (3) a survey of the type of broadband technology used by small business concerns; and (4) 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. SEC. 857. CONSOLIDATED BUDGET DISPLAY FOR THE DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. UDGET D ISPLAY S (a) B .—The Secretary of Defense, UBMISSION 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 display for the funds assessed for the Small Business Innovation Research Program or the 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) B UDGET D ISPLAY R EQUIREMENTS .—The budget display under subsection (a) shall include— (1) for funds assessed, the amount obligated and expended, by appropriation and functional area, for the Small Business Innovation Research Program or the Small Business Technology Transfer Program; (2) information, by military department and other awarding organizations, on Phase I, II, and III awards;

257 H. R. 5515—257 (3) to the extent practicable, specific processes, products, technologies, or services that were transitioned to acquisition programs of record, or other follow-on contracts; and (4) an estimate of the Small Business Innovation Research Program and the Small Business Technology Transfer Program funding to be assessed during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code). (c) F S UBMISSION IRST .—The first budget display under sub- section (a) shall be included with the budget for the President for fiscal year 2020. C OMMITTEES .—The budget display under (d) C ONGRESSIONAL subsection (a) shall be submitted to the congressional defense committees, with copies provided to the Committee on Small Busi- ness and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. (e) T ERMINATION .—The requirements of this section shall termi- nate on December 31, 2022. (f) R ULE OF .—Nothing in this section shall be C ONSTRUCTION construed to modify or otherwise affect the requirement to expend amounts for the Small Business Innovation Research Program and the Small Business Technology Transfer Program of the Department of Defense under subsections (f) and (n) of section 9 of the Small Business Act (15 U.S.C. 638). SEC. 858. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE PRO- GRAM. MOUNT OF A SSISTANCE F ROM S ECRETARY .—Section 2413(b) (a) A 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) F UNDING FOR E LIGIBLE E NTITIES .—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. 859. AUTHORIZATION FOR PAYMENT OF CERTAIN COSTS RELATING TO PROCUREMENT TECHNICAL ASSISTANCE CENTERS. (a) A UTHORIZATION TO P AY C OSTS R ELATING TO M EETINGS OF E E NTITIES .—Section 2417 of title 10, United States Code, LIGIBLE is amended— (1) in the heading, by inserting ‘‘ and other ’’ after ‘‘ Administrative ’’; (2) by striking ‘‘chapter, an amount’’ and inserting ‘‘chapter— ‘‘(1) an amount’’; (3) by striking the period at the end and inserting ‘‘; and’’; and

258 H. R. 5515—258 (4) by adding at the end the following new paragraph: ‘‘(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities — ‘‘(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and ‘‘(B) for membership dues for any association of such centers created by eligible entities, training fees and associ- ated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.’’. .—Not later than six months after the date of RIEFING (b) B the enactment of this Act, the Director of the Defense Logistics Agency shall brief the congressional defense committees on the recognition or lack of recognition by the Department of Defense of procurement technical assistance center associations and the rationale for the recognition or lack of recognition, including a discussion of whether the Department needs authority to recognize such associations. SEC. 860. 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: OMMERCIALIZATION A SSISTANCE P .— P ROGRAMS ILOT ‘‘(uu) C ‘‘(1) P ILOT PROGRAMS IMPLEMENTED .— .—Except as provided in subparagraph N GENERAL ‘‘(A) I (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. XCEPTION .—If the Administrator determines that ‘‘(B) E a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program estab- lished under this subsection, such covered agency shall not be required to implement a commercialization assist- ance pilot program under this subsection. ERCENT OF AGENCY FUNDS .—The head of each covered ‘‘(2) P 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) T .—A commercialization assistance pilot ERMINATION program established under this subsection shall terminate on September 30, 2022. ‘‘(4) A PPLICATION .—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). ATCHING FUNDING .— ‘‘(5) M

259 H. R. 5515—259 ‘‘(A) I .—The Administrator shall require, N GENERAL 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. NELIGIBLE SOURCES .—An eligible entity may not ‘‘(B) I use funding from ineligible sources to meet the matching requirement of subparagraph (A). WARD .—A subsequent Phase II SBIR award made ‘‘(6) A 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) U .—The funds awarded to an eligible SE OF FUNDS 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. ELECTION .—In selecting eligible entities to participate ‘‘(8) S 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 fur- ther improve the likelihood that such research will provide societal benefits; ‘‘(D) whether the small business concern has pro- gressed 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. VALUATION REPORT .—Not later than 6 years after ‘‘(9) E 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;

260 H. R. 5515—260 ‘‘(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 commer- cialization assistance pilot program; ‘‘(E) a comparison of commercialization success of eligible entities participating in a commercialization assist- ance 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 commer- cialization assistance pilot program implemented by each covered agency; and ‘‘(J) recommendations for improvements to the commer- cialization assistance pilot program. ‘‘(10) D EFINITIONS .—For purposes of this subsection: ‘‘(A) C .—The term ‘covered agency’ OVERED AGENCY means a Federal agency required to have an SBIR program. ‘‘(B) E LIGIBLE 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) E THIRD - PARTY INVESTOR LIGIBLE .—The term ‘eligible third-party investor’ means a small business con- cern 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) I NELIGIBLE 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) S UBSEQUENT PHASE II SBIR AWARD .—The term ‘sub- sequent 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.’’.

261 H. R. 5515—261 SEC. 861. PUERTO RICO BUSINESSES. EFINITION OF (a) D R ICO B USINESS .—Section 3 of the P UERTO Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: ‘‘(ee) P ICO B UERTO .—In this Act, the term ‘Puerto R USINESS Rico business’ means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.’’. MALL B USINESS C REDIT FOR P UERTO R ICO B USINESSES .— (b) S Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: MALL B USINESS C REDIT FOR P UERTO R ICO B USINESSES .— ‘‘(x) S ‘‘(1) C .—If an REDIT FOR MEETING CONTRACTING GOALS 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 pur- poses of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period. EPORT .—Along with the report required under sub- ‘‘(2) R section (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the score- card 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) P URPLUS P RIORITY FOR T RANSFERS .—Section S ROPERTY 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 estab- lished under section 101 of the Puerto Rico Oversight, Manage- ment, 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.’’. ONTRACTING I NCENTIVES FOR P ROTEGE F IRMS T HAT A RE (d) C .— R ICO B USINESSES UERTO P (1) I N GENERAL .—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the fol- lowing new paragraph: ‘‘(3) P UERTO RICO BUSINESSES .—During the period begin- ning 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; and ‘‘(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan

262 H. R. 5515—262 (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor.’’. (2) D EFINITIONS .—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the fol- lowing new paragraphs: ‘‘(4) C .—The term ‘covered mentor’ means OVERED MENTOR 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. OVERED PROTEGE .—The term ‘covered protege’ means ‘‘(5) C a protege of a covered mentor that is a Puerto Rico business.’’. DDITIONAL M ENTOR -P ROTEGE R (e) A P ROTEGE ELATIONSHIPS FOR F T HAT A RE P UERTO R IRMS B USINESSES .—Section 45(b)(3)(A) ICO 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 partici- pant’’. SEC. 862. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CON- CERNS THROUGH SMALL BUSINESS ADMINISTRATION LOAN PROGRAMS. EFINITIONS (a) D .—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 deter- mined 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). .— XPANSION OF 7( A ) L OANS (b) E N GENERAL .—Section 7(a) of the Small Business Act (1) I (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 ‘‘pur- chasing’’; (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

263 H. R. 5515—263 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 appro- priate, 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: OANS TO COOPERATIVES .— ‘‘(35) L ‘‘(A) D EFINITION .—In this paragraph, the term ‘coopera- tive’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation. ‘‘(B) A .—The Administration shall guarantee UTHORITY loans made to a cooperative for the purpose described in paragraph (15).’’. (2) D .— ELEGATION 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 participa- tion loans’’. (c) S MALL B USINESS I NVESTMENT C OMPANY P ROGRAM O UT - REACH .—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) S MALL B USINESS M ICROLOAN P ROGRAM O UTREACH .—The Administrator shall provide outreach and educational materials

264 H. R. 5515—264 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) S UTREACH AND D EVELOPMENT C B O USINESS MALL ENTER SSISTANCE .— A STABLISHMENT (1) E .—The Administrator shall establish a Small Business Employee Ownership and Cooperatives Pro- motion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts. MALL BUSINESS DEVELOPMENT CENTERS .— (2) S N GENERAL .—In carrying out the program estab- (A) I lished 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 subpara- graph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)). .—Section 21(c)(3) of the DDITIONAL SERVICES (B) A 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 busi- ness 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 cen- ters of the Department of Agriculture, the land grant exten- sion network, the Manufacturing Extension Partnership, community development financial institutions, employee

265 H. R. 5515—265 ownership associations and service providers, and local, regional and national cooperative associations.’’. (f) A EPORT TO C ONGRESS ON S TATUS OF MENDMENT TO R MPLOYEE WNED F IRMS .—Section 7(a)(15)(E) of the Small Busi- E -O ness Act (15 U.S.C. 636(a)(15)(E)) is amended by striking ‘‘Adminis- tration.’’ 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 con- trolled 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 con- trolled by socially and economically disadvantaged individuals; and ‘‘(II) to cooperatives; and ‘‘(iii) any outreach and educational activities con- ducted by the Administration with respect to employee- owned business concerns.’’. .— EPORT ON C OOPERATIVE L ENDING (g) R (1) S .—It is the sense of Congress that ENSE OF CONGRESS 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. TUDY AND REPORT .— (2) S TUDY (A) S .—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) R EPORT .—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under para- graph (1) and a plan to implement such recommendations. (h) A MENDMENT TO D EFINITION OF Q UALIFIED E MPLOYEE T RUST .—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’’.

266 H. R. 5515—266 Subtitle G—Provisions Related to Software and Technical Data Matters SEC. 865. VALIDATION OF PROPRIETARY AND TECHNICAL DATA. Section 2321(f) of title 10, United States Code, is amended— (1) by striking ‘‘(1) Except as provided in paragraph (2), in’’ and inserting ‘‘In’’; and (2) by striking paragraph (2). SEC. 866. CONTINUATION OF TECHNICAL DATA RIGHTS DURING CHAL- LENGES. R IGHTS IN T ECHNICAL (a) E ATA B EFORE F INAL XERCISE OF D D C HALLENGE ISPOSITION OF A .—Section 2321(i) of title 10, United States Code, is amended— RIOR TO AND ’’ (1) in the subsection heading, by inserting ‘‘P L IABILITY after ‘‘R IGHTS AND ’’; (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting before paragraph (2), as so redesignated, the following new paragraph: ‘‘(1) Upon filing of a suit or appeal under the contract dispute statute by a contractor or subcontractor in an agency Board of Contract Appeals or United States Claims Court related to a deci- sion made by a contracting officer under subsection (g), the Sec- retary of Defense, or a Secretary of a military department for programs for which milestone decision authority has been delegated, on a nondelegable basis, may, following notice to the contractor or subcontractor, authorize use of the technical data in dispute if the Secretary determines in writing that compelling mission readiness requirements will not permit awaiting the final decision by the agency Board of Contract Appeals or the United States Claims Court.’’. (b) R D EFENSE F EDERAL A CQUISITION R EGULA - EVISION OF THE TION S .—Not later than 180 days after the date of the UPPLEMENT enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement, by interim or final rule, to implement the amendments made by subsection (a). FFECTIVE D ATE .—The amendments made by subsection (c) E (a) and the revision required by subsection (b) shall become effective on the date of publication of the interim or final rule (whichever is earlier) required by subsection (b) and shall apply to solicitations issued by Department of Defense contracting activities after that date unless the senior procurement executive of the agency con- cerned grants a waiver on a case-by-case basis. (d) G UIDANCE ON T ECHNICAL D ATA R IGHT N EGOTIATION .—The Secretary of Defense shall develop policies on the negotiation of technical data rights for noncommercial software that reflects the Department of Defense’s needs for technical data rights in the event of a protest or replacement of incumbent contractor to meet defense requirements in the most cost effective manner. SEC. 867. REQUIREMENT FOR NEGOTIATION OF TECHNICAL DATA PRICE BEFORE SUSTAINMENT OF MAJOR WEAPON SYS- TEMS. Section 2439 of title 10, United States Code, is amended—

267 H. R. 5515—267 (1) by inserting ‘‘, to the maximum extent practicable,’’ after ‘‘shall ensure’’; (2) by striking ‘‘or for the production of a major weapon system’’ and inserting ‘‘production of a major weapon system, or sustainment of a major weapon system’’; (3) by striking ‘‘or production’’ and inserting ‘‘, production, or sustainment’’; and or production ’’ and (4) in the heading, by striking ‘‘ inserting ‘‘ , production, or sustainment ’’. SEC. 868. IMPLEMENTATION OF RECOMMENDATIONS OF THE FINAL REPORT OF THE DEFENSE SCIENCE BOARD TASK FORCE ON THE DESIGN AND ACQUISITION OF SOFTWARE FOR DEFENSE SYSTEMS. MPLEMENTATION R (a) I .—Not later than 18 months EQUIRED after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems. (b) E XCEPTIONS .— (1) D .—The Secretary of Defense ELAYED IMPLEMENTATION may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation. (2) N ONIMPLEMENTATION .—The Secretary of Defense may opt not to implement a recommendation described under sub- section (a) if the Secretary provides to the congressional defense committees— (A) the reasons for the decision not to implement the recommendation; and (B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the rec- ommendation. MPLEMENTATION P .—For each recommendation that LANS (c) I the Secretary is implementing, or that the Secretary plans to imple- ment, the Secretary shall submit to the congressional defense committees— (1) a summary of actions that have been taken to imple- ment the recommendation; and (2) a schedule, with specific milestones, for completing the implementation of the recommendation. SEC. 869. IMPLEMENTATION OF PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT METHODS REQUIRED UNDER SECTION 873 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018. (a) I N G ENERAL .—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall include the following systems in the pilot program to use agile or iterative development methods pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 91; 10 U.S.C. 2223a note): (1) Defense Retired and Annuitant Pay System 2 (DRAS2), Defense Logistics Agency.

268 H. R. 5515—268 (2) Army Integrated Air and Missile Defense (AIAMD), Army. (3) Army Contract Writing System (ACWS), Army. (4) Defense Enterprise Accounting and Management System (DEAMS) Inc2, Air Force. (5) Item Master, Air Force. L IST .—Not later than 30 days after the date DDITIONS TO (b) A of the enactment of this Act, the Secretary of Defense shall identify three additional systems for participation in the pilot program pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) and notify the congressional defense committees of the addi- tions. (c) C P RACTICE A OMMUNITY OF A GILE OR I TERATIVE DVISING ON D .—The Under Secretary of Defense for Acquisition EVELOPMENT and Sustainment shall establish a Community of Practice on agile or iterative methods so that programs that have been incorporating agile or iterative methods can share with programs participating in the pilot the lessons learned, best practices, and recommenda- tions for improvements to acquisition and supporting processes. The Service Acquisition Executives of the military departments shall send representation from the following programs, which have reported using agile or iterative methods: (1) Air and Space Operations Center (AOC). (2) Command Control Battle Management and Communica- tions (C2BMC). (3) The family of Distributed Common Ground Systems. (4) The family of Global Command and Control Systems. (5) Navy Personnel and Pay (NP2). (6) Other programs and activities as appropriate. EPORT .—Not later than 180 days after the date of the (d) R enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on the status of the pilot program and each system participating in the pilot. The report shall include the following elements: (1) A description of how cost and schedule estimates in support of the program are being conducted and using what methods. (2) The contracting strategy and types of contracts that will be used in executing the program. (3) A description of how intellectual property ownership issues associated with software applications developed with agile or iterative methods will be addressed to ensure future sustainment, maintenance, and upgrades to software applica- tions after the applications are fielded. (4) A description of the tools and software applications that are expected to be developed for the program and the costs and cost categories associated with each. (5) A description of challenges the program has faced in realigning the program to use agile or iterative methods. (e) M ODIFICATIONS TO P ILOT P ROGRAM S ELECTION C RITERIA .— Section 873(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) is amended— (1) by inserting ‘‘or subsystems’’ after ‘‘In selecting sys- tems’’;

269 H. R. 5515—269 (2) in clause (i)(II), by striking ‘‘; and’’ and inserting ‘‘; or’’; and (3) in clause (ii)(II), by striking ‘‘; and’’ and inserting ‘‘; or’’. SEC. 870. REPORT ON REQUIRING ACCESS TO DIGITAL TECHNICAL DATA IN FUTURE ACQUISITIONS OF COMBAT, COMBAT SERVICE, AND COMBAT SUPPORT SYSTEMS. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of requiring access to digital technical data in all future acquisitions by the Department of Defense of combat, combat service, and com- bat support systems, including front-end negotiations for such access. Such report shall include a digital data standard for tech- nical data for use by equipment manufacturers and the Department with regard to three-dimensional printed parts. Subtitle H—Other Matters SEC. 871. PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS FROM NON-ALLIED FOREIGN NATIONS. N G ENERAL (a) I .—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) I N G ENERAL .—Except as provided in subsection (c), the Secretary of Defense may not— ‘‘(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as pro- vided by subsection (c); or ‘‘(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager deter- mines 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) A PPLICABILITY .—Subsection (a) shall apply to prime con- tracts and subcontracts at any tier. ‘‘(c) E XCEPTIONS .—Subsection (a) does not apply under the fol- lowing 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 at a reasonable price. ‘‘(2) To the procurement of an end item described in sub- section (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—

270 H. R. 5515—270 ‘‘(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than— ‘‘(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or ‘‘(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; ‘‘(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Mate- rials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security; or ‘‘(C) a neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled mate- rial and sintering of the final magnet takes place in the United States. EFINITIONS ‘‘(d) D .—In this section: ‘‘(1) C .—The term ‘covered material’ OVERED MATERIAL means— ‘‘(A) samarium-cobalt magnets; ‘‘(B) neodymium-iron-boron magnets; ‘‘(C) tungsten metal powder; and ‘‘(D) tungsten heavy alloy or any finished or semi- finished component containing tungsten heavy alloy. ‘‘(2) C .—The term ‘covered nation’ means— OVERED NATION ‘‘(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) E ND ITEM .—The term ‘end item’ has the meaning given in section 2533b(m) of this title.’’. (b) C A MENDMENT .—The table of contents at the begin- LERICAL ning 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 na- tions.’’. SEC. 872. 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. 873. DATA, POLICY, AND REPORTING ON THE USE OF OTHER TRANSACTIONS. (a) C OLLECTION AND S TORAGE .—The Service Acquisition Execu- tives of the military departments shall collect data on the use of other transactions by their respective departments, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department of Defense of other transactions, including use by the Defense Agencies. The data shall be stored in a manner that allows the Assistant Secretary of Defense for Acquisition and other appropriate officials access at any time.

271 H. R. 5515—271 (b) U D ATA .—The Assistant Secretary of Defense for SE OF Acquisition shall analyze and leverage the data collected under subsection (a) to update policy and guidance related to the use of other transactions. (c) R R .—Not later than December 31, 2018, EQUIRED EPORT 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 the Department’s use of other transaction authority. Each report shall summarize and display the data collected under subsection (a) on the nature and extent of the use of the authority, including a summary and detail showing— (1) organizations involved, quantities, amounts of pay- ments, and purpose, description, and status of projects; and (2) highlights of successes and challenges using the authority, including case examples. SEC. 874. STANDARDIZATION OF FORMATTING AND PUBLIC ACCESSI- BILITY OF DEPARTMENT OF DEFENSE REPORTS TO CON- GRESS. EPORT F ORMATTING (a) R LAN R EQUIRED .—Not later than P March 1, 2019, the Secretary of Defense shall provide a plan to the congressional defense committees on activities to standardize the formatting of unclassified Department of Defense reports required by Congress. Such plan shall include— (1) a description of the method 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) a cost estimate and schedule for implementation of the activities under paragraph (1), with a completion date of not later than March 1, 2020. NLINE R .—Not later than March P LAN R EQUIRED EPOSITORY (b) O 1, 2019, the Secretary of Defense shall provide a briefing to the congressional defense committees on the feasibility of developing a publically accessible online repository of unclassified reports of the Department of Defense issued since January 1, 2010. Such briefing shall include— (1) protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety; and (2) a cost estimate and schedule for implementation and maintenance of the online repository. SEC. 875. 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

272 H. R. 5515—272 (4) by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph by inserting ‘‘all interagency assisted acquisitions’’ before ‘‘include’’. SEC. 876. 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 subpara- graph designation; and (2) by adding at the end the following new paragraphs: , INDEFI XCEPTIONS FOR CERTAIN INDEFINITE DELIVERY - ‘‘(3) E NITE QUANTITY MULTIPLE - AWARD CONTRACTS AND CERTAIN FED - ERAL SUPPLY SCHEDULE CONTRACTS FOR SERVICES ACQUIRED ON AN HOURLY RATE .—If an executive agency issues a solicita- tion 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, 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. .—In paragraph (3), the term ‘qualifying EFINITION ‘‘(4) D offeror’ means an offeror that— ‘‘(A) is determined to be a responsible source; ‘‘(B) submits a proposal that conforms to the require- ments of the solicitation; ‘‘(C) meets all technical requirements; and ‘‘(D) is otherwise eligible for award.’’. SEC. 877. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING SERV- ICES. (a) I N G ENERAL .—For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing serv- ices shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursu- ant to a multiple award contract awarded in accordance with requirements for full and open competition. (b) A UDIT .—The Comptroller General of the United States shall— (1) conduct biennial audits of the General Services Adminis- tration National Broker Contract to determine— (A) whether brokers selected under the program pro- vide lower lease rental rates than rates negotiated by Gen- eral 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

273 H. R. 5515—273 leasing services resulted in rental cost savings for the Govern- ment 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 Infra- structure 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) T ERMINATION .—This section shall terminate on December 31, 2022. SEC. 878. PROCUREMENT ADMINISTRATIVE LEAD TIME DEFINITION AND PLAN. N (a) I ENERAL .—Not later than 180 days after the date of G the enactment of this Act, the Administrator for Federal Procure- ment 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 solicita- tion 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) R EQUIREMENT FOR D EFINITION .—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) C OORDINATION .—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 Administra- tion on modifying the existing data system of the Federal Government to determine the date on which the initial solicita- tion is issued. (d) U SE OF E XISTING P ROCUREMENT D ATA S YSTEM .—In devel- oping 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. 879. BRIEFING ON FUNDING OF PRODUCT SUPPORT STRATEGIES. (a) B RIEFING R EQUIRED .—For each of the fiscal years 2020, 2021, and 2022, the Secretary of Defense shall provide an annotated

274 H. R. 5515—274 briefing to the congressional defense committees regarding the funding for product support strategies for major weapon systems. (b) C ONTENTS .—The briefing shall include for each major weapon system— (1) a current estimate of the total funding required for the product support strategy for specific costs of the weapons system over its expected lifecycle; (2) a current estimate of the funding required for the product support strategy per year over the future years defense program for the specific product support costs of the weapon system; (3) a summary of the funding requested for the product support strategy in the future years defense program per year specifically for the weapon system; (4) a summary of the amounts expended to support costs specific to the weapon system as described in the product support strategy of the weapon system during the prior fiscal year; and (5) a summary of improvements made to data collection and analysis capabilities of the Department of Defense, including in the military services, to improve the analysis and cost estimation of lifecycle costs, improve the analysis and identification of cost drivers, reduce lifecycle cost variance, iden- tify common and shared costs for multiple weapons systems, and isolate the lifecycle costs attributable to specific individual weapons systems. SEC. 880. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS. (a) S TATEMENT OF P OLICY .—It shall be the policy of the United States Government to avoid using lowest price technically accept- able source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process. EVISION OF F EDERAL A CQUISITION .—Not later EGULATION R (b) R 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 tech- nical 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 com- peting proposal; (4) the executive agency 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;

275 H. R. 5515—275 (5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation meth- odology 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) A SE OF L OWEST P VOIDANCE OF T ECHNICALLY A CCEPT - U RICE S OURCE S ELECTION ABLE RITERIA IN C ERTAIN P ROCUREMENTS .— C To the maximum extent practicable, the use of lowest price tech- nically 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, health care services and records, telecommunications devices and services, or other knowledge-based professional services; (2) personal protective equipment; or (3) knowledge-based training or logistics services in contin- gency operations or other operations outside the United States, including in Afghanistan or Iraq. (d) R EPORT R EQUIREMENT .—Not later than one year after the date of the enactment of this Act, and annually thereafter for two 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 $5,000,000, 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) D EFINITIONS .—In this section: (1) E XECUTIVE 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 Depart- ment of Defense. ONTINGENCY OPERATION .—The term ‘‘contingency oper- (2) C ation’’ has the meaning given that term in section 101 of title 10, United States Code. (3) A PPROPRIATE CONGRESSIONAL COMMITTEES .—The term ‘‘appropriate congressional committees’’ means the Committee on Oversight and Government Reform of the House of Rep- resentatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 881. PERMANENT SUPPLY CHAIN RISK MANAGEMENT AUTHORITY. (a) P ERMANENT XTENSION OF A UTHORITY .— E (1) I N GENERAL .—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2339a. Requirements for information relating to supply chain risk ‘‘(a) A UTHORITY .—Subject to subsection (b), the head of a cov- ered agency may— ‘‘(1) carry out a covered procurement action; and

276 H. R. 5515—276 ‘‘(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action. N OTIFICATION .—The head of a covered ‘‘(b) D ETERMINATION AND agency may exercise the authority provided in subsection (a) only after— ‘‘(1) obtaining a joint recommendation by the Under Sec- retary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system; ‘‘(2) making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, that— ‘‘(A) use of the authority in subsection (a)(1) is nec- essary to protect national security by reducing supply chain risk; ‘‘(B) less intrusive measures are not reasonably avail- able to reduce such supply chain risk; and ‘‘(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and ‘‘(3) providing a classified or unclassified notice of the deter- mination made under paragraph (2) to the appropriate congres- sional committees, which notice shall include— ‘‘(A) the information required by section 2304(f)(3) of this title; ‘‘(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as speci- fied in paragraph (1); ‘‘(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and ‘‘(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk. ELEGATION .—The head of a covered agency may not dele- ‘‘(c) D gate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency con- cerned. ‘‘(d) L IMITATION ON D ISCLOSURE .—If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information— ‘‘(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and ‘‘(2) the agency head shall— ‘‘(A) notify appropriate parties of a covered procure- ment action and the basis for such action only to the

277 H. R. 5515—277 extent necessary to effectuate the covered procurement action; ‘‘(B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the require- ments of national security; and ‘‘(C) ensure the confidentiality of any such notifications. ‘‘(e) D EFINITIONS .—In this section: .—The term ‘head of a ‘‘(1) H EAD OF A COVERED AGENCY covered agency’ means each of the following: ‘‘(A) The Secretary of Defense. ‘‘(B) The Secretary of the Army. ‘‘(C) The Secretary of the Navy. ‘‘(D) The Secretary of the Air Force. ‘‘(2) C .—The term ‘covered OVERED PROCUREMENT ACTION procurement action’ means any of the following actions, if the action takes place in the course of conducting a covered procure- ment: ‘‘(A) The exclusion of a source that fails to meet quali- fication standards established in accordance with the requirements of section 2319 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems. ‘‘(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. ‘‘(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a con- tractor for a covered system to exclude a particular source from consideration for a subcontract under the contract. ‘‘(3) C OVERED PROCUREMENT .—The term ‘covered procure- ment’ means— ‘‘(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of this title, or an evaluation factor, as provided in section 2305(a)(2)(A) of this title, relating to supply chain risk; ‘‘(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a require- ment relating to supply chain risk; or ‘‘(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk. ‘‘(4) S UPPLY CHAIN RISK .—The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or oper- ation of such system.

278 H. R. 5515—278 ‘‘(5) C .—The term ‘covered system’ means OVERED SYSTEM a national security system, as that term is defined in section 3542(b) of title 44. .—The term ‘covered item ‘‘(6) C OVERED ITEM OF SUPPLY of supply’ means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system. ‘‘(7) A PPROPRIATE CONGRESSIONAL COMMITTEES .—The term ‘appropriate congressional committees’ means— ‘‘(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and ‘‘(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.’’. LERICAL AMENDMENT .—The table of sections at the (2) C beginning of such chapter is amended by inserting after the item relating to section 2339 the following new item: ‘‘2339a. Requirements for information relating to supply chain risk.’’. (b) R EPEAL OF O BSOLETE A UTHORITY .—Section 806(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2304 note) is hereby repealed. SEC. 882. REVIEW OF MARKET RESEARCH. Not later than February 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense for Research and Engineering, shall review the guidance of the Department of Defense with regard to those portions of the Federal Acquisition Regulation regarding commercially available market research, including sections 10.001(a)(2)(vi) and 10.002(b), and market research practices. The review shall, at a minimum— (1) assess the impact that conducting market research has on the Department’s resources; (2) ensure that commercially available market research is considered among other sources of research, as appropriate, and reviewed prior to developing new requirements documents for an acquisition by the Department; (3) assess the extent to which the legal or regulatory defini- tions of market research should be made consistent, revised, or expanded; (4) assess the extent to which guidance pertaining to market research should be revised or expanded; and (5) evaluate best practices in market research in public and private organizations, including use of information tech- nologies to support such research. SEC. 883. ESTABLISHMENT OF INTEGRATED REVIEW TEAM ON DEFENSE ACQUISITION INDUSTRY-GOVERNMENT EXCHANGE. (a) S TUDY .—

279 H. R. 5515—279 (1) I .—Not later than 30 days after the date N GENERAL of the enactment of this Act, the Secretary of Defense shall direct the Defense Business Board to convene an integrated review team (in this section referred to as the ‘‘exchange team’’) to undertake a study on facilitating the exchange of defense industry personnel on term assignments within the Department of Defense. (2) M EMBER PARTICIPATION .— (A) D EFENSE BUSINESS BOARD .—The Chairman of the Defense Business Board shall select six members from the membership of the Board to participate on the exchange team, including one member to lead the team. EFENSE INNOVATION BOARD .—The Chairman of (B) D the Defense Innovation Board shall select five appropriate members from the membership of their Board to participate on the exchange team. EFENSE SCIENCE BOARD .—The Chairman of the (C) D Defense Science Board shall select five appropriate mem- bers from the membership of their Board to participate on the exchange team. (D) R EQUIRED EXPERIENCE .—The Chairmen referred to in subparagraphs (A) through (C) shall ensure that mem- bers have significant legislative or regulatory expertise and reflect diverse experiences in the public and private sector. (3) S COPE .—The study conducted pursuant to paragraph (1) shall— (A) review legal, ethical, and financial disclosure requirements for industry-government exchanges; (B) review existing or previous industry-government exchange programs such as the Department of State’s Franklin Fellows Program and the Information Technology Exchange Program; (C) review how the military departments address legal, ethical, and financial requirements for members of the reserve components who also maintain civilian employment in the defense industry; (D) produce specific and detailed recommendations for any legislation, including the amendment or repeal of regu- lations, as well as non-legislative approaches, that the members of the exchange team conducting the study deter- mine necessary to— (i) reduce barriers to industry-government exchange to encourage the flow of acquisition best prac- tices; (ii) ensure continuing financial and ethical integ- rity; and (iii) protect the best interests of the Department of Defense; and (E) produce such additional recommendations for legis- lation as the members consider appropriate. (4) A CCESS TO INFORMATION .—The Secretary of Defense shall provide the exchange team with timely access to appro- priate information, data, resources, and analysis so that the exchange team may conduct a thorough and independent anal- ysis as required under this subsection.

280 H. R. 5515—280 (b) B .—Not later than December 31, 2018, the exchange RIEFING team shall provide an interim briefing to the congressional defense committees on the study conducted under subsection (a) R EPORT .—Not later than March 1, 2019, the exchange (c) F INAL team shall submit a final report on the study to the Under Secretary of Defense for Acquisition and Sustainment and the congressional defense committees. SEC. 884. EXCHANGE PROGRAM FOR ACQUISITION WORKFORCE EMPLOYEES. A ROGRAM .—The Secretary of Defense shall (a) P UTHORIZED establish an exchange program under which the Under Secretary of Defense for Acquisition and Sustainment shall arrange for the temporary assignment of civilian personnel in the Department of Defense acquisition workforce. (b) P .—The purposes of the exchange program estab- URPOSES lished pursuant to subsection (a) are— (1) to familiarize personnel from the acquisition workforce with the equities, priorities, processes, culture, and workforce of the acquisition-related defense agencies; (2) to enable participants in the exchange program to return the expertise gained through their exchanges to their original organizations; and (3) to improve communication between and integration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships. (c) P ARTICIPANTS .— (1) N UMBER OF PARTICIPANTS .—The Under Secretary shall select not less than 10 and no more than 20 participants per year for participation in the exchange program established under subsection (a). RITERIA FOR SELECTION (2) C .—The Under Secretary shall select participants for the exchange program established under subsection (a) from among mid-career employees and based on— (A) the qualifications and desire to participate in the program of the employee; and (B) the technical needs and capacities of the acquisition workforce, as applicable. (d) T ERMS .—Exchanges pursuant to the exchange program established under subsection (a) shall be for terms of one to two years, as determined and negotiated by the Under Secretary. The terms may begin and end on a rolling basis. (e) G UIDANCE AND I MPLEMENTATION .— (1) G .—Not later than 90 days after the date of UIDANCE the enactment of this Act, the Under Secretary shall develop and submit to the congressional defense committees interim guidance on the form and contours of the exchange program established under subsection (a). (2) I MPLEMENTATION .—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall implement the guidance developed under paragraph (1). SEC. 885. PROCESS TO LIMIT FOREIGN ACCESS TO TECHNOLOGY. (a) P ROCESS AND P ROCEDURES .—The Secretary of Defense shall develop a process and procedures for limiting foreign access to technology through contracts, grants, cooperative agreements, or

281 H. R. 5515—281 other transactions, when such limitation is in the interest of national security. (b) R EPORT .—Not later than September 1, 2019, the Secretary shall submit to the congressional defense committees a report on the process and procedures developed pursuant to subsection (a). The report shall include the following elements: (1) An assessment of the Department of Defense’s ability through existing authorities to limit foreign access to technology through contracts, grants, cooperative agreements, or other transactions. (2) An assessment of the Department’s need to implement a process to limit foreign access to technology. (3) Recommendations for penalties for violations of access, including intellectual property forfeiture. (c) C ONSIDERATIONS .—The process and procedures developed under subsection (a) shall be consistent with all existing law, including laws relating to trade agreements, individual protections, export controls, and the National Technology and Industrial Base (NTIB). SEC. 886. PROCUREMENT OF TELECOMMUNICATIONS SUPPLIES FOR EXPERIMENTAL PURPOSES. Section 2373(a) of title 10, United States Code, is amended by inserting ‘‘telecommunications,’’ after ‘‘space-flight,’’. SEC. 887. ACCESS BY DEVELOPMENTAL AND OPERATIONAL TESTING ACTIVITIES TO DATA REGARDING MODELING AND SIMULA- TION ACTIVITY. (a) I N G ENERAL .—Section 139(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.’’. (b) A DDITIONAL ESTING D ATA .—Developmental Test and T Evaluation activities under the leadership of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall have prompt access to all data regarding modeling and simulation activity pro- posed to be used by military departments and defense agencies in support of developmental test and evaluation of military capabili- ties. This access shall include data associated with verification, validation, and accreditation activities. SEC. 888. INSTRUCTION ON PILOT PROGRAM REGARDING EMPLOY- MENT OF PERSONS WITH DISABILITIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update the Defense Federal Acquisition Regulatory Supplement to include an instruction on the pilot program regarding employment of persons with disabilities authorized under section 853 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).

282 H. R. 5515—282 SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (a) P SE OR P ROCUREMENT .—(1) The head of ROHIBITION ON U an executive agency may not— (A) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substan- tial or essential component of any system, or as critical tech- nology as part of any system; or (B) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (2) Nothing in paragraph (1) shall be construed to— (A) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (B) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ROHIBITION ON .—(1) The head OAN AND G RANT F UNDS L (b) P of an executive agency may not obligate or expend loan 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 the equipment, services, or systems described in subsection (a). (2) In implementing the prohibition in paragraph (1), heads of executive agencies administering loan, grant, or subsidy pro- grams, including the heads of the Federal Communications Commis- sion, the Department of Agriculture, the Department of Homeland Security, the Small Business Administration, and the Department of Commerce, shall prioritize available funding and technical sup- port to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that commu- nications service to users and customers is sustained. (3) Nothing in this subsection shall be construed to— (A) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (B) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) E FFECTIVE D ATES .—The prohibition under subsection (a)(1)(A) shall take effect one year after the date of the enactment of this Act, and the prohibitions under subsections (a)(1)(B) and (b)(1) shall take effect two years after the date of the enactment of this Act. AIVER A UTHORITY .— (d) W

283 H. R. 5515—283 (1) E .—The head of an executive agency XECUTIVE AGENCIES may, on a one-time basis, waive the requirements under sub- section (a) with respect to an entity that requests such a waiver. The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the entity seeking the waiver— (A) provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the executive agency; and (B) submits to the head of the executive agency, who shall not later than 30 days thereafter submit to the appro- priate congressional committees, a full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such cov- ered telecommunications or video surveillance equipment or services from the entity’s systems. (2) D .—The Director IRECTOR OF NATIONAL INTELLIGENCE of National Intelligence may provide a waiver on a date later than the effective dates described in subsection (c) if the Director determines the waiver is in the national security interests of the United States. EFINITIONS .—In this section: (f) D PPROPRIATE CONGRESSIONAL COMMITTEES .—The term (1) A ‘‘appropriate congressional committees’ ’’ means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Com- mittee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Financial Services, the Com- mittee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives. (2) C OVERED FOREIGN COUNTRY .—The term ‘‘covered foreign country’’ means the People’s Republic of China. OVERED TELECOMMUNICATIONS EQUIPMENT OR SERV - (3) C ICES .—The term ‘‘covered telecommunications equipment or services’’ means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (B) For the purpose of public safety, security of govern- ment facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Tech- nology Company (or any subsidiary or affiliate of such entities). (C) Telecommunications or video surveillance services provided by such entities or using such equipment. (D) Telecommunications or video surveillance equip- ment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

284 H. R. 5515—284 (4) E .—The term ‘‘executive agency’’ has XECUTIVE AGENCY the meaning given the term in section 133 of title 41, United States Code. SEC. 890. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES. N ENERAL .—The Secretary of Defense shall establish a G (a) I pilot program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by— (1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and (2) reducing the cost and pricing data to be submitted in accordance with section 2306a of title 10, United States Code. (b) L IMITATION .—The pilot program authorized under sub- section (a) may include no more than ten contracts, and none of the selected contracts may be part of a major defense acquisition program (as that term is defined under section 2430 of title 10, United States Code). (c) R .—Not later than January 30, 2021, the Secretary EPORT of Defense shall submit to the congressional defense committees a report on the results of the pilot program authorized under subsection (a) and an assessment of whether the program should be continued or expanded. (d) S UNSET .—The authority to carry out the pilot program under this section shall expire on January 2, 2021. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics. Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Pol- icy. Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense. Sec. 904. Technical corrections to Department of Defense Test Resource Manage- ment Center authority. Sec. 905. Specification of certain duties of the Defense Technical Information Cen- ter. Subtitle B—Organization and Management of Other Department of Defense Offices and Elements Sec. 911. Comprehensive review of operational and administrative chains-of-com- mand and functions of the Department of the Navy. Sec. 912. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development. Sec. 913. Clarification of certain risk assessment requirements of the Chairman of the Joint Chiefs of Staff in connection with the National Military Strat- egy. Sec. 914. Assistant Secretary of Defense for Special Operations and Low Intensity Conflict review of United States Special Operations Command. Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Re- search, Development, and Acquisition. Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a military department. Sec. 917. Deadline for completion of full implementation of requirements in connec- tion with organization of the Department of Defense for management of special operations forces and special operations.

285 H. R. 5515—285 Sec. 918. Cross-functional teams in the Department of Defense. Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological De- fense Division of the Navy. Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction Sec. 921. Authorities and responsibilities of the Chief Management Officer of the Department of Defense. Sec. 922. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies. Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field Activities by the Chief Management Officer of the Department of De- fense. Sec. 924. Actions to increase the efficiency and transparency of the Defense Logis- tics Agency. Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Con- tract Management Agency. Sec. 926. Review and improvement of the operations of the Defense Finance and Accounting Service. Sec. 927. Assessment of chief information officer functions in connection with tran- sition to enterprise-wide management of information technology and computing. Sec. 928. Comptroller General of the United States report on cross-enterprise ac- tivities of the Inspectors General of the Department of Defense. Sec. 929. General provisions. Subtitle D—Other Department of Defense Organization and Management Matters Sec. 931. Limitation on availability of funds for major headquarters activities of the Department of Defense. Sec. 932. John S. McCain Strategic Defense Fellows Program. Sec. 933. Performance of civilian functions by military personnel. Sec. 934. Report on implementation of requirements on estimation and comparison of costs of civilian and military manpower and contract support for the Department of Defense. Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Cur- rency Fluctuations, Defense appropriation. Sec. 936. Responsibility for policy on civilian casualty matters. Sec. 937. Additional matters in connection with background and security investiga- tions for Department of Defense personnel. Sec. 938. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security. Subtitle E—Other Matters Sec. 941. Trusted information provider program for national security positions and positions of trust. Sec. 942. Report on expedited processing of security clearances for mission-critical positions. Sec. 943. Report on clearance in person concept. Subtitle A—Office of the Secretary of Defense and Related Matters SEC. 901. REPORT ON ALLOCATION OF FORMER RESPONSIBILITIES OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISI- TION, TECHNOLOGY, AND LOGISTICS. Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (1) A list of each provision of law, whether within or outside title 10, United States Code, in force as of the date of the report that, as of that date, assigns a duty, responsibility, or other requirement to the Under Secretary of Defense for Acquisition, Technology, and Logistics. (2) For each duty, responsibility, or other requirement specified in a provision of law listed pursuant to paragraph

286 H. R. 5515—286 (1), the allocation of such duty, responsibility, or requirement within the Department of Defense, including— (A) solely to the Under Secretary of Defense for Research and Engineering; (B) solely to the Under Secretary of Defense for Acquisition and Sustainment; (C) on a shared basis between the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment; (D) solely to another official or organization of the Department; (E) on a shared basis between other officials and organizations of the Department; or (F) not allocated. SEC. 902. MODIFICATION OF RESPONSIBILITIES OF THE UNDER SEC- RETARY OF DEFENSE FOR POLICY. ENERAL R (a) G .—Paragraph (2) of section 134(b) ESPONSIBILITIES of title 10, United States Code, is amended to read as follows: ‘‘(2) Subject to the authority, direction, and control of the Sec- retary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for— ‘‘(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by section 113 of this title) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains; ‘‘(B) the integration of the activities of the Department into the National Security Strategy of the United States; ‘‘(C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant com- mands, and for the review of such plans; ‘‘(D) the preparation of policy guidance for the development of the global force posture; and ‘‘(E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Depart- ment.’’. (b) R C ONNECTION W ESPONSIBILITIES IN J OINT F ORCE ITH .—Such section is further amended APABILITIES AND R EADINESS C by adding at the end the following new paragraph: ‘‘(5) Subject to the authority, direction, and control of the Sec- retary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to— ‘‘(A) develop planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness; and ‘‘(B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives.’’. SEC. 903. CLARIFICATION OF RESPONSIBILITIES AND DUTIES OF THE CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF DEFENSE. Section 142(b)(1) of title 10, United States Code, is amended—

287 H. R. 5515—287 (1) in subparagraph (A), by inserting ‘‘(other than with respect to business systems and management)’’ after ‘‘sections 3506(a)(2)’’; (2) in subparagraph (B), by striking ‘‘section 11315 of title 40’’ and inserting ‘‘sections 11315 and 11319 of title 40 (other than with respect to business systems and management)’’; and (3) in subparagraph (C), by striking ‘‘sections 2222, 2223(a), and 2224 of this title’’ and inserting ‘‘sections 2223(a) (other than with respect to business systems and management) and 2224 of this title’’. SEC. 904. TECHNICAL CORRECTIONS TO DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER AUTHORITY. Section 196 of title 10, United States Code, is amended in subsections (c)(1)(B) and (g) by striking ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ and inserting ‘‘Under Secretary of Defense for Research and Engineering’’. SEC. 905. SPECIFICATION OF CERTAIN DUTIES OF THE DEFENSE TECH- NICAL INFORMATION CENTER. (a) I G ENERAL .—In addition to any other duties specified N for the Defense Technical Information Center by law, regulation, or Department of Defense directive or instruction, the duties of the Center shall include the following: (1) To execute the Global Research Watch Program under section 2365 of title 10, United States Code. (2) To develop and maintain datasets and other data reposi- tories on research and engineering activities being conducted within the Department. (b) A CTION P LAN .—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan of action for the commencement by the Defense Technical Information Center of the duties specified in subsection (a). Subtitle B—Organization and Management of Other Department of Defense Offices and Elements SEC. 911. COMPREHENSIVE REVIEW OF OPERATIONAL AND ADMINIS- TRATIVE CHAINS-OF-COMMAND AND FUNCTIONS OF THE DEPARTMENT OF THE NAVY. (a) I N G ENERAL .—The Secretary of the Navy shall conduct a comprehensive review of the operational and administrative chains-of-command and functions of the Department of the Navy. (b) E LEMENTS .—In conducting the review required by subsection (a), the Secretary shall consider options to do each of the following: (1) Increase visibility of unit-level readiness at senior levels. (2) Reduce so-called ‘‘double-hatting’’ and ‘‘triple-hatting’’ commanders. (3) Clarify organizations responsible and accountable for training and certification at the unit, group, and fleet level. (4) Simplify reporting requirements applicable to com- manding officers.

288 H. R. 5515—288 (c) R .— EPORT N GENERAL .—Not later than 180 days after the date (1) I of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall include the following: (A) The results of the review, including any findings of the Secretary as a result of the review. (B) Any organizational changes in operational or administrative chains-of-command or functions of the Department undertaken or to be undertaken by the Sec- retary in light of the review. (C) Any recommendations for legislative or administra- tion action with respect to the operational or administrative chains-of-command or functions of the Department the Sec- retary considers appropriate in light of the review. (2) F .—The report under this subsection shall be sub- ORM mitted in unclassified form, but may include a classified annex. SEC. 912. MODIFICATION OF CERTAIN RESPONSIBILITIES OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF RELATING TO JOINT FORCE CONCEPT DEVELOPMENT. Subparagraph (D) of section 153(a)(6) of title 10, United States Code, is amended to read as follows: ‘‘(D) formulating policies for development and experimentation on both urgent and long-term concepts for joint force employment, including establishment of a process within the Joint Staff for analyzing and prioritizing gaps in capabilities that could potentially be addressed by joint concept development using existing or modified joint force capabilities;’’. SEC. 913. CLARIFICATION OF CERTAIN RISK ASSESSMENT REQUIRE- MENTS OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF IN CONNECTION WITH THE NATIONAL MILITARY STRATEGY. Section 153(b) of title 10, United States Code, is amended— (1) in paragraph (1)(D)(iii), by striking ‘‘military strategic and operational risks’’ and inserting ‘‘military risk’’; and (2) in paragraph (2)(B)(ii), by striking ‘‘military strategic and operational risks to United States interests and the mili- tary strategic and operational risks in executing the National Military Strategy (or update)’’ and inserting ‘‘military strategic risks to United States interests and military risks in executing the National Military Strategy (or update)’’. SEC. 914. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPER- ATIONS AND LOW INTENSITY CONFLICT REVIEW OF UNITED STATES SPECIAL OPERATIONS COMMAND. (a) R EVIEW R EQUIRED .—The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall, in coordina- tion with the Commander of the United States Special Operations Command, conduct a comprehensive review of the United States Special Operations Command for purposes of ensuring that the institutional and operational capabilities of special operations forces are appropriate to counter anticipated future threats across the spectrum of conflict.

289 H. R. 5515—289 (b) S R EVIEW .—The review required by subsection (a) COPE OF shall include, at a minimum, the following: (1) An assessment of the adequacy of special operations forces doctrine, organization, training, materiel, education, per- sonnel, and facilities to implement the 2018 National Defense Strategy, and recommendations, if any, for modifications for that purpose. (2) An assessment of the roles and responsibilities of special operations forces as assigned by law, Department of Defense guidance, or other formal designation, and recommendations, if any, for additions to or divestitures of such roles or respon- sibilities. (3) An assessment of the adequacy of the processes through which the United States Special Operations Command evalu- ates and prioritizes the requirements at the geographic combat- ant commands for special operations forces and special oper- ations-unique capabilities and makes recommendations on the allocation of special operations forces and special operations- unique capabilities to meet such requirements, and rec- ommendations, if any, for modifications of such processes. (4) Any other matters the Assistant Secretary considers appropriate. (c) D EADLINES .— OMPLETION OF REVIEW .—The review required by sub- (1) C section (a) shall be completed by not later than 270 days after the date of the enactment of this Act. (2) R EPORT .—Not later than 30 days after completion of the review, the Assistant Secretary shall submit to the congres- sional defense committees a report on the review, including the findings and any recommendations of the Assistant Sec- retary as a result of the review. SEC. 915. EXPANSION OF PRINCIPAL DUTIES OF ASSISTANT SEC- RETARY OF THE NAVY FOR RESEARCH, DEVELOPMENT, AND ACQUISITION. Section 5016(b)(4)(A) of title 10, United States Code, is amended by striking ‘‘and acquisition matters’’ and inserting ‘‘acquisition, and sustainment (including maintenance) matters’’. SEC. 916. QUALIFICATIONS FOR APPOINTMENT AS DEPUTY CHIEF MANAGEMENT OFFICER OF A MILITARY DEPARTMENT. EPARTMENT OF THE A (a) D .—An individual may not be RMY appointed as Deputy Chief Management Officer of the Department of the Army unless the individual— (1) has significant experience in business operations or management in the public sector; or (2) has significant experience managing an enterprise in the private sector. (b) D EPARTMENT OF THE AVY .—An individual may not be N appointed as Deputy Chief Management Officer of the Department of the Navy unless the individual— (1) has significant experience in business operations or management in the public sector; or (2) has significant experience managing an enterprise in the private sector. (c) D EPARTMENT OF THE A IR F ORCE .—An individual may not be appointed as Deputy Chief Management Officer of the Depart- ment of the Air Force unless the individual—

290 H. R. 5515—290 (1) has significant experience in business operations or management in the public sector; or (2) has significant experience managing an enterprise in the private sector. SEC. 917. DEADLINE FOR COMPLETION OF FULL IMPLEMENTATION OF REQUIREMENTS IN CONNECTION WITH ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPECIAL OPER- ATIONS. The Secretary of Defense shall ensure that the implementation of section 922 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2354) and the amend- ments made by that section is fully complete by not later than 90 days after the date of the enactment of this Act. SEC. 918. CROSS-FUNCTIONAL TEAMS IN THE DEPARTMENT OF DEFENSE. ROSS - FUNCTIONAL T EAM ON E LECTRONIC (a) C ARFARE .— W (1) I .—Among the cross-functional teams estab- N GENERAL lished by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on electronic warfare. (2) E .—The cross-functional STABLISHMENT AND ACTIVITIES team established pursuant to paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c). (3) D EADLINE FOR ESTABLISHMENT .—The cross-functional team required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act. T ROSS - FUNCTIONAL C EAMS M ATTERS .— DDITIONAL (b) A (1) C RITERIA FOR DISTINGUISHING AMONG CROSS - FUNC - TIONAL TEAMS .—Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue criteria that distinguish cross-functional teams under section 911 of the National Defense Authorization Act for Fiscal Year 2017 from other types of cross-functional working groups, committees, integrated product teams, and task forces of the Department. (2) P RESPONSIBILITY FOR IMPLEMENTATION RIMARY OF TEAMS .—The Deputy Secretary of Defense shall establish or designate an office within the Department that shall have primary responsibility for implementing section 911 of the National Defense Authorization Act for Fiscal Year 2017. SEC. 919. LIMITATION ON TRANSFER OF THE CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL DEFENSE DIVISION OF THE NAVY. (a) R EPORT R EQUIRED .—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes the following:

291 H. R. 5515—291 (1) A detailed timeline for the proposed transfer of the Chemical, Biological, and Radiological Defense Division of the Navy from Virginia to another location. (2) A full accounting of the costs associated with the pro- posed transfer, including— (A) all personnel costs; (B) all equipment costs; and (C) all facility renovation costs for the existing facilities of the Division and the facilities to which the Division is proposed to be transferred. (3) A risk assessment of the operational impact of the transfer during the transition period. (4) An explanation of the operational benefit expected to be achieved by collocating all Chemical, Biological, and Radio- logical elements of the Department of the Navy. IMITATION .—The Secretary may not transfer, or prepare (b) L to transfer, the Chemical, Biological, and Radiological Defense Divi- sion of the Navy from Dahlgren, Virginia, to another location until a period of 45 days has elapsed following the date on which the report is submitted to the congressional defense committees under subsection (a). Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction SEC. 921. AUTHORITIES AND RESPONSIBILITIES OF THE CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE. (a) A UTHORITIES AND R ESPONSIBILITIES .— (1) I N GENERAL .—Subsection (b) of section 132a of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.’’. UDGET AUTHORITY .— (2) B (A) I N GENERAL .—Such section is further amended— (i) by redesignating subsections (c) and (d) as sub- sections (d) and (e), respectively; and (ii) by inserting after subsection (b) the following new subsection (c): ‘‘(c) B A UTHORITY .—(1)(A) Beginning in fiscal year 2020, UDGET 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 specified by the Secretary for purposes of this subsection to transmit the proposed budget of such Agency or Activity for enterprise business operations 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) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comp- troller).

292 H. R. 5515—292 ‘‘(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 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 such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. ‘‘(C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: ‘‘(i) Each proposed budget for the enterprise business oper- ations of a Defense Agency or 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 the required level of efficiency and effectiveness for enterprise business operations. ‘‘(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. ‘‘(iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. ‘‘(2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.’’. (B) E XECUTION OF AUTHORITY .—In order to execute the authority in subsection (c) of section 132a of title 10, United States Code (as amended by subparagraph (A)), the Chief Management Officer of the Department of Defense shall do the following: (i) By April 1, 2019, develop an assessment of cost and expertise requirements to execute such authority. (ii) By September 1, 2019, develop guidance for Defense Agencies and Department of Defense Field Activities to delineate spending on enterprise business operations and develop a process to determine the ade- quacy of their budgets for such operations. (b) R B USINESS EFORM OF NTERPRISE O PERATIONS IN S UPPORT E OF C ERTAIN A CTIVITIES A CROSS D EPARTMENT OF D EFENSE .— (1) P ERIODIC REFORM .— (A) I N GENERAL .—Not later than January 1, 2020, and not less frequently than once every five years thereafter, the Secretary of Defense shall, acting through the Chief Management Officer of the Department of Defense, reform enterprise business operations of the Department of

293 H. R. 5515—293 Defense, through reductions, eliminations, or improve- ments, across all organizations and elements of the Depart- ment with respect to covered activities in order to increase effectiveness and efficiency of mission execution. (B) CMO REPORTS .—Not later than January 1 of every fifth calendar year beginning with January 1, 2025, 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 this subsection during the preceding five years, including an estimate of any cost savings achieved as a result of such activities. OVERED ACTIVITIES DEFINED .—In this subsection, the (2) C term ‘‘covered activities’’ means any activity relating to civilian resources management, logistics management, services con- tracting, or real estate management. EPORTING FRAMEWORK .—Not later than January 1, (3) R 2020, the Chief Management Officer shall establish a consistent reporting framework to establish a baseline for the costs to perform all covered activities, and shall submit to Congress a report that, for each individual covered activity performed in fiscal year 2019, identifies the following: (A) The component or components of the Department responsible for performing such activity, and a business process map of such activity, in fiscal year 2019. (B) The number of the military, civilian, and contractor personnel of the component or components of the Depart- ment who performed such activity in that fiscal year. (C) The manpower requirements for such activity as of that fiscal year. (D) The systems and other resources associated with such activity as of that fiscal year. (E) The cost in dollars of performing such activity in fiscal year 2019. NITIAL PLAN .—Not later than February 1, 2019, the (4) I Chief Management Officer shall submit to the congressional defense committees a plan, schedule, and cost estimate for conducting the reforms required under paragraph (1)(A). ERTIFICATION OF COST SAVINGS .—Not later than (5) C January 1, 2020, the Chief Management Officer shall certify to the congressional defense committees that the savings and costs incurred as a result of activities carried out under para- graph (1) will achieve savings in fiscal year 2020 against the total amount obligated and expended for covered activities in fiscal year 2019 of— (A) not less than 25 percent of the cost in dollars of performing covered activities in fiscal year 2019 as speci- fied pursuant to paragraph (3)(E); or (B) if the Chief Management Officer determines that achievement of savings of 25 percent or more will create overall inefficiencies for the Department, notice and jus- tification will be submitted to the congressional defense committees specifying a lesser percentage of savings that the Chief Management Officer determines to be necessary to achieve efficiencies in the delivery of covered activities, which notice and justification shall be submitted by not

294 H. R. 5515—294 later than October 1, 2019, together with a description of the efficiencies to be achieved. (6) C OMPTROLLER GENERAL REPORTS .—The Comptroller General of the United States shall submit to the congressional defense committees the following: (A) Not later than 90 days after the submittal of the plan under paragraph (4), a report that verifies whether the plan is feasible. (B) Not later than 270 days after the date of enactment of this Act, a report setting forth an assessment of the actions taken under paragraph (1)(A) since the date of the enactment of this Act. (C) Not later than 270 days after the submittal of the reporting framework under paragraph (3), a report that verifies whether the baseline established in the frame- work is accurate. (D) Not later than 270 days after the submittal of the report under paragraph (5), a report that verifies— (i) whether the activities described in the report were carried out; and (ii) whether any cost savings estimated in the report are accurate. SEC. 922. ANALYSIS OF DEPARTMENT OF DEFENSE BUSINESS MANAGE- MENT AND OPERATIONS DATASETS TO PROMOTE SAVINGS AND EFFICIENCIES. N (a) I ENERAL .—The Chief Management Officer of the Depart- G ment of Defense shall develop a policy on analysis of Department of Defense datasets on business management and business oper- ations by the public for purposes of accessing data analysis capabili- ties that would promote savings and efficiencies and otherwise enhance the utility of such datasets to the Department. (b) I D ISCHARGE OF P OLICY .— NITIAL N GENERAL (1) I .—The Chief Management Officer shall com- mence the discharge of the policy required pursuant to sub- section (a) by— (A) identifying one or more matters— (i) that are of significance to the Department of Defense; (ii) that are currently unresolved; and (iii) whose resolution from a business management or business operations dataset of the Department could benefit from a method or technique of analysis not currently familiar to the Department; (B) identifying between three and five business management or business operations datasets of the Depart- ment not currently available to the public whose evaluation could result in novel data analysis solutions toward management or operations problems of the Department identified by the Chief Management Officer; and (C) encouraging, whether by competition or other mechanisms, the evaluation of the datasets described in subparagraph (B) by appropriate persons and entities in the public or private sector (including academia). (2) P ROTECTION OF SECURITY AND CONFIDENTIALITY .—In providing for the evaluation of datasets pursuant to this sub- section, the Chief Management Officer shall take appropriate

295 H. R. 5515—295 actions to protect the security and confidentiality of any information contained in the datasets, including through special precautions to ensure that any personally identifiable informa- tion is not included and no release of information will adversely affect national security missions. SEC. 923. PERIODIC REVIEW OF THE DEFENSE AGENCIES AND DEPART- MENT OF DEFENSE FIELD ACTIVITIES BY THE CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE. (a) P EVIEW .—Subsection (c) of section 192 of title ERIODIC R 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting before paragraph (3), as so redesignated, the following new paragraphs: ‘‘(1)(A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the Chief Management Officer of the Department of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform. ‘‘(B) As part of each review under this paragraph, the Chief Management Officer shall identify each activity of an Agency or Activity that is substantially similar to, or duplicative of, an activity carried out by another organization or element of the Department of Defense, or is not being performed to an adequate level to meet Department needs. ‘‘(C) For purposes of conducting reviews under this paragraph, the Chief Management Officer shall develop internal guidance that defines requirements for such reviews and provides clear direction for conducting and recording the results of reviews. ‘‘(2)(A) Not later than 90 days after the completion of a review under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees a report that sets forth the results of the review. ‘‘(B) The report on a review under this paragraph shall, based on the results of the review, include the following: ‘‘(i) A list of 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 substan- tially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense. ‘‘(ii) With respect to each Agency or Activity not included on the list under clause (i), a plan, aimed at better meeting Department needs, for— ‘‘(I) rationalizing the functions within such Agency or Activity; or ‘‘(II) transferring some or all of the functions of such Agency or Activity to another organization or element of the Department. ‘‘(iii) Recommendations for functions, if any, currently con- ducted separately by the military departments that should be consolidated into an Agency or Activity.’’.

296 H. R. 5515—296 (b) R S PECIAL R ULE FOR D EFENSE B USINESS T RANS - EPEAL OF A .—Such section is further amended by striking FORMATION GENCY subsection (e). (c) L IMITATION ON T ERMINATION .—Such section is further amended by adding at the end the following new subsection (e): IMITATION ON ERMINATION .—The Secretary of Defense ‘‘(e) L T may not terminate a Defense Agency or Department of Defense Field Activity until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following: ‘‘(1) Notice of the intent of the Secretary to terminate the Agency or Activity. ‘‘(2) Such recommendations for legislative action as the Secretary considers appropriate in connection with the termi- nation of the Agency or Activity.’’. SEC. 924. ACTIONS TO INCREASE THE EFFICIENCY AND TRANS- PARENCY OF THE DEFENSE LOGISTICS AGENCY. (a) S YSTEM AND C APABILITY .—Not later than January 1, 2020, the Director of the Defense Logistics Agency and the Chief Manage- ment Officer of the Department of Defense shall jointly, in consulta- tion with the customers served by the Agency, develop and imple- ment— (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. CTIONS TO I NCREASE E FFICIENCY .—Not later than January (b) A 1, 2020, the Director and the Chief Management Officer shall jointly— (1) develop a plan to reduce the rates charged by the Agency to customers, in aggregate— (A) by not less than 10 percent; or (B) if the Chief Management Officer determines that a reduction of rates in aggregate of 10 percent or more will create overall inefficiencies for the Department, by such percentage less than 10 percent as the Chief Manage- ment Officer considers appropriate to avoid such inefficien- cies, but only after notifying the congressional defense committees of such lesser percentage in reduction of rates pursuant to this subparagraph; (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) P LAN R EQUIRED .—Not later than February 1, 2019, the Director and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how

297 H. R. 5515—297 the Director and the Chief Management Officer will achieve compli- ance with the requirements of subsections (a) and (b). SEC. 925. REVIEW OF FUNCTIONS OF DEFENSE CONTRACT AUDIT AGENCY AND DEFENSE CONTRACT MANAGEMENT AGENCY. .—The Secretary of Defense shall, acting through (a) R EVIEW the Chief Management Officer of the Department of Defense, 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 the following: (1) A validation of the missions and functions of each Agency. (2) An assessment of the effectiveness of each Agency in performing designated functions, including identification and analysis of qualitative and quantitative metrics of performance. (3) An assessment of the adequacy of the resources, authori- ties, workforce training, and size of each Agency to perform designated functions. (4) An assessment of cost savings or avoidance attributable to the conduct of the activities of each Agency. (5) A determination whether functions performed by either Agency could be performed more appropriately and effectively by any combination of the following: (A) The other Agency. (B) Any other organization or element of the Depart- ment of Defense, including the military departments. (C) Commercial providers. (6) A validation of the continued need for two separate Agencies with oversight for defense contracting. (b) R EPORT .—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the results of the review conducted under subsection (a). SEC. 926. REVIEW AND IMPROVEMENT OF THE OPERATIONS OF THE DEFENSE FINANCE AND ACCOUNTING SERVICE. N (a) I ENERAL .—Not later than March 1, 2020, the Chief G Management Officer of the Department of Defense and the Under Secretary of Defense (Comptroller) shall conduct a joint review of the activities of the Defense Finance and Accounting Service. The review shall include the following: (1) A validation of the missions and functions of the Service. (2) An assessment of the effectiveness of the Service in performing designated functions, including identification and analysis of qualitative and quantitative metrics of performance. (3) An assessment of the resources, authorities, workforce training, and size of the Service to perform designated func- tions. (4) An assessment of changes required to the mission and activities of the Service based on the availability and application of current and potential future information technology capabili- ties. (5) A determination whether any functions currently per- formed by the Service could be performed more appropriately and effectively by any combination of the following:

298 H. R. 5515—298 (A) Any other organization or element of the Depart- ment of Defense, including the military departments. (B) Commercial providers. (6) A determination whether any functions currently per- formed by other organizations or elements of the Department could be consolidated within the Service in order to promote effectiveness and reduce duplicative effort. (b) R EPORT .—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the review conducted under sub- section (a). SEC. 927. ASSESSMENT OF CHIEF INFORMATION OFFICER FUNCTIONS IN CONNECTION WITH TRANSITION TO ENTERPRISE-WIDE MANAGEMENT OF INFORMATION TECHNOLOGY AND COM- PUTING. SSESSMENT R (a) A .—The Chief Information Officer of EQUIRED the Department of Defense shall, in conjunction with the Chief Management Officer of the Department of Defense, conduct an assessment of chief information officer functions in the Department of Defense with a view toward the rationalization of such functions across the Defense Agencies and Department of Defense Field Activities in a manner consistent with the plans of the Department for a transition to enterprise-wide management of information tech- nology (IT) networks and computing. LEMENTS .—The assessment conducted pursuant to sub- (b) E section (a) shall result in the following: (1) A determination of the number, duties and responsibil- ities, and grades of personnel performing management and oversight of information technology activities. (2) Recommendations for the role the Chief Information Officer in managing the information technology workforce in the Office of the Secretary of Defense, and for selecting and approving personnel for the information technology workforces of the military departments, Defense Agencies, and Department of Defense Field Activities. (c) R EPORT R EQUIRED .—Not later than February 1, 2019, the Chief Information Officer and the Chief Management Officer shall jointly submit to the congressional defense committees a report that sets forth a description of the results of the assessment con- ducted pursuant to subsection (a), including a description of any actions proposed as a result of the assessment to achieve enterprise- wide efficiencies in the management of information technology net- works and computing. (d) P LAN R EQUIRED .—Not later than January 1, 2020, the Chief Information Officer and the Chief Management Officer shall jointly submit to the congressional defense committees a report setting forth a plan to carry out the proposed actions described in subsection (c). SEC. 928. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON CROSS-ENTERPRISE ACTIVITIES OF THE INSPECTORS GENERAL OF THE DEPARTMENT OF DEFENSE. (a) R EPORT R EQUIRED .—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on cross-enterprise activi- ties of the Inspectors General of the organizations and elements of the Department of Defense, including public affairs, human

299 H. R. 5515—299 resources, services contracting, other contracting, and any other cross-enterprise activities of the Inspectors General the Comptroller General considers appropriate for purposes of the report. (b) E LEMENTS .—The report under subsection (a) shall identify with respect to the activities referred to in that subsection the following: (1) Opportunities to maximize efficiency. (2) Opportunities to minimize duplication of effort, including through reduction or elimination of duplicative func- tions. (3) Any other matters the Comptroller General considers appropriate. SEC. 929. GENERAL PROVISIONS. ONSOLIDATED R (a) C .—The plans and reports required EPORT 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) D EFINITIONS .—In this subtitle, the terms ‘‘Defense Agency’’, ‘‘Department of Defense Field Activity’’, and ‘‘military departments’’ have the meanings given the terms in section 101(a) of title 10, United States Code. Subtitle D—Other Department of Defense Organization and Management Matters SEC. 931. LIMITATION ON AVAILABILITY OF FUNDS FOR MAJOR HEAD- QUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE. (a) C ERTIFICATION ON A VERAGE A MOUNTS E XPENDED ON M AJOR H EADQUARTERS CTIVITIES .—Not later than February 1, 2019, the A Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report that certifies each of the following percentages in connection with amounts expended on major headquarters activities: (1) The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities. (2) The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities of the Office of the Secretary of Defense. (3) The average percentage of the amount authorized to be appropriated for each military department per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities of such military department. (4) The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, and available for the combatant commands that has been spent on major headquarters activities of the combatant commands. (b) O VERALL L IMITATION .—In fiscal year 2021, the aggregate amount that may be obligated and expended on major headquarters

300 H. R. 5515—300 activities may not exceed an amount equal to the percentage speci- fied in subsection (a)(1) of the amount authorized to be appropriated for the Department of Defense for that fiscal year. FOR P ARTICULAR A CTIVITIES .—Within the (c) L IMITATION amount available for fiscal year 2021 pursuant to subsection (b), amounts shall be available as follows: (1) For major headquarters activities of the Office of the Secretary of Defense, not more than an amount equal to the percentage specified in subsection (a)(2) of the amount author- ized to be appropriated for the Department of Defense for fiscal year 2021. (2) For major headquarters activities of each military department, not more than an amount equal to the percentage specified in subsection (a)(3) with respect to such military department of the amount authorized to be appropriated for such military department for fiscal year 2021. (3) For major headquarters activities of the combatant com- mands, not more than an amount equal to the percentage specified in subsection (a)(4) of the amount authorized to be appropriated for the Department of Defense for fiscal year 2021 and available for the combatant commands. EFINITIONS (d) D .—In this section: (1) The term ‘‘major headquarters activities’’ has the meaning given the term ‘‘major Department of Defense head- quarters activities’’ in section 346(b)(3) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note). (2) The term ‘‘major headquarters activities of a military department’’ means the following: (A) In the case of the Army, the Office of the Secretary of the Army and the Army Staff. (B) In the case of the Navy, the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps. (C) In the case of the Air Force, the Office of the Secretary of the Air Force and the Air Staff. (3) The term ‘‘Office of the Secretary of Defense’’ includes the Joint Staff. SEC. 932. JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM. ELLOWSHIP (a) F ROGRAM .— P (1) I N GENERAL .—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a civilian fellowship program designed to provide leadership development and the commencement of a career track toward senior leadership in the Department. (2) D ESIGNATION .—The fellowship program shall be known as the ‘‘John S. McCain Strategic Defense Fellows Program’’ (in this section referred to as the ‘‘fellows program’’). (b) E LIGIBILITY .—An individual is eligible for participation in the fellows program if the individual— (1) is a citizen of the United States or a lawful permanent resident of the United States in the year in which the individual applies for participation in the fellows program; and (2) either— (A) possesses a graduate degree from an accredited institution of higher education in the United States that

301 H. R. 5515—301 was awarded not later than two years before the date of the acceptance of the individual into the fellows program; or (B) will be awarded a graduate degree from an accred- ited institution of higher education in the United States not later than six months after the date of the acceptance of the individual into the fellows program. PPLICATION .— (c) A (1) A PPLICATION REQUIRED .—Each individual seeking to participate in the fellows program shall submit to the Secretary of Defense an application therefor at such time and in such manner as the Secretary shall specify. LEMENTS .—Each application of an individual under (2) E this subsection shall include the following: (A) Transcripts of educational achievement at the undergraduate and graduate level. (B) A resume. (C) Proof of citizenship or lawful permanent residence. (D) An endorsement from the applicant’s graduate institution of higher education. (E) An academic writing sample. (F) Letters of recommendation addressing the applicant’s character, academic ability, and any extra- curricular activities. (G) A personal statement by the applicant explaining career areas of interest and motivations for service in the Department. (H) Such other information as the Secretary considers appropriate. (d) S ELECTION .— (1) I N GENERAL .—Each year, the Secretary of Defense shall select participants in the fellows program from among applicants for the fellows program for such year who qualify for participation in the fellows program based on character, commitment to public service, academic achievement, extra- curricular activities, and such other qualifications for participa- tion in the fellows program as the Secretary considers appro- priate. UMBER .—The number of individuals selected to partici- (2) N pate in the fellows program in any year may not exceed the numbers as follows: (A) Ten individuals from each geographic region of the United States as follows: (i) The Northeast. (ii) The Southeast. (iii) The Midwest. (iv) The Southwest. (v) The West. (B) Ten additional individuals. (3) B ACKGROUND INVESTIGATION .—An individual selected to participate in the fellows program may not participate in the program unless the individual successfully undergoes a background investigation applicable to the position to which the individual will be assigned under the fellows program and otherwise meets such requirements applicable to assignment to a sensitive position within the Department that the Secretary considers appropriate.

302 H. R. 5515—302 (e) A .— SSIGNMENT N GENERAL .—Each individual who participates in the (1) I fellows program shall be assigned to a position in one of the following: (A) The Office of the Secretary of Defense. (B) An office of the Secretary of a military department. (2) P OSITION REQUIREMENTS .—Each Secretary of a military department, and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, shall submit to the Secretary of Defense each year the qualifications and skills to be demonstrated by participants in the fellows program to qualify for assignment under this subsection for service in a position of the office of such Sec- retary, Under Secretary, or Director. SSIGNMENT TO POSITIONS (3) A .—The Secretary of Defense shall each year assign participants in the fellows program to positions in the offices of the Secretaries of the military departments, and the offices of the Under Secretaries and Direc- tors described in paragraph (2). In making such assignments, the Secretary of Defense shall seek to best match the qualifica- tions and skills of participants in the fellows program with the requirements of positions available for assignment. Each participant so assigned shall serve as a special assistant to the Secretary, Under Secretary, or Director to whom assigned. IMITATION ON NUMBER ASSIGNABLE TO SECRETARIES (4) L OF MILITARY DEPARTMENTS .—The number of participants in the fellows program who are assigned to the office of a Secretary of a military department in any year may not exceed five participants. (5) T ERM .—The term of each assignment under the fellows program shall be one year. (6) P .—An individual assigned to a posi- AY AND BENEFITS tion under the fellows program shall be compensated at the rate of compensation for employees at level GS–10 of the Gen- eral Schedule, and shall be treated as an employee of the United States during the term of assignment, including for purposes of eligibility for health care benefits and retirement benefits available to employees of the United States. DUCATION LOAN REPAYMENT .—To the extent that funds (7) E are provided in advance in appropriations Acts, the Secretary of Defense may repay any loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of loans under this paragraph shall be on a first-come, first-served basis. (f) C AREER D EVELOPMENT .— (1) I N GENERAL .—The Secretary of Defense shall ensure that participants in the fellows program— (A) receive opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department such as the Defense Business Board and the Defense Innovation Board; and (B) are provided appropriate opportunities for employ- ment and advancement within the Department upon

303 H. R. 5515—303 successful completion of the fellows program, including, if appropriate, opportunities to work at Department installations or Field Activities for between 12 and 24 months. (2) R .—In carrying out paragraph ESERVATION OF POSITIONS (1)(B), the Secretary shall reserve for participants who success- fully complete the fellows program not fewer than 30 positions in the excepted service within the Department that are suitable for the commencement of a career track toward senior leader- ship within the Department. Any position so reserved shall not be subject to or covered by any reduction in headquarters personnel required under any other provision of law. (3) N .—Upon the successful ONCOMPETITIVE APPOINTMENT completion of the assignment of a participant in the fellows program in a position pursuant to subsection (e), the Secretary may, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, appoint the participant to a position reserved pursuant to paragraph (2) if the Secretary determines that such appointment will contribute to the development of highly qualified future senior leaders for the Department. UBLICATION OF SELECTION .—The Secretary shall pub- (4) P lish on an Internet website of the Department available to the public the names of the individuals selected to participate in the fellows program. (g) O UTREACH .—The Secretary of Defense shall undertake appropriate outreach to inform potential participants in the fellows program of the nature and benefits of participation in the fellows program. (h) R .—The Secretary of Defense shall carry out EGULATIONS this section in accordance with such regulations as the Secretary may prescribe for purposes of this section. (i) F UNDING .—Of the amounts authorized to be appropriated for each fiscal year for the Department of Defense for operation and maintenance, Defense-wide, $10,000,000 may be available to carry out the fellows program in such fiscal year. SEC. 933. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER- SONNEL. Section 129a(g)(1)(A) of title 10, United States Code, is amended by striking ‘‘, including a permanent conversion’’ and all that follows through the semicolon and inserting ‘‘is cost-effective, taking into account the fully-burdened costs of the civilian, military, and con- tractor workforces, including the impact of the performance of such functions on military career progression or when required by mili- tary necessity;’’. SEC. 934. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON ESTI- MATION AND COMPARISON OF COSTS OF CIVILIAN AND MILITARY MANPOWER AND CONTRACT SUPPORT FOR THE DEPARTMENT OF DEFENSE. Not later than March 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of Department of Defense Instruction 7041.04. The report shall include an assessment whether the Department of Defense is properly using civilian personnel in its workforce in the most cost-efficient manner when compared to its use of military and contractor personnel in its workforce.

304 H. R. 5515—304 SEC. 935. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND ANALYSIS OF FOREIGN CURRENCY FLUCTUATIONS, DEFENSE APPROPRIATION. G ENERAL .—The Under Secretary of Defense (Comptroller) (a) I N shall, in coordination with the Comptrollers of the military depart- ments, conduct a review of the exchange rates for foreign currency used when making a disbursement pursuant to any expenditure or expense made by the Department of Defense in order to deter- mine whether cost-savings could be achieved through a more con- sistent selection of cost-effective rates in the making of such disbursements. The review shall include an analysis of realized and projected losses on foreign currency exchange in order to deter- mine an appropriate balance for the ‘‘Foreign Currency Fluctua- tions, Defense’’ account. EPORT .—Not later than January 31, 2019, the Under Sec- (b) R retary shall submit to the congressional defense committees a report setting forth a summary of the review conducted pursuant to sub- section (a). SEC. 936. RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MAT- TERS. ESIGNATION OF S (a) D C IVILIAN O FFICIAL .—Not later than ENIOR 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense within the Office of the Sec- retary of Defense at or above the level of Assistant Secretary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations. ESPONSIBILITIES .—The senior civilian official designated (b) R under subsection (a) shall ensure that the policy referred to in that subsection provides for— (1) uniform processes and standards across the combatant commands for accurately recording kinetic strikes by the United States military; (2) the development and dissemination of best practices for reducing the likelihood of civilian casualties from United States military operations; (3) the development of publicly available means, including an Internet-based mechanism, for the submittal to the United States Government of allegations of civilian casualties resulting from United States military operations; (4) uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the consideration of relevant information from all available sources; (5) uniform processes and standards across the combatant commands for— (A) acknowledging the responsibility of the United States military for civilian casualties resulting from United States military operations; and (B) offering ex gratia payments to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations, as determined to be necessary by the designated senior civilian official;

305 H. R. 5515—305 (6) regular engagement with relevant intergovernmental and nongovernmental organizations; (7) public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military operations; and (8) such other matters with respect to civilian casualties resulting from United States military operations as the des- ignated senior civilian official considers appropriate. (c) R EPORT .—Not later than 180 days after the date of the enactment of this Act, the senior civilian official designated under subsection (a) shall submit to the congressional defense committees a report that describes— (1) the policy developed by the senior civilian official under that subsection; and (2) the efforts of the Department to implement such policy. SEC. 937. ADDITIONAL MATTERS IN CONNECTION WITH BACKGROUND AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF DEFENSE PERSONNEL. Section 925(k)(3) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended— (1) by redesignating subparagraphs (H) through (L) as sub- paragraphs (I) through (M), respectively; and (2) by inserting after subparagraph (G) the following new subparagraph (H): ‘‘(H) The number of denials or revocations of a security clearance by each authorized adjudicative agency that occurred separately from a periodic reinvestigation.’’. SEC. 938. RESEARCH AND DEVELOPMENT TO ADVANCE CAPABILITIES OF THE DEPARTMENT OF DEFENSE IN DATA INTEGRATION AND ADVANCED ANALYTICS IN CONNECTION WITH PER- SONNEL SECURITY. (a) P LAN R EQUIRED .—The Under Secretary of Defense for Intel- ligence shall develop a plan on research and development activities to advance the capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security activities of the Department. The plan shall, to the extent practicable, provide for the leveraging of the capabilities of other government entities, institutions of higher education, and private sector entities with advanced, leading-edge expertise in data integration and analytics applicable to the challenges faced by the Department in connection with personnel security. (b) C .—Any activities under the plan may be car- OORDINATION ried out in coordination with the Defense Digital Service and the Defense Innovation Board. (c) B RIEFING .—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall provide to the appropriate committees of Congress a briefing on the plan. (d) A PPROPRIATE C OMMITTEES OF C ONGRESS D EFINED .—In this section, the term ‘‘appropriate committees of Congress’’ means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intel- ligence of the House of Representatives.

306 H. R. 5515—306 Subtitle E—Other Matters SEC. 941. TRUSTED INFORMATION PROVIDER PROGRAM FOR NATIONAL SECURITY POSITIONS AND POSITIONS OF TRUST. ROGRAM EQUIRED .—Not later than 90 days after the (a) P R date of the enactment of this Act, the Security Executive Agent and the Suitability/Credentialing Executive Agent shall establish and implement a program (to be known as the ‘‘Trusted Information Provider Program’’) to share between and among agencies of the Federal Government and industry partners of the Federal Govern- ment relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce. RIVACY S AFEGUARDS .—The Security Executive Agent and (b) P the Suitability/Credentialing Executive Agent shall ensure that the program required by subsection (a) includes such safeguards for privacy as the Security Executive Agent and the Suitability/ Credentialing Executive Agent consider appropriate. (c) P I NFORMATION TO THE F EDERAL ROVISION OF OVERN - G MENT .—The program required by subsection (a) shall include requirements that enable Investigative Service Providers and agen- cies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy. R ECORDS .—The information and records NFORMATION AND (d) I considered under the program required by subsection (a) shall include the following: (1) Date and place of birth. (2) Citizenship or immigration and naturalization informa- tion. (3) Education records. (4) Employment records. (5) Employment or social references. (6) Military service records. (7) State and local law enforcement checks. (8) Criminal history checks. (9) Financial records or information. (10) Foreign travel, relatives or associations. (11) Social media checks. (12) Any other information or records relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility. (e) I MPLEMENTATION P LAN .— .—Not later than 90 days after the date N GENERAL (1) I of the enactment of this Act, the Security Executive Agent and the Suitability/Credentialing Executive Agent shall jointly submit to Congress a plan for the implementation of the pro- gram required by subsection (a). (2) E LEMENTS .—The plan required by paragraph (1) shall include the following:

307 H. R. 5515—307 (A) Mechanisms that address privacy, national secu- rity, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or adminis- trative action as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appro- priate to carry out or improve the program. (f) D EFINITIONS .—In this section: (1) The term ‘‘Security Executive Agent’’ means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note). (2) The term ‘‘Suitability/Credentialing Executive Agent’’ means the Director of the Office of Personnel Management acting as the Suitability/Credentialing Executive Agent in accordance with Executive Order 13467. SEC. 942. REPORT ON EXPEDITED PROCESSING OF SECURITY CLEAR- ANCES FOR MISSION-CRITICAL POSITIONS. N (a) I ENERAL .—Not later than 90 days after the date of G the enactment of this Act, the Security Executive Agent shall submit to Congress a report on the feasibility and advisability of, and existing barriers to, programs for expedited processing of security clearances for mission-critical positions, whether filled by Govern- ment or contract employees. (b) E LEMENTS .—The report under subsection (a) shall include the following: (1) Recommendations for the establishment by Government agencies of programs designed to prioritize processing of secu- rity clearances among their Government and contract employees seeking security clearances. (2) Proposed timeliness for the implementation of programs recommended pursuant to paragraph (1). (3) Recommendations for legislative or administrative actions to enable and improve programs of Government agen- cies for the expedited processing of security clearances for mis- sion-critical positions. (c) S ECURITY XECUTIVE A GENT D EFINED .—In this section, the E term ‘‘Security Executive Agent’’ means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note). SEC. 943. REPORT ON CLEARANCE IN PERSON CONCEPT. (a) R EPORT R EQUIRED .—Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to the appropriate committees of Congress a report on the requirements, feasibility, and advisability of implementing a clearance in person concept as described in subsection (b) for maintaining access to classified information. (b) C LEARANCE IN P ERSON C ONCEPT .— (1) I N GENERAL .—Implementation of a clearance in person concept as described in this subsection would permit an indi- vidual who has been granted a national security clearance to maintain eligibility for access to classified information, net- works, and facilities after the individual has separated from service to the Federal Government or transferred to a position that no longer requires access to classified information.

308 H. R. 5515—308 (2) R .—The concept described in ECOGNITION AS CURRENT paragraph (1) would also ensure that, unless otherwise directed by the Security Executive Agent, the individual’s security clear- ance would be recognized as current, regardless of employment status, with no further need for investigation or revalidation until the individual obtains a position requiring access to classi- fied information. (c) C ONTENTS .—The report required by subsection (a) shall address the following: (1) Requirements for continuous vetting. (2) Appropriate safeguards for privacy. (3) An appropriate funding model. (4) Fairness to small business concerns and independent contractors. (d) D .—In this section: EFINITIONS (1) The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intel- ligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term ‘‘Security Executive Agent’’ means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note). TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters 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. Audit of financial systems of the Department of Defense. Sec. 1005. Report on auditable financial statements. Sec. 1006. Transparency of accounting firms used to support Department of De- fense audit. Subtitle B—Naval Vessels and Shipyards Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel con- struction plans. Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund. Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National De- fense Sealift Fund. Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Reg- ister and other fleet inventory measures. Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels. Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers. Sec. 1017. Limitation on use of funds for retirement of hospital ships. Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual budget justification materials. Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options. Sec. 1020. Transfer of excess naval vessel to Bahrain. Subtitle C—Counterterrorism Sec. 1031. Definition of sensitive military operation. Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1033. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

309 H. R. 5515—309 Sec. 1034. 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. 1035. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle D—Miscellaneous Authorities and Limitations Sec. 1041. Strategic guidance documents within the Department of Defense. Sec. 1042. Notification on the provision of defense sensitive support. Sec. 1043. Coordinating United States response to malign foreign influence oper- ations and campaigns. Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agree- ment. Sec. 1045. Workforce issues for military realignments in the Pacific. Sec. 1046. Mitigation of operational risks posed to certain military aircraft by auto- matic dependent surveillance-broadcast equipment. Sec. 1047. Limitation on availability of funds for unmanned surface vehicles. Sec. 1048. Pilot program for Department of Defense controlled unclassified informa- tion in the hands of industry. Sec. 1049. Critical technologies list. Sec. 1050. Airborne Hazards and Open Burn Pit Registry. Sec. 1051. National Security Commission on Artificial Intelligence. Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1053. Guidance on the electronic warfare mission area and joint electro- magnetic spectrum operations. Subtitle E—Studies and Reports Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers. Sec. 1062. Improvement of annual report on civilian casualties in connection with United States military operations. Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat Teams. Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Ini- tiative. Sec. 1065. Limitation on use of funds for United States Special Operations Com- mand Global Messaging and Counter-Messaging platform. Sec. 1066. Comprehensive review of professionalism and ethics programs for special operations forces. Sec. 1067. Munitions assessments and future-years defense program requirements. Sec. 1068. Report on establishment of Army Futures Command. Sec. 1069. Report on cyber-enabled information operations. Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery. Sec. 1071. Report on an updated Arctic strategy. Sec. 1072. Report on use and availability of military installations for disaster re- sponse. Sec. 1073. Report on Department of Defense participation in Export Administration Regulations license application review process. Sec. 1074. Military aviation readiness review in support of the National Defense Strategy. Sec. 1075. Report on highest-priority roles and missions of the Department of De- fense and the Armed Forces. Subtitle F—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction. Sec. 1083. Modification of authority to transfer aircraft to other departments for wildfire suppression purposes. Sec. 1084. Improvement of database on emergency response capabilities. Sec. 1085. Disclosure requirements for United States-based foreign media outlets. Sec. 1086. United States policy with respect to freedom of navigation and over- flight. Sec. 1087. National Commission on Military Aviation Safety. Sec. 1088. Sense of Congress regarding the international borders of the United States. Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior committed on military installations. Sec. 1090. Recognition of America’s veterans. Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Con- fucius Institute.

310 H. R. 5515—310 Sec. 1092. Department of Defense engagement with certain nonprofit entities in support of missions of deployed United States personnel around the world. Subtitle A—Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY. UTHORITY O T RANSFER A UTHORIZATIONS .— T (a) A .—Upon determination by the Secretary of (1) A UTHORITY Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) L IMITATION .—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,500,000,000. (3) E XCEPTION FOR TRANSFERS BETWEEN MILITARY PER - SONNEL AUTHORIZATIONS .—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). IMITATIONS .—The authority provided by subsection (a) to (b) L transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) E FFECT ON UTHORIZATION A MOUNTS .—A transfer made A from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. OTICE TO ONGRESS .—The Secretary shall promptly notify C (d) N Congress of each transfer made under subsection (a). SEC. 1002. EXPERTISE IN AUDIT REMEDIATION. (a) T ECHNICAL C ORRECTIONS .— (1) E LIMINATION OF DUPLICATIVE SECTION NUMBERS .— N GENERAL .—Chapter 9A of title 10, United States (A) I Code, is amended by redesignating sections 251 through 254b as sections 240a through 240f, respectively. (B) C LERICAL AMENDMENTS .—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 251 through 254b and inserting the following new items: ‘‘240a. Audit of Department of Defense financial statements. ‘‘240b. Financial Improvement and Audit Remediation Plan. ‘‘240c. Audit: consolidated corrective action plan; centralized reporting system. ‘‘240d. Audits: audit of financial statements of Department of Defense components by independent external auditors. ‘‘240e. Audits: use of commercial data integration and analysis products in pre- paring audits. ‘‘240f. Audits: selection of service providers for audit services.’’.

311 H. R. 5515—311 (2) O .—Section 240b of title THER TECHNICAL CORRECTION 10, United States Code, as redesignated by paragraph (1), is amended in subsection (a)(2) by redesignating the second clause (iii) and clause (iv) as clauses (iv) and (v), respectively. R EQUIREMENTS FOR S (b) A B RIEFING ON DDITIONAL EMIANNUAL F INANCIAL I MPROVEMENT AND A UDIT R EMEDIATION THE LAN .— P Paragraph (2) of subsection (b) of section 240b of title 10, United States Code, as redesignated by subsection (a), is amended by adding at the end the following new sentence: ‘‘Such briefing shall include both the absolute number and percentage of personnel performing the amount of auditing or audit remediation services being performed by professionals meeting the qualifications described in section 240d(b) of this title.’’. DDITIONAL R (c) A R EQUIREMENTS .—Paragraph (1) of EPORTING such subsection is amended— (1) in subparagraph (B), by adding at the end the following new clauses: ‘‘(vii) If less than 50 percent of the auditing serv- ices or if less than 50 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) of this title, a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audits and audit remediation activities and an expla- nation of how the strategy complies with the policies expressed by Congress. ‘‘(viii) If less than 25 percent of the auditing serv- ices or if less than 25 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) of this title, a written certification that the staffing ratio complies with commercial best prac- tices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion.’’; and (2) by adding at the end the following new subparagraph: .— DDITIONAL REQUIREMENTS ‘‘(C) A ‘‘(i) U NCLASSIFIED FORM .—A description submitted pursuant to clause (vii) of subparagraph (B) or a certifi- cation submitted pursuant to clause (viii) of such subparagraph shall be submitted in unclassified form, but may contain a classified annex. ‘‘(ii) D ELEGATION .—The Secretary may not delegate the submission of a certification pursuant to clause (viii) of subparagraph (B) to any official other than the Deputy Secretary of Defense, the Chief Manage- ment Officer, or the Under Secretary of Defense (Comp- troller).’’. SEC. 1003. AUTHORITY TO TRANSFER FUNDS TO DIRECTOR OF NATIONAL INTELLIGENCE FOR CAPNET. During fiscal year 2019, the Secretary of Defense may transfer to the Director of National Intelligence, under the authority in section 1001 of this Act, an amount that does not exceed $2,000,000

312 H. R. 5515—312 to provide support for the operation of the classified network known as CAPNET. SEC. 1004. AUDIT OF FINANCIAL SYSTEMS OF THE DEPARTMENT OF DEFENSE. The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) or an appropriate official of a military department, shall ensure that each major implementation of, or modification to, a business system that contributes to financial information of the Department of Defense is reviewed by profes- sional accountants with experience reviewing Federal financial sys- tems to validate that such financial system will meet any applicable Federal requirements. The Secretary of Defense shall ensure that such accountants— (1) are provided all necessary data and records; and (2) report independently on their findings. SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATEMENTS. 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 ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. The report should not include information otherwise available in other reports to Congress. SEC. 1006. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT OF DEFENSE AUDIT. For all contract actions (including awards, renewals, and amendments) occurring more than 180 days after the date of the enactment of this Act, the Secretary of Defense shall require any accounting firm providing financial statement auditing or audit remediation services to the Department of Defense in support of the audit required under section 3521 of title 31, United States Code, to provide the Department with a statement setting forth the details of any disciplinary proceedings with respect to the accounting firm or its associated persons before any entity with the authority to enforce compliance with rules or laws applying to audit services offered by accounting firms. Subtitle B—Naval Vessels and Shipyards SEC. 1011. INCLUSION OF OPERATION AND SUSTAINMENT COSTS IN ANNUAL NAVAL VESSEL CONSTRUCTION PLANS. Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ‘‘(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.’’. SEC. 1012. PURCHASE OF VESSELS USING FUNDS IN NATIONAL DEFENSE SEALIFT FUND. Section 2218(f)(3) of title 10, United States Code, is amended— (1) in subparagraph (C)— (A) by striking ‘‘two’’ and inserting ‘‘seven’’; and (B) by striking ‘‘ships’’ and inserting ‘‘vessels’’;

313 H. R. 5515—313 (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph (E): ‘‘(E) The Secretary may not use the authority under this para- graph to procure more than two foreign constructed vessels unless the Secretary submits to Congress, by not later than the second week of February of the fiscal year during which the Secretary plans to use such authority, a certification that— ‘‘(i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new sealift vessels; and ‘‘(ii) of such new sealift vessels, the lead ship is anticipated to be delivered by not later than 2026.’’. SEC. 1013. PURCHASE OF VESSELS BUILT IN FOREIGN SHIPYARDS WITH FUNDS IN NATIONAL DEFENSE SEALIFT FUND. Section 2218(f)(3) of title 10, United States Code, as amended by section 1012, is further amended— (1) in subparagraph (F), as redesignated by such section 1012— (A) by striking ‘‘30 days after’’ and inserting ‘‘30 days before’’; (B) in clause (i), by inserting ‘‘proposed’’ before ‘‘date’’; (C) in clause (ii), by striking ‘‘was’’ and inserting ‘‘would be’’; and (D) by adding at the end the following new clause: ‘‘(viii) A detailed account of the criteria used to make the determination under subparagraph (B).’’; and (2) by inserting after subparagraph (F), as so redesignated, the following new subparagraph: ‘‘(G) The Secretary may not finalize or execute the final pur- chase of any vessel using the authority under this paragraph until 30 days after the date on which a report under subparagraph (E) is submitted with respect to such purchase.’’. SEC. 1014. DATE OF LISTING OF VESSELS AS BATTLE FORCE SHIPS IN THE NAVAL VESSEL REGISTER AND OTHER FLEET INVENTORY MEASURES. (a) I N G ENERAL .—Section 7301 of title 10, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) L ISTING AS B ATTLE F ORCE S HIP IN N AVAL V ESSEL R EG - ISTER .—A covered vessel may not be listed in the Naval Vessel Register or other fleet inventory measures as a battle force ship until the delivery date specified in subsection (a).’’. (b) D EFINITIONS .—Such section is further amended by striking subsection (d), as redesignated by subsection (a)(1) of this section, and inserting the following new subsection: ‘‘(d) D EFINITIONS .—In this section: ‘‘(1) The term ‘covered vessel’ means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy. ‘‘(2) The term ‘battle force ship’ means the following:

314 H. R. 5515—314 ‘‘(A) A commissioned United States Ship warship capable of contributing to combat operations. ‘‘(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.’’. SEC. 1015. TECHNICAL CORRECTIONS AND CLARIFICATIONS TO CHAPTER 633 OF TITLE 10, UNITED STATES CODE, AND OTHER PROVISIONS OF LAW REGARDING NAVAL VESSELS. B ASIN ; I NVESTIGATION OF H (a) M D ESIGNS .—Section ODEL ULL 7303 of title 10, United States Code, is amended by striking ‘‘(a) An office’’ and all that follows through ‘‘(b) The Secretary’’ and inserting ‘‘The Secretary’’. EPEAL OF U NDER - AGE V ESSELS .— ROVISION P (b) R N GENERAL .—Section 7295 of title 10, United States (1) I Code, is repealed: (2) C LERICAL AMENDMENTS .—The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7295. THER P ROVISIONS OF .— AW L (c) O (1) R EPEAL OF POLICY RELATING TO MAJOR COMBATANT VES - SELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY .— Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303; 10 U.S.C. 7291 note) is repealed. EPEAL OF ALTERNATIVE TECHNOLOGIES FOR FUTURE (2) R SURFACE .—Section 128 of the John Warner COMBATANTS National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2109; 10 U.S.C. 7291 note) is repealed. EPEAL OF PROVISION ON CONSIDERATION OF VESSEL (3) R LOCATION FOR AWARD OF LAYBERTH CONTRACTS FOR SEALIFT .—Section 375 of the National Defense Authorization VESSELS Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2385; 10 U.S.C. 7291 note) is repealed. EPEAL OF PROVISION ON REVITALIZATION OF UNITED (4) R STATES SHIPBUILDING INDUSTRY .—Section 1031 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2489; 10 U.S.C. 7291 note) is repealed. EPEAL OF FAST SEALIFT PROGRAM .—Section 1021 of (5) R the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2485; 10 U.S.C. 7291 note) is repealed. (6) R EPEAL OF OBSOLETE REQUIREMENT FOR REPORTS ON EFFECTS OF NAVAL SHIPBUILDING PLANS ON MARITIME INDUS - TRIES .—Section 1227 of the National Defense Authorization Act for Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2055; 10 U.S.C. 7291 note) is repealed. (7) R EPEAL OF PROHIBITION ON USE OF PUBLIC AND PRIVATE SHIPYARDS FOR CONVERSION , OVERHAUL , OR REPAIR WORK UNDER CERTAIN PROGRAMS .—Section 811 of the Department of Defense Appropriation Authorization Act, 1979 (Public Law 95–485; 92 Stat. 1624; 10 U.S.C. 7291 note) is repealed. - EPEAL OF OBSOLETE REQUIREMENT TO SUBMIT A FIVE (8) R YEAR NAVAL SHIP NEW CONSTRUCTION AND CONVERSION PRO - GRAM .—Section 808 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.

315 H. R. 5515—315 SEC. 1016. DISMANTLEMENT AND DISPOSAL OF NUCLEAR-POWERED AIRCRAFT CARRIERS. (a) I ENERAL .—Chapter 633 of title 10, United States Code, N G as amended by section 323, is further amended by adding after section 7320, as added by such section 323, the following new section: ‘‘§ 7321. Nuclear-powered aircraft carriers: dismantlement and disposal N ENERAL .—Not less than 90 days before the award G ‘‘(a) I of a contract for the dismantlement and disposal of a nuclear- powered aircraft carrier, or the provision of funds to a naval ship- yard for the dismantlement and disposal of a nuclear-powered air- craft carrier, the Secretary of the Navy shall submit to the congres- sional defense committees a report setting forth the following: ‘‘(1) A cost and schedule baseline for the dismantlement and disposal approved by the service acquisition executive of the Department of the Navy and the Chief of Naval Operations. ‘‘(2) A description of the regulatory framework applicable to the management of radioactive materials in connection with the dismantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory enforcement authority— ‘‘(A) a certification from that entity of its agreement to serve as the regulatory enforcement authority; and ‘‘(B) a description of the legal basis for the authority of that entity to serve as the regulatory enforcement authority. .—In the UPPLEMENTAL I NFORMATION W ITH B UDGETS ‘‘(b) S materials submitted to Congress by the Secretary of Defense in support of the budget of the President for a fiscal year (as submitted to Congress under section 1105(a) of title 31), the Secretary of the Navy shall include information on each dismantlement and disposal of a nuclear-powered aircraft carrier occurring or planned to occur during the period of the future-years defense program submitted to Congress with that budget. Such information shall include, by ship concerned, the following: ‘‘(1) A summary of activities and significant developments in connection with such dismantlement and disposal. ‘‘(2) If applicable, a detailed description of cost and schedule performance against the baseline for such dismantlement and disposal established pursuant to subsection (a), including a description of and explanation for any variance from such base- line. ‘‘(3) A description of the amounts requested, or intended or estimated to be requested, for such dismantlement and dis- posal for each of the following: ‘‘(A) Each fiscal year covered by the future-years defense program. ‘‘(B) Any fiscal years before the fiscal years covered by the future-years defense program. ‘‘(C) Any fiscal years after the end of the period of the future-years defense program. ‘‘(c) F UTURE - YEARS D EFENSE P ROGRAM D EFINED .—In this sec- tion, the term ‘future-years defense program’ means the future- years defense program required by section 221 of this title.’’.

316 H. R. 5515—316 (b) C A MENDMENT .—The table of sections at the begin- LERICAL ning of chapter 633 of such title, as amended by section 323, is further amended by adding at the end the following new item: ‘‘7321. Nuclear-powered aircraft carriers: dismantlement and disposal.’’. SEC. 1017. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF HOS- PITAL SHIPS. (a) L IMITATION .—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Navy may be obligated or expended to retire, prepare to retire, transfer, or place in storage any hospital ship. (b) W .—The Secretary of the Navy may waive the limita- AIVER tion in subsection (a) with respect to a hospital ship if the Secretary certifies to the congressional defense committees that the Secretary has— (1) identified a replacement capability, and the necessary quantity of systems, to meet all hospital ship requirements of the combatant commands that are currently being met by such hospital ship; (2) achieved initial operational capability of all systems described in paragraph (1); and (3) deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability in order to continue to meet or exceed all requirements of the combatant commands that are currently being met by such hospital ship. SEC. 1018. INCLUSION OF AIRCRAFT CARRIER REFUELING OVERHAUL BUDGET REQUEST IN ANNUAL BUDGET JUSTIFICATION MATERIALS. The Secretary of Defense shall include in the budget justifica- tion materials submitted to Congress by the Secretary in support of the budget of the President for fiscal year 2020 and each subse- quent fiscal year, as part of the budget request for Shipbuilding and Conversion, Navy, a detailed aircraft carrier refueling overhaul budget request, by hull number, including all funding requested for reactor power units and reactor components. SEC. 1019. BUSINESS CASE ANALYSIS OF READY RESERVE FORCE RECAPITALIZATION OPTIONS. (a) B USINESS C ASE A NALYSIS R EQUIRED .—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall, in consultation with the Administrator of the Maritime Administration and the Commander of United States Transportation Command, submit to the congressional defense committees a report setting forth a business case analysis of recapitalization options for the Ready Reserve Force. (b) E LEMENTS .—The business case analysis required by sub- section (a) shall include the following: (1) Each sealift capability area, and the associated capacity, for which Ready Reserve Force vessels are required to be recapi- talized through fiscal year 2048. (2) The categories of vessels being considered in each area specified pursuant to paragraph (1), including the following: (A) United States purpose-built vessels (such as Common Hull Auxiliary Multi-mission Platform).

317 H. R. 5515—317 (B) United States non-purpose built vessels (such as vessels formerly engaged in Jones Act trade). (C) Foreign-built vessels that participated in the Mari- time Security Program. (D) Foreign-built vessels that did not participate in the Maritime Security Program. (E) Foreign-designed, United States-built vessels. (3) For each category of vessel specified pursuant to para- graph (2), the following: (A) Anticipated availability of vessels within such cat- egory in the timeframe needed to meet United States Transportation Command sealift requirements. (B) Anticipated purchase price, if applicable. (C) Anticipated cost and scope of modernization. (D) Anticipated duration of modernization period. (E) Anticipated service life as a Ready Reserve Force vessel. (F) Anticipated military utility. (G) Ability of one such vessel to replace more than one existing Ready Reserve Force vessel. (4) A cost-benefit determination on the mix of capabilities and vessels identified pursuant to paragraphs (1) through (3) that could ensure United States Transportation Command sea- lift requirements are met through fiscal year 2048, which deter- mination shall include a comparison of the useful service life of each category of vessels specified pursuant to paragraph (2) with the costs of such category of vessels. SEC. 1020. TRANSFER OF EXCESS NAVAL VESSEL TO BAHRAIN. RANSFER BY (a) T RANT .—The President is authorized to G transfer to the Government of Bahrain the OLIVER HAZARD PERRY class guided missile frigate ex-USS ROBERT G. BRADLEY (FFG–49) on a grant basis under section 516 of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2321j). RANT N OT C OUNTED IN A NNUAL T OTAL OF T RANSFERRED (b) G E D EFENSE A RTICLES .—The value of the vessel transferred XCESS to the Government of Bahrain on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (c) C OSTS OF T .—Any expense incurred by the United RANSFER States in connection with the transfer authorized by this section shall be charged to the Government of Bahrain notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (d) R EPAIR AND R EFURBISHMENT IN U NITED S TATES S HIP - YARDS .—To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the Government of Bahrain have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard. XPIRATION OF A UTHORITY .—The authority to transfer a (e) E vessel under this section shall expire at the end of the three- year period beginning on the date of the enactment of this Act.

318 H. R. 5515—318 Subtitle C—Counterterrorism SEC. 1031. DEFINITION OF SENSITIVE MILITARY OPERATION. (a) I ENERAL .—Subsection (d) of section 130f of title 10, N G United States Code, is amended to read as follows: EFINED ILITARY ‘‘(d) S PERATION D M .—(1) Except as ENSITIVE O provided in paragraph (2), in this section, the term ‘sensitive mili- tary operation’ means— ‘‘(A) a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordina- tion with the armed forces that targets a specific individual or individuals; or ‘‘(B) an operation conducted by the armed forces in self- defense or in defense of foreign partners, including during a cooperative operation. ‘‘(2) For purposes of this section, the term ‘sensitive military operation’ does not include any operation conducted within Afghani- stan, Syria, or Iraq.’’. (b) C S OLLECTIVE - DEFENSE N OTIFICATION .—Such section is ELF further amended by adding at the end the following new subsection: ‘‘(f) C OLLECTIVE S ELF - DEFENSE N OTIFICATION R EQUIREMENT .— Not later than 48 hours after the date on which a foreign partner force has been designated as eligible for the provision of collective self-defense by the armed forces for the purposes of subsection (d)(1)(B), the Secretary of Defense shall provide to the congressional defense committees notice in writing of such designation.’’. (c) R EPORT .—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— (1) a list of any instance in which a member of the Armed Forces has engaged or been engaged by enemy forces, used self-defense, or provided collective self-defense of foreign partner forces in a country other than Afghanistan, Iraq, or Syria since December 26, 2013; and (2) a list of all foreign partner forces outside of Afghanistan, Iraq, and Syria for which the United States Armed Forces are authorized to provide collective self-defense. SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by inserting ‘‘or 2019’’ after ‘‘fiscal year 2018’’. SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES. No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer of or release to or within the United States, its terri- tories, or possessions Khalid Sheikh Mohammed or any other detainee who—

319 H. R. 5515—319 (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Depart- ment of Defense. SEC. 1034. 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. N G ENERAL .—No amounts authorized to be appropriated (a) I or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to construct or modify any facility in the United States, its territories, or posses- sions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) E XCEPTION .—The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Sta- tion, Guantanamo Bay, Cuba. (c) I NDIVIDUAL D ETAINED AT G UANTANAMO D EFINED .—In this section, the term ‘‘individual detained at Guantanamo’’ has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 92; 129 Stat. 971; 10 U.S.C. 801 note). SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows: (1) Libya. (2) Somalia. (3) Syria. (4) Yemen. Subtitle D—Miscellaneous Authorities and Limitations SEC. 1041. STRATEGIC GUIDANCE DOCUMENTS WITHIN THE DEPART- MENT OF DEFENSE. Section 113(g) of title 10, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following new paragraphs (2) through (4): ‘‘(2)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as ‘Defense

320 H. R. 5515—320 Planning Guidance’) establishing goals, priorities, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including— ‘‘(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs; ‘‘(ii) the force size and shape, force posture, defense capabili- ties, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by para- graph (1); ‘‘(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and ‘‘(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1). ‘‘(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. A comprehensive briefing on the guidance shall be provided to the congressional defense committees at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is produced. ‘‘(3)(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A) written guidance (to be known as ‘Contingency Planning Guidance’ or ‘Guidance for Employment of the Force’) on the preparation and review of contin- gency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military sup- port to civil authorities. ‘‘(B) The guidance required by this paragraph shall include the following: ‘‘(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1). ‘‘(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective. ‘‘(C) The guidance required by this paragraph shall include the following: ‘‘(i) Prioritized global, regional, and functional policy objec- tives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios. ‘‘(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners. ‘‘(iii) Guidance on global posture and global force manage- ment. ‘‘(iv) Security cooperation priorities.

321 H. R. 5515—321 ‘‘(v) Specific guidance on United States and Department nuclear policy. ‘‘(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in— ‘‘(i) executing the global military integration responsibilities described in section 153 of this title; and ‘‘(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant com- mands. ‘‘(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed. ‘‘(4)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committees, a report (to be known as the ‘Global Defense Posture Report’) that shall include the following: ‘‘(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department. ‘‘(ii) A description of the supporting network of infrastruc- ture, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Depart- ment. ‘‘(iii) A list of all enduring locations, including main oper- ating bases, forward operating sites, and cooperative security locations. ‘‘(iv) A description of the status of treaty, access, cost- sharing, and status-protection agreements with foreign nations. ‘‘(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands. ‘‘(vi) For each military department, a summary of the implications for overseas posture of any force structure changes. ‘‘(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with oper- ating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infra- structure, or transportation. ‘‘(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year. ‘‘(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subpara- graph (A) by not later than April 30 each year. ‘‘(C) In this paragraph, the term ‘United States’, when used in a geographic sense, includes the territories and possessions of the United States.’’. SEC. 1042. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT. Section 1055 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended— (1) in subsection (a)—

322 H. R. 5515—322 (A) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new paragraphs: ‘‘(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.’’; and (2) in subsection (b), by adding at the end the following new paragraph: EVERSE DEFENSE SENSITIVE SUPPORT REQUEST .—The ‘‘(4) R Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under para- graphs (1) and (3).’’. SEC. 1043. COORDINATING UNITED STATES RESPONSE TO MALIGN FOREIGN INFLUENCE OPERATIONS AND CAMPAIGNS. N G ENERAL .—Section 101 of the National Security Act (a) I of 1947 (50 U.S.C. 3021) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following new paragraph: ‘‘(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influ- ence operations and campaigns.’’; and (2) by adding at the end the following new subsections: OORDINATOR FOR C OMBATING M ALIGN F OREIGN I NFLUENCE ‘‘(g) C O C .— AMPAIGNS PERATIONS AND N GENERAL .—The President shall designate an ‘‘(1) I employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns. ‘‘(2) C ONGRESSIONAL BRIEFING .— ‘‘(A) I N GENERAL .—Not less frequently than twice each year, the employee designated under this subsection, or the employee’s designee, shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the employee des- ignated under this subsection. ‘‘(B) C OMMITTEES SPECIFIED .—The congressional committees specified in this subparagraph are the fol- lowing: ‘‘(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

323 H. R. 5515—323 ‘‘(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. M F OREIGN I NFLUENCE ‘‘(h) D PERATIONS ALIGN EFINITION OF O C AMPAIGNS .—In this section, the term ‘malign foreign influence AND operations and campaigns’ means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.’’. (b) S .— TRATEGY (1) I N GENERAL .—Not later than 9 months after the date of the enactment of this Act, the President, acting through the National Security Council, shall submit to the congressional committees specified in paragraph (2) a strategy to counter malign foreign influence operations and campaigns (as such term is defined in section 101(h) of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a)). (2) C OMMITTEES SPECIFIED .—The congressional committees specified in this paragraph are the following: (A) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committees on Armed Services, Foreign Rela- tions, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. EADLINE FOR A PPOINTMENT (c) D .—Not later than 180 days after the date of the enactment of this Act, the President shall designate the employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns pursuant to subsection (g)(1) of section 101 of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a)(2). SEC. 1044. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA MEMORANDA OF AGREEMENT. Section 47504(c)(2) of title 49, United States Code, is amended— (1) in subparagraph (D) by striking ‘‘and’’ at the end; (2) in subparagraph (E) by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project— ‘‘(i) consists of— ‘‘(I) replacement windows, doors, and the installa- tion of through-the-wall air conditioning units; or ‘‘(II) a contribution of the equivalent costs to be used for reconstruction if reconstruction is the pre- ferred local solution; ‘‘(ii) is located at a school near the airport; and ‘‘(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14,

324 H. R. 5515—324 Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.’’. SEC. 1045. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC. G .—Section 6(b) of the Joint Resolution entitled (a) I N ENERAL ‘‘A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America’, and for other purposes’’, approved March 24, 1976 (48 U.S.C. 1806(b)) is amended— (1) in paragraph (1), by amending subparagraph (B) to read as follows: ‘‘(B) H-2B WORKERS .—In the case of an alien described in subparagraph (A) who seeks admission under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise quali- fied, may, before December 31, 2023, be admitted under such section, notwithstanding the requirement of such sec- tion that the service or labor be temporary, for a period of up to 3 years— ‘‘(i) to perform service or labor on Guam or in the Commonwealth pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contact or subcontract for construction, repairs, renova- tions, or facility services that is directly connected to, or associated with, the military realignment occur- ring on Guam and in the Commonwealth; or ‘‘(ii) to perform service or labor as a health care worker (such as a nurse, physician assistant, or allied health professional) at a facility that jointly serves members of the Armed Forces, dependents, and civilians on Guam or in the Commonwealth, subject to the education, training, licensing, and other require- ments of section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)), as applicable, except that this clause shall not be construed to include graduates of medical schools coming to Guam or the Commonwealth to perform service or labor as members of the medical profession.’’; and (2) by amending paragraph (2) to read as follows: ‘‘(2) L OCATIONS .—Paragraph (1) does not apply with respect to the performance of services of labor at a location other than Guam or the Commonwealth.’’. (b) E FFECTIVE D ATE .—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 1046. MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN MILITARY AIRCRAFT BY AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST EQUIPMENT. (a) I N G ENERAL .—The Secretary of Transportation may not— (1) directly or indirectly require the installation of auto- matic dependent surveillance-broadcast (hereinafter in this sec- tion referred to as ‘‘ADS-B’’) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense; (2) deny or reduce air traffic control services in United States airspace or international airspace delegated to the

325 H. R. 5515—325 United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equip- ment; or (3) restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment. (b) T .—Subsection (a) shall cease to be effective ERMINATION on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional commit- tees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services. ULE OF (c) R ONSTRUCTION .—Nothing in this section may be C construed to— (1) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law; (2) vest in the Secretary of Transportation or the Adminis- trator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or (3) limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the effi- cient use of airspace. OTIFICATION EQUIREMENT .—The Secretary of Defense (d) N R shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3). EFINITIONS .—In this section: (e) D (1) The term ‘‘appropriate congressional committees’’ means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representa- tives, and the Committee on Commerce, Science, and Transpor- tation of the Senate. (2) The term ‘‘air traffic control services’’ means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information. (3) The term ‘‘special mission aircraft’’ means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk. SEC. 1047. LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED SURFACE VEHICLES. (a) L IMITATION .—Not more than 50 percent of the funds author- ized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for the Strategic Capabilities Office ghost fleet overlord unmanned surface vehicle program may be obligated or expended until the Undersecretary

326 H. R. 5515—326 of Defense for Research and Engineering, in coordination with the Secretary of the Navy, certifies to the congressional defense committees that— (1) such project accelerates development of the future unmanned surface vehicle program of the Navy; and (2) the desired procurement strategy for the ghost fleet overlord project is properly coordinated and not duplicative of the unmanned surface vehicle sea hunter program of the Navy. C ONSTRUCTION .—The limitation in subsection (a) (b) R ULE OF shall not be construed to apply to any other unmanned surface vehicle program of the Department of Defense other than the pro- gram element specified in such subsection. SEC. 1048. PILOT PROGRAM FOR DEPARTMENT OF DEFENSE CON- TROLLED UNCLASSIFIED INFORMATION IN THE HANDS OF INDUSTRY. (a) I G ENERAL .—The Secretary of Defense— N (1) shall establish and implement a pilot program for over- sight of designated Department of Defense controlled unclassi- fied information in the hands of defense contractors with foreign ownership, control, or influence concerns; and (2) may designate an entity within the Department to be responsible for the pilot program under paragraph (1). ROGRAM (b) P EQUIREMENTS .—The pilot program under sub- R section (a) shall have the following elements: (1) The use of a capability to rapidly identify companies subject to foreign ownership, control, or influence that are processing designated controlled unclassified information, including unclassified controlled technical information. (2) The use, in consultation with the Chief of Information Officer of the Department, of a capability or means for assessing industry compliance with Department cybersecurity standards. (3) A means of demonstrating whether and under what conditions the risk to national security posed by access to Department controlled unclassified information, including unclassified controlled technical information, by a company under foreign ownership, control, or influence company can be mitigated and how such mitigation could be enforced. RIEFING R EQUIRED .—By not later than 30 days after the (c) B completion of the pilot program under this section, but in no case later than December 1, 2019, the Secretary shall provide to the congressional defense committees a briefing on the results of the pilot program and any decisions about whether to implement the pilot program on a Department-wide basis. SEC. 1049. CRITICAL TECHNOLOGIES LIST. IST R EQUIRED .—The Secretary of Defense shall establish (a) L and maintain a list of acquisition programs, technologies, manufac- turing capabilities, and research areas that are critical for maintaining the national security technological advantage of the United States over foreign countries of special concern. The list shall be accompanied by a justification for inclusion of items on the list, including specific performance and technical figures of merit. (b) U SE OF L IST .—The Secretary may use the list required under subsection (a) to—

327 H. R. 5515—327 (1) guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment; (2) inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advan- tage of the United States and that are supportive of military requirements and strategies; (3) inform the Department’s activities to integrate acquisi- tion, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection; (4) inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appro- priate statutory authorities and programs; (5) identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and (6) carry out such other purposes as identified by the Secretary. UBLICATION .—The Secretary shall— (c) P (1) publish the list required under subsection (a) by not later than December 31, 2018; and (2) update such list at least annually. SEC. 1050. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY. DUCATION C AMPAIGN .—Beginning not later than one year (a) E after the date of the enactment of this Act, the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information. IT IRBORNE AZARDS AND O PEN B URN H R EGISTRY P (b) A D EFINED .—In this section, the term ‘‘Airborne Hazards and Open Burn Pit Registry’’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). SEC. 1051. NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTEL- LIGENCE. (a) E STABLISHMENT .— (1) I N GENERAL .—There is established in the executive branch an independent Commission to review advances in artificial intelligence, related machine learning developments, and associated technologies. REATMENT .—The Commission shall be considered an (2) T independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.

328 H. R. 5515—328 (3) D .—The Commission established under ESIGNATION paragraph (1) shall be known as the ‘‘National Security Commission on Artificial Intelligence’’. .— EMBERSHIP (4) M (A) C .—The Commission shall be composed OMPOSITION of 15 members appointed as follows: (i) The Secretary of Defense shall appoint 2 mem- bers. (ii) The Secretary of Commerce shall appoint 1 member. (iii) The Chairman of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member. (iv) The Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member. (v) The Chairman of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member. (vi) The Ranking Member of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member. (vii) The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member. (viii) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. (ix) The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (x) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (xi) The Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member. (xii) The Vice Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member. (xiii) The Chairman of the Permanent Select Com- mittee on Intelligence of the House of Representatives shall appoint 1 member. (xiv) The Ranking Member of the Permanent Select Committee Intelligence of the House of Rep- resentatives shall appoint 1 member. EADLINE FOR APPOINTMENT .—Members shall be (B) D appointed to the Commission under paragraph (1) not later than 90 days after the Commission establishment date. (C) E FFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE .—If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appoint- ments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. HAIR AND VICE CHAIR .—The Commission shall elect (5) C a Chair and Vice Chair from among its members. ERMS .—Members shall be appointed for the life of (6) T the Commission. A vacancy in the Commission shall not affect

329 H. R. 5515—329 its powers, and shall be filled in the same manner as the original appointment was made. (7) S TATUS AS FEDERAL EMPLOYEES .—Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. .— (b) D UTIES .—The Commission shall carry out the N GENERAL (1) I review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means nec- essary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. COPE OF THE REVIEW .—In conducting the review para- (2) S graph (1), the Commission shall consider the following: (A) The competitiveness of the United States in artifi- cial intelligence, machine learning, and other associated technologies, including matters related to national security, defense, public-private partnerships, and investments. (B) Means and methods for the United States to main- tain a technological advantage in artificial intelligence, machine learning, and other associated technologies related to national security and defense. (C) Developments and trends in international coopera- tion and competitiveness, including foreign investments in artificial intelligence, related machine learning, and com- puter science fields that are materially related to national security and defense. (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic and combined initiatives in artifi- cial intelligence, machine learning, and other associated technologies, to the extent that such efforts have applica- tion materially related to national security and defense. (E) Workforce and education incentives to attract and recruit leading talent in artificial intelligence and machine learning disciplines, including science, technology, engineering, and math programs. (F) Risks associated with United States and foreign country advances in military employment of artificial intel- ligence and machine learning, including international law of armed conflict, international humanitarian law, and escalation dynamics. (G) Associated ethical considerations related to artifi- cial intelligence and machine learning as it will be used for future applications related to national security and defense. (H) Means to establish data standards, and incentivize the sharing of open training data within related national security and defense data-driven industries. (I) Consideration of the evolution of artificial intel- ligence and appropriate mechanism for managing such technology related to national security and defense. (J) Any other matters the Commission deems relevant to the common defense of the Nation.

330 H. R. 5515—330 (c) R .— EPORTS NITIAL REPORT .—Not later than 180 days after the (1) I date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commis- sion may have for action by the executive branch and Congress related to artificial intelligence, machine learning, and associ- ated technologies, including recommendations to more effec- tively organize the Federal Government. (2) A .—Not later than one NNUAL COMPREHENSIVE REPORTS year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b). ORM OF REPORTS .—Reports submitted under this sub- (3) F section shall be made publically available, but may include a classified annex. UNDING .—Of the amounts authorized to be appropriated (d) F by this Act for fiscal year 2019 for the Department of Defense, not more than $10,000,000 shall be made available to the Commis- sion to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain avail- able until expended. ERMINATION .—The Commission shall terminate on October (e) T 1, 2020. .—In this section, EFINITION OF A RTIFICIAL I NTELLIGENCE (f) D the term ‘‘artificial intelligence’’ includes each of the following: (1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, commu- nication, or physical action. (3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks. (4) A set of techniques, including machine learning that is designed to approximate a cognitive task. (5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, commu- nicating, decision-making, and acting. SEC. 1052. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. (a) T RANSFER A UTHORITY .—Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Secretary of State, for use by the United States Agency for International Development, amounts to be used for the Bien Hoa dioxin cleanup in Vietnam. .—Not more than $15,000,000 may IMITATION ON A MOUNTS (b) L be transferred in fiscal year 2019 under the authority in subsection (a). (c) S OURCE OF F UNDS .—The Secretary of Defense may transfer funds appropriated to the Department of Defense for ‘‘Operation

331 H. R. 5515—331 and Maintenance, Defense-wide’’ under the authority in subsection (a). (d) A RANSFER A UTHORITY .—The transfer authority DDITIONAL T provided under subsection (a) is in addition to any other transfer authority available to the Department of Defense. SEC. 1053. GUIDANCE ON THE ELECTRONIC WARFARE MISSION AREA AND JOINT ELECTROMAGNETIC SPECTRUM OPERATIONS. P ROCESSES AND I NTEGRATION .—The Sec- (a) P ROCEDURES FOR retary of Defense shall— (1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the con- duct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and (2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such oper- ations by malign actors. (b) D ESIGNATED ENIOR O FFICIAL .— S (1) I N GENERAL .—The Secretary shall designate a senior official of the Department of Defense (hereinafter referred to as the ‘‘designated senior official’’), who shall implement and oversee the processes and procedures established under sub- section (a). The designated senior official shall be designated by the Secretary from among individuals serving in the Depart- ment as civilian employees or members of the Armed Forces who are, equivalent in grade or rank, at or below the level of Under Secretary of Defense. The designated senior official shall oversee the cross-functional team established pursuant to subsection (c) and serve as an ex-officio member of the Electronic Warfare Executive Committee established in March 2015. (2) R .—The designated senior official shall ESPONSIBILITIES have, with respect to the implementation and oversight of the processes and procedures established under subsection (a), the following responsibilities: (A) Overseeing the implementation of the strategy developed by the Electronic Warfare Executive Committee for the conduct and execution of the electronic warfare mission area and joint electromagnetic spectrum operations by the Department, coordinated across all relevant ele- ments of the Department, including both near-term and long-term guidance for the conduct of such operations. (B) Providing recommendations to the Electronic War- fare Executive Committee on resource allocation to support the capability development and investment in the electronic warfare and joint electromagnetic spectrum operation mis- sion areas. (C) Proposing electronic warfare governance, manage- ment, organizational, and operational reforms to Secretary of Defense, after review and comment by the Electronic Warfare Executive Committee. (3) A NNUAL CERTIFICATION ON BUDGETING FOR CERTAIN CAPABILITIES .—Each budget for fiscal years 2020 through 2024 submitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code, shall include the same

332 H. R. 5515—332 information that was required to be submitted annually under section 1053(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2459) for each of fiscal years 2011 through 2015 and an assessment by the senior designated official as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (A) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. (B) The establishment and operation of associated joint electromagnetic spectrum operations cells. ROSS - FUNCTIONAL T EAM FOR E LECTRONIC W .— ARFARE (c) C (1) E STABLISHMENT REQUIRED .—The Secretary shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional team for electronic warfare in order to identify gaps in electronic warfare and joint electromagnetic spectrum operations, capabilities, and capacities within the Department across per- sonnel, procedural, and equipment areas. PECIFIC DUTIES .—The cross-functional team estab- (2) S lished pursuant to paragraph (1) shall provide recommenda- tions to the senior designated official to address gaps identified as described in that paragraph. .— LANS AND R EQUIREMENTS FOR E LECTRONIC W ARFARE (d) P (1) I .—The Secretary shall require the des- N GENERAL ignated senior official to task the cross-functional team estab- lished pursuant to subsection (c) to develop requirements and specific plans for addressing personnel, capability, and capacity gaps in the electronic warfare mission area, and plans for future warfare in that domain (including maintaining a roadmap for the current future-years defense program under section 221 of title 10, United States Code). .—Not later than 180 days after PDATE OF STRATEGY (2) U the date of the enactment of this Act, and biennially thereafter, the Electronic Warfare Executive Committee, in coordination with the cross-functional team shall— (A) update the strategy of the Department of Defense entitled ‘‘The DOD Electronic Warfare Strategy’’ and dated June 2017, to include the roadmap developed by the cross- functional team pursuant to in paragraph (1); and (B) submit the updated strategy to the congressional defense committees. LEMENTS .—The requirements and plans and associated (3) E roadmap developed by the cross-functional team pursuant to paragraph (1) shall include the following: (A) An accounting of the efforts undertaken in support of the strategy referred to in paragraph (2)(A) and to imple- ment applicable elements of Department of Defense Direc- tive 3222.04, dated May 10, 2017, or any subsequent updates to such directive. (B) A description of any updates or changes to the strategy since its issuance, and a description of any antici- pated updates or changes to the strategy as a result of the designation of the designated senior official.

333 H. R. 5515—333 (C) An assessment of vulnerabilities identified in the May 2015 Electronic Warfare assessment by the Defense Science Board. (D) An assessment of the capability of joint forces to conduct joint electromagnetic spectrum operations against near-peer adversaries and any capability or capacity gaps in such capability that need to be addressed, including an assessment of the ability of joint forces to conduct coordinated military operations to exploit, attack, protect, and manage the electromagnetic environment in the signals intelligence, electronic warfare, and spectrum management mission areas, including the capability to con- duct integrated cyber and electronic warfare on the battle- field, for all level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled ‘‘Joint Planning’’ and dated June 16, 2017). (E) A review of the roles and functions of offices within the Joint Staff, the Office of the Secretary of Defense, and the combatant commands with primary responsibility for joint electromagnetic spectrum policy and operations. (F) A description of any assumptions about the roles and contributions of the Department, in coordination with other departments and agencies of the United States Government, with respect to the strategy. (G) A description of actions, performance metrics, and projected timelines for achieving key capabilities for elec- tronic warfare and joint electromagnetic spectrum oper- ations to correspond to the thematic goals identified in the strategy and as addressed by the roadmap. (H) An analysis of any personnel, resourcing, capa- bility, authority, or other gaps to be addressed in order to ensure effective implementation of the strategy across all relevant elements of the Department, including an update on each of the following: (i) The development of an electromagnetic battle management capability for joint electromagnetic spec- trum operations. (ii) The establishment and operation of joint electromagnetic spectrum operations cells at combatant command locations. (iii) The integration and synchronization of cyber and electromagnetic activities. (I) An investment framework and projected timeline for addressing any gaps described by subparagraph (H). (J) In consultation with the Director of the Defense Intelligence Agency— (i) comprehensive assessments of the electronic warfare capabilities of the Russian Federation and the People’s Republic of China, which shall include— (I) electronic warfare doctrine; (II) order of battle on land, sea, air, space, and cyberspace; and (III) expected direction of technology and research over the next 10 years; and (ii) a review of vulnerabilities with respect to elec- tronic systems, such as the Global Positioning System,

334 H. R. 5515—334 and Department-wide abilities to conduct counter- measures in response to electronic warfare attacks. (K) A review of the sufficiency of experimentation, testing, and training infrastructure, ranges, instrumenta- tion, and threat simulators required to support the develop- ment of electromagnetic spectrum capabilities. (L) A plan, and the estimated cost and schedule of implementing the plan, to conduct joint campaign modeling and wargaming for joint electromagnetic spectrum oper- ations. (M) Any other matters as the Secretary considers appropriate. ERIODIC STATUS REPORTS .—Not later than 90 days (4) P after the requirements and plans required by paragraph (1) are submitted in accordance with paragraph (2), and every 180 days thereafter during the three-year period beginning on the date such plans and requirements are first submitted in accordance with paragraph (2), the designated senior official shall submit to the congressional defense committees a report describing the status of the efforts of the Department in accom- plishing the tasks specified in subparagraphs (A) through (I) and (K) through (M) of paragraph (3). OMPREHENSIVE ASSESSMENTS AND REVIEW (5) C .—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the comprehensive assessments and review required under paragraph (3)(J). (e) T RAINING AND E DUCATION .—Consistent with the elements under subsection (d)(3) of the plans and requirements required by subsection (d)(1), the cross-functional team established pursuant to subsection (c) shall provide the senior designated official rec- ommendations for programs to provide training and education to such members of the Armed Forces and civilian employees of the Department as the Secretary considers appropriate in order to ensure that such members and employees understand the roles and vulnerabilities associated with electronic warfare and depend- ence on the electromagnetic spectrum. Subtitle E—Studies and Reports SEC. 1061. ANNUAL REPORTS BY THE ARMED FORCES ON OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS. (a) R EPORTS R EQUIRED .—Chapter 9 of title 10, United States Code, is amended by inserting after section 222b, as added by section 1677, the following new section: ‘‘§ 222c. Armed forces: Out-Year Unconstrained Total Muni- tions Requirements; Out-Year inventory numbers ‘‘(a) A NNUAL R EPORTS .—At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (b):

335 H. R. 5515—335 ‘‘(1) The Out-Year Unconstrained Total Munitions Require- ment. ‘‘(2) The Out-Year inventory numbers. ‘‘(b) P RESENTATION .—The Out-Year Unconstrained Total Muni- tions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of muni- tions with respect to each of the following: ‘‘(1) Combat Requirement, broken out by operation plan (OPLAN). ‘‘(2) Current Operation/Forward Presence Requirement. ‘‘(3) Strategic Readiness Requirement. ‘‘(4) Homeland Defense. ‘‘(5) Training and Testing Requirement. ‘‘(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (c). ‘‘(7) Out-year worldwide inventory. ‘‘(c) I MPLEMENTATION UIDANCE U SED .—In submitting informa- G tion pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year. ‘‘(d) D EFINITIONS .—In this section: ‘‘(1) The term ‘chief of staff’, with respect to the Marine Corps, means the Commandant of the Marine Corps. ‘‘(2) The term ‘Out-Year Unconstrained Total Munitions Requirement’ has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.’’. LERICAL A MENDMENT .—The table of sections at the begin- (b) C ning of chapter 9 of such title is amended by inserting after the item relating to section 222b, as added by section 1677, the following new item: ‘‘222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out- Year inventory numbers.’’. SEC. 1062. IMPROVEMENT OF ANNUAL REPORT ON CIVILIAN CASUAL- TIES IN CONNECTION WITH UNITED STATES MILITARY OPERATIONS. (a) M ODIFICATION AND E XPANSION OF E LEMENTS .—Subsection (b) of section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended— (1) in paragraph (1), by inserting ‘‘, including each specific mission, strike, engagement, raid, or incident,’’ after ‘‘military operations’’; (2) in paragraph (2)(E), by inserting before the period at the end the following: ‘‘, including a differentiation between those killed and those injured’’; (3) in paragraph (3), by inserting before the period at the end the following: ‘‘, and, when appropriate, makes ex gratia payments to the victims or their families’’; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new para- graph (5):

336 H. R. 5515—336 ‘‘(5) Any update or modification to any report under this section during a previous year.’’. (b) S NCLASSIFIED F ORM OF R EPORT .—Subsection (d) U COPE OF of such section is amended by adding at the end the following new sentence: ‘‘The unclassified form of each report shall, at a minimum, be responsive to each element under subsection (b) of a report under subsection (a), and shall be made available to the public at the same time it is submitted to Congress (unless the Secretary certifies in writing that the publication of such informa- tion poses a threat to the national security interests of the United States).’’. SEC. 1063. REPORT ON CAPABILITIES AND CAPACITIES OF ARMORED BRIGADE COMBAT TEAMS. N ENERAL .—Not later than 60 days after the date of (a) I G the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the capabilities and capacities of Armored Brigade Combat Teams. (b) E LEMENTS .—The report required under subsection (a) shall include the following: (1) A description of the total number of Armored Brigade Combat Teams required to support the National Defense Strategy. (2) A description of the manner in which the Army plans to equip and field future Armored Brigade Combat Teams. (3) A description of the total number of mechanized infantry companies required in support of the Armored Brigade Combat Teams. (4) A description of steps being taken to improve the number and quality of live-fire gunnery exercises executed each year, including improving execution of battalion and brigade- level combined arms live-fire exercises both at home station and at the Combat Training Centers. (5) A description of training being conducted to train Armored Brigade Combat Teams in combined arms for air defense and to counter unmanned aerial vehicles with organic weapons and tactics. (6) A plan to improve personnel preparedness by the reduc- tion of non-deployable soldiers and improvements in combat vehicle crew stability and material readiness of key combat systems. (7) A description of deficiencies in repair parts and number of qualified mechanics, and a plan to correct such deficiencies. (8) A plan for the modernization of the Armored Brigade Combat Teams. SEC. 1064. ACTIVITIES AND REPORTING RELATING TO DEPARTMENT OF DEFENSE’S CLOUD INITIATIVE. (a) A CTIVITIES R EQUIRED .—Commencing not later than 90 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense, acting through the Cloud Executive Steering Group established by the Deputy Secretary of Defense in a directive memorandum dated September 13, 2017, in order to support its Joint Enterprise Defense Infrastructure initiative to procure commercial cloud services, shall conduct certain key enabling activities as follows: (1) Develop an approach to rapidly acquire advanced commercial network capabilities, including software-defined

337 H. R. 5515—337 networking, on-demand bandwidth, and aggregated cloud access gateways, through commercial service providers in order— (A) to support the migration of applications and sys- tems to commercial cloud platforms; (B) to increase visibility of end-to-end performance to enable and enforce service level agreements for cloud serv- ices; (C) to ensure efficient and common cloud access; (D) to facilitate shifting data and applications from one cloud platform to another; (E) to improve cybersecurity; and (F) to consolidate networks and achieve efficiencies and improved performance; (2) Conduct an analysis of existing workloads that would be migrated to the Joint Enterprise Defense Infrastructure, including— (A) identifying all of the cloud initiatives across the Department of Defense, and determining the objectives of such initiatives in connection with the intended scope of the Infrastructure; (B) identifying all the systems and applications that the Department would intend to migrate to the Infrastruc- ture; (C) conducting rationalization of applications to iden- tify applications and systems that may duplicate the proc- essing of workloads in connection with the Infrastructure; and (D) as result of such actions, arriving at dispositions about migration or termination of systems and applications in connection with the Infrastructure. (b) R EPORT R EQUIRED .—The Chief Information Officer shall submit to the congressional defense committees a report on the Department of Defense’s Cloud Initiative to manage networks, data centers, and clouds at the enterprise level. Such report shall include each of the following: (1) A description the status of completion of the activities required under subsection (a). (2) Information relating to the current composition of the Cloud Executive Steering Group and the stakeholders relating to the Department of Defense’s Cloud Initiative and associated mission, objectives, goals, and strategy. (3) A description of the characteristics and considerations for accelerating the cloud architecture and services required for a global, resilient, and secure information environment. (4) Information relating to acquisition strategies and timeline for efforts associated with the Department of Defense’s Cloud Initiative, including the Joint Enterprise Defense Infra- structure. (5) A description of how the acquisition strategies referred to in paragraph (4) provides for a full and open competition, enable the Department of Defense to continuously leverage and acquire new cloud computing capabilities, maintain the ability of the Department to leverage other cloud computing vendor products and services, incorporate elements to maintain security, and provide for the best performance, cost, and schedule to meet the cloud architecture and services require- ments of the Department for the duration of such contract.

338 H. R. 5515—338 (6) A detailed description of existing workloads that will be migrated to enterprise-wide cloud infrastructure or platforms as a result of the Department of Defense’s Cloud Initiative, including estimated migration costs and timelines, based on the analysis required under subsection (a)(2). (7) A description of the program management and program office of the Department of Defense’s Cloud Initiative, including the number of personnel, overhead costs, and organizational structure. (8) A description of the effect of the Joint Enterprise Defense Infrastructure on and the relationship of such Infra- structure to existing cloud computing infrastructure, platform, and service contracts across the Department of Defense, specifi- cally the effect and relationship to the private cloud infrastruc- ture of the Department, MilCloud 2.0 run by the Defense Information Systems Agency based on the analysis required under subsection (a)(2). (9) Information relating to the most recent Department of Defense Cloud Computing Strategy and description of any initiatives to update such Strategy. (10) Information relating to Department of Defense guid- ance pertaining to cloud computing capability or platform acquisition and standards, and a description of any initiatives to update such guidance. (11) Any other matters the Secretary of Defense determines relevant. (c) L U SE OF IMITATION ON UNDS .—Of the amounts authorized F to be appropriated or otherwise made available by this Act for fiscal year 2019 for the Department of Defense’s Cloud Initiative, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report required by subsection (b). (d) L IMITATION ON EW S YSTEMS AND A PPLICATIONS .— N N GENERAL .—Except as provided in paragraph (2), the (1) I Deputy Secretary shall require that no new system or applica- tion will be approved for development or modernization without an assessment that such system or application is already, or can and would be, cloud-hosted. (2) W AIVER .—The Deputy Secretary may issue a national waiver to the requirement under paragraph (1) if the Deputy Secretary determines, pursuant to the assessment described in such paragraph, that the requirement would adversely affect the national security of the United States. If the Deputy Sec- retary issues a waiver under this paragraph, the Deputy Sec- retary shall provide to the congressional defense committees a written notification of such waiver, justification for the waiver, and identification of the system or application to which the waiver applies by not later than 15 days after the date on which the waiver is issued. (e) T RANSPARENCY AND C OMPETITION .—The Deputy Secretary shall ensure that the acquisition approach of the Department con- tinues to follow the Federal Acquisition Regulation with respect to competition.

339 H. R. 5515—339 SEC. 1065. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPE- CIAL OPERATIONS COMMAND GLOBAL MESSAGING AND COUNTER-MESSAGING PLATFORM. ; R EPORT .—None of the funds authorized to be (a) L IMITATION appropriated by this Act may be used for United States Special Operations Command’s Global Messaging and Counter-Messaging platform until the Secretary of Defense submits to the congressional defense committees a report containing the following elements: (1) The justification of the Secretary for the proposed des- ignation of the United States Special Operations Command as the entity responsible for establishing the centralized Global Messaging and Counter-Messaging capability. (2) A description of the proposed roles and responsibilities of the United States Special Operations Command as such entity. (3) An implementation plan for the establishment of the platform, including a timeline for achieving initial and full operational capability. (4) A description of the impacts to existing counter-mes- saging platforms, capabilities, and contracts. (5) A description of the budget requirements for the plat- form to reach full operational capability, including an identifica- tion and cost of any infrastructure and equipment require- ments. (6) A summary of costs to operate and sustain the platform across the future-years defense program under section 221 of title 10, United States Code. (7) A comprehensive plan for the continual assessment of the effectiveness of the Global Messaging and Counter-Mes- saging activities and programs. (8) An explanation of the Secretary’s guidance to the combatant commands to ensure unity of effort and prevent the proliferation of messaging and counter-messaging plat- forms. (9) A detailed description of the processes for deconfliction and, where possible, integration of platform planning and activi- ties with those of relevant departments and agencies of the United States Government, including the Global Engagement Center of the Department of State. (10) An identification of any additional authorities that may be required for achieving full operational capability of the platform. (11) A description of other actions, activities, and efforts taken to implement section 1637 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91). (12) Any other matters the Secretary determines are rel- evant. (b) A R EPORT R EQUIRED .—Not later than 9 months DDITIONAL after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report con- taining a review and assessment of the doctrine, organization, training, materiel, leadership and education, personnel, and facili- ties applicable to military information support personnel, including— (1) an assessment of current doctrine, organization, training, materiel, leadership and education, personnel, and facilities; and

340 H. R. 5515—340 (2) recommended changes for enhancing the ability of mili- tary information support personnel to operate effectively in the current and future information environment. SEC. 1066. COMPREHENSIVE REVIEW OF PROFESSIONALISM AND ETHICS PROGRAMS FOR SPECIAL OPERATIONS FORCES. EVIEW R EQUIRED (a) R .—The Secretary of Defense shall conduct a comprehensive review of the ethics programs and professionalism programs of the United States Special Operations Command and of the military departments for officers and other military personnel serving in special operations forces. LEMENTS OF THE R .—The review conducted under EVIEW (b) E subsection (a) shall specifically include a description and assessment of each of the following: (1) The professionalism and ethics standards of the United States Special Operations Command and affiliated component commands. (2) The ethics programs and professionalism programs of the military departments available for special operations forces. (3) The ethics programs and professionalism programs of the United States Special Operations Command and affiliated component commands. (4) The roles and responsibilities of the military depart- ments and the United States Special Operations Command and affiliated component commands in administering, over- seeing, managing, and ensuring compliance and participation of special operations forces in ethics programs and profes- sionalism programs, including an identification of— (A) any gaps in the administration, oversight, and management of such programs and in ensuring the compli- ance and participation in such programs; and (B) any additional guidance that may be required for a systematic, integrated approach in administering, over- seeing, and managing such programs and in ensuring compliance with and participation in such programs in order to address issues and improve adherence to profes- sionalism and ethics standards. (5) The adequacy of the existing management and oversight framework for ensuring that all ethics programs and profes- sionalism programs available to special operations forces meet Department standards. (6) Tools and metrics for identifying and assessing indi- vidual and organizational ethics and professionalism issues with respect to special operations forces. (7) Tools and metrics for assessing the effectiveness of existing ethics programs and professionalism programs in improving or addressing individual and organizational ethics- related and professionalism issues with respect to special oper- ations forces. (8) Any additional actions that may be required to address or improve individual and organizational ethics and profes- sionalism issues with respect to special operations forces. (9) Any additional actions that may be required to improve the oversight and accountability by senior leaders of ethics and professionalism-related issues with respect to special oper- ations forces.

341 H. R. 5515—341 (c) L D ELEGATION .—The Secretary of Defense may IMITATION ON only delegate responsibility for any element of the review required by subsection (a) to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with other appropriate offices of the Secretary of Defense and the secretaries of the military departments. .—The Secretary of UBMITTAL OF (d) D EVIEW EADLINE FOR S R Defense shall submit the review required by subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives by not later than March 1, 2019. EFINITIONS .—In this section: (e) D (1) The term ‘‘ethics program’’ means a program that includes— (A) compliance-based ethics training, education, initia- tive, or other activity that focuses on adherence to rules and regulations; and (B) values-based ethics training, education, initiative, or other activity that focuses on upholding a set of ethical principles in order to achieve high standards of conduct and incorporate guiding principles to help foster an ethical culture and inform decision-making where rules are not clear. (2) The term ‘‘professionalism program’’ means a program that includes training, education, initiative, or other activity that focuses on values, ethics, standards, code of conduct, and skills as related to the military profession. SEC. 1067. MUNITIONS ASSESSMENTS AND FUTURE-YEARS DEFENSE PROGRAM REQUIREMENTS. (a) R EQUIRED EPORTS .—Not later than March 1, 2019, and R annually thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees each of the following: (1) The most current munitions assessments, as defined by Department of Defense Instruction Number 3000.04, relating to the Department of Defense munitions requirements process. (2) The most current sufficiency assessments, as defined by such Department of Defense Instruction. (3) The most current approved memorandum of the Joint Requirements Oversight Council resulting from the munitions requirements process. (4) The planned funding and munitions requirements required for the first fiscal year beginning after the date of the submittal of the report and across the future-years defense program for munitions across all military departments and the Missile Defense Agency. (5) The planned foreign military sales and foreign military financing orders for United States munitions across the future- years defense program. (b) S UNSET .—The requirement to submit reports and assess- ments under this section shall terminate on December 31, 2021. (c) S UPPLY C HAIN A SSESSMENTS .—Beginning in fiscal year 2020, the Under Secretary shall evaluate supply chain risks, including qualified supplier shortages and single source supplier vulnerabilities for munitions production. The Under Secretary shall include in the reports required under subsection (a) for fiscal year

342 H. R. 5515—342 2020 and any subsequent fiscal year for which such reports are required to be submitted, a list of munitions that are at risk of production impacts from the loss of qualified suppliers. SEC. 1068. REPORT ON ESTABLISHMENT OF ARMY FUTURES COM- MAND. EPORT R EQUIRED (a) R .—Not later than February 1, 2019, the Secretary of the Army shall submit to the congressional defense committees a report on the Army’s plan for the establishment of Army Futures Command. ONTENTS OF R EPORT (b) C .—The report required by subsection (a) shall include each of the following: (1) A description of the mission of Army Futures Command. (2) A description of the authorities and responsibilities of the Commander of Army Futures Command. (3) A description of the relationship between such authori- ties and the authorities of the Army Acquisition Authority and a description of any changes to be made to the authorities and missions of other Army major commands. (4) A detailed description of the structure for Army Futures Command, including grade requirements. (5) A detailed description of any resources or elements to be realigned from the Army Training and Doctrine Com- mand, Army Materiel Command, Army Force Command, or Army Test and Evaluation Command to Army Futures Com- mand. (6) An assessment of the number and location of members of the Armed Forces and Department of Defense civilian per- sonnel expected to be assigned to Army Futures Command. (7) A cost estimate for the establishment of Army Futures Command in fiscal year 2019 and projected costs for each of fiscal years 2020 through 2023. (8) A description of the headquarters stationing selection criteria and methodology. (9) Any other information relating to the command, as determined by the Secretary. SEC. 1069. REPORT ON CYBER-ENABLED INFORMATION OPERATIONS. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committees on Armed Services and Foreign Affairs of the House of Representative and the Committees on Armed Services and Foreign Relations of the Senate a report on the effects of cyber-enabled information oper- ations on the national security of the United States. Such report shall include each of the following: (1) A summary of actions taken by the Federal Government to protect the national security of the United States against cyber-enabled information operations. (2) A description of the resources necessary to protect the national security of the United States against cyber-enabled information operations by foreign adversaries. SEC. 1070. REPORT ON UNMANNED AIRCRAFT IN ARLINGTON NATIONAL CEMETERY. (a) R EPORT .—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Adminis- trator of the Federal Aviation Administration shall jointly submit

343 H. R. 5515—343 to the Committee on Armed Services, the Committee on Transpor- tation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate a report on whether legislative action is required to prevent low flying unmanned aircraft from disrupting funerals at Arlington National Cemetery. (b) U IRCRAFT D NMANNED .—In this section, the term A EFINED ‘‘unmanned aircraft’’ has the meaning given such term in section 331(8) of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note). SEC. 1071. REPORT ON AN UPDATED ARCTIC STRATEGY. (a) R U PDATED S TRATEGY .—Not later than June EPORT ON AN 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on an updated Arctic strategy to improve and enhance joint operations. (b) E LEMENTS .—The report required by subsection (a) shall include the following: (1) A description of United States national security interests in the Arctic region. (2) An assessment of the threats and security challenges posed by adversaries operating in the Arctic region, including descriptions of such adversaries’ intents and investments in Arctic capabilities. (3) A description of the roles and missions of each military service in the Arctic region in the context of joint operations to support the Arctic strategy, including— (A) a description of a joint Arctic strategy for sea operations, including all military and Coast Guard vessels available for Arctic operations; (B) a description of a joint Arctic strategy for air oper- ations, including all rotor and fixed wing military aircraft platforms available for Arctic operations; and (C) a description of a joint Arctic strategy for ground operations, including all military ground forces available for Arctic operations. (4) A description of near-term and long-term training, capa- bility, and resource gaps that must be addressed to fully execute each mission described in the Arctic strategy against an increasing threat environment. (5) A description of the level of cooperation between the Department of Defense, any other departments and agencies of the United States Government, State and local governments, and tribal entities related to the defense of the Arctic region. R EPORT .—The report required by subsection (a) ORM OF (c) F shall be submitted in unclassified form, but may include a classified annex. SEC. 1072. REPORT ON USE AND AVAILABILITY OF MILITARY INSTALLA- TIONS FOR DISASTER RESPONSE. (a) R EPORT R EQUIRED .—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 that identifies— (1) each military installation that has been made available to the Department of Homeland Security for disaster response for the past 10 fiscal years; and

344 H. R. 5515—344 (2) military installations assessed to be available in support of fast response to disasters. LEMENTS .—The report required under subsection (a) shall (b) E include the following: (1) For each military installation identified under sub- section (a)(1)— (A) the name of the installation; (B) the location of the installation, including the State and Congressional District; (C) a description of the infrastructure and equipment made available at the installation; and (D) a description of personnel made available for dis- aster response. (2) For each military installation identified under sub- section (a)(2)— (A) the name of the installation; (B) the location of the installation, including the State and Congressional District; (C) a description of the infrastructure and equipment to be available at the installation; and (D) a description of personnel to be available for dis- aster response. SEC. 1073. REPORT ON DEPARTMENT OF DEFENSE PARTICIPATION IN EXPORT ADMINISTRATION REGULATIONS LICENSE APPLICATION REVIEW PROCESS. (a) I N G ENERAL .—Not later than 180 days after the enactment of this Act, and every 180 days thereafter until the date that is three years after such date of enactment, the Under Secretary of Defense for Policy shall submit to the appropriate congressional committees a report on the participation by the Department of Defense in the process for reviewing applications for export licenses under the Export Administration Regulations as a reviewing agency under Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls). LEMENTS .—The report required by subsection (a) shall (b) E include the following: (1) The number of applications for export licenses under the Export Administration Regulations reviewed by the Depart- ment of Defense in the 180-day period preceding the submission of the report. (2) The number of instances during that 180-day period in which the Department disagreed with a final determination made with respect to such an application under the review procedures set forth in Executive Order 12981. (3) A summary of such instances, including— (A) a summary of the applicants for such licenses and the recipients of items pursuant to such licenses in such instances; (B) a description of sensitive technologies involved in such instances; and (C) a description of the rationale of the Department for disagreeing with such determinations. (4) The number of such applications under review by the Department or undergoing interagency dispute resolution as of the date of the submission of the report.

345 H. R. 5515—345 (c) F .—The report required by subsection (a) shall be sub- ORM mitted in unclassified form but may include a classified annex. (d) D EFINITIONS .—In this section: (1) The term ‘‘appropriate congressional committees’’ means— (A) the congressional defense committees; (B) the Committee on Foreign Affairs of the House of Representatives; and (C) the Committee on Foreign Relations of the Senate. (2) The term ‘‘Export Administration Regulations’’ means subchapter C of chapter VII of title 15, Code of Federal Regula- tions. SEC. 1074. MILITARY AVIATION READINESS REVIEW IN SUPPORT OF THE NATIONAL DEFENSE STRATEGY. EPORT R (a) R .—Not later than one year after the date EQUIRED of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military aviation readiness in support of the National Defense Strategy (NDS). EVIEW FOR R EPORT P (b) R .— URPOSES (1) I N GENERAL .—The report under subsection (a) shall be based on a review conducted for purposes of the report in accordance with this section. (2) P ANEL .—The review shall be conducted by a panel consisting of the following: (A) The Commander of the Air Combat Command, who shall head the panel. (B) The Commander of the Army Aviation Branch. (C) The Commander, Naval Air Forces. (D) The Deputy Commandant of the Marine Corps for Aviation. (E) Such other personnel of the Department of Defense as the Secretary considers appropriate. EVIEW E LEMENTS .—The review required by subsection (b) (c) R shall address the following: (1) An analysis of the career progression of military pilots and non-pilot aviators, including a comparison between military pilot and non-pilot aviators, on the one hand, and other military specialities, on the other hand, with respect to each of the following: (A) Tours of duty. (B) Assignment lengths. (C) Minimum service commitments. (D) Professional performance evaluation systems. (E) Statutory and administrative promotion processes. (2) An analysis of aircrew aviation training for various aircraft platforms, including— (A) an historical analysis, covering the past 15 years, of first and second assignment total flight hours and model- specific flight hours for military pilots and non-pilot avi- ators; and (B) an analysis of the flight hour program in order to determine the appropriate level of required monthly flight hours and sorties to maintain currency (minimum safe level) and proficiency (minimum level to be tactically competent).

346 H. R. 5515—346 (3) An analysis of the effect of recent operational deploy- ments on the ability of military pilots and non-pilot aviators to build and maintain readiness for potential threats from a near-peer adversary, including— (A) a comparison of rates of simulator usage for mili- tary pilots and non-pilot aviators within and not within the pre-deployment training window; and (B) an assessment of the suitability of training cur- riculum to address high-end combat operations against a near-peer adversary. (4) An analysis of aviation squadron size and composition, including— (A) individual unit-level aircraft allocation; (B) aviation platform-specific force structure; and (C) quantity of squadrons within each aviation plat- form. (5) An analysis of aviation squadron manning documents on appropriate levels and composition of military pilots, non- pilot aviators, and non-aircrew for each squadron in support of the most current National Defense Strategy, including a consideration of— (A) appropriate levels and composition of military pilots, non-pilot aviators, and non-aircrew for each squadron in support of such National Defense Strategy; (B) flight-related workload compared with non-flight related workload for military pilots and non-pilot aviators; (C) the number of different aircraft platforms to which enlisted maintenance personnel are expected to be assigned throughout a typical career; and (D) career training milestones for enlisted maintenance personnel, and the effects of such milestones on military aviation readiness. (6) An analysis of logistics programs in support of military aviation readiness, including— (A) an evaluation of any shortfalls in logistics programs that serve as contributing factors to both military pilot retention and overall readiness of military aviation units; (B) an analysis of aircraft parts cannibalization rates; (C) a determination of average mission capable ratings for aircraft throughout the various stages of the deployment cycle; (D) an analysis of rates of reassignment of aircraft from non-deploying units to deploying units; and (E) an identification of individual aircraft communities, if any, with strained supply chains with single-source sup- pliers. SEC. 1075. REPORT ON HIGHEST-PRIORITY ROLES AND MISSIONS OF THE DEPARTMENT OF DEFENSE AND THE ARMED FORCES. (a) R R OLES AND M ISSIONS .— EPORT ON (1) R EPORT REQUIRED .—Not later than March 31, 2019, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a re-evaluation of the highest priority missions of the Department of Defense, and of the roles of the Armed Forces in the performance of such missions.

347 H. R. 5515—347 (2) G .—The goals of the re-evaluation required for OALS purposes of the report shall be as follows: (A) To support implementation of the National Defense Strategy. (B) To optimize the effectiveness of the joint force. (C) To inform the preparation of future defense pro- gram and budget requests by the Secretary, and the consid- eration of such requests by Congress. .—The report required by subsection (b) shall LEMENTS (b) E include the following: (1) A detailed description of the pacing threats for each Armed Force, and for special operations forces, and an assess- ment of the manner in which such pacing threats determine the primary role of each Armed Force, and special operations forces, including the connection between key operational tasks required by contingency plans. (2) A specific requirement for the size and composition of each Armed Force, including the following: (A) The required total end strength and force structure by type for the Army. (B) The required fleet size of the Navy, identified by class of ships and the corresponding total end strength requirement once that fleet size is achieved. (C) The required number of operational Air Force squadrons, identified by function and the corresponding total end strength requirement once that number of squad- rons is achieved. (D) The required total end strength and force structure by type for the Marine Corps. (3) An evaluation of the roles of the Armed Forces in performing low-intensity missions, such as counterterrorism and security force assistance. (4) An assessment of the roles of the total ground forces, both Army and Marine Corps, to execute the National Defense Strategy. (5) An assessment, based on operational plans, of the ability of power projection platforms to survive and effectively perform the highest priority operational missions described in the National Defense Strategy. (6) An assessment, based on operational plans, of the ability of manned, stealthy, penetrating strike platforms to survive and perform effectively the highest priority operational missions described in the National Defense Strategy. (7) An evaluation of the most effective and efficient means for the joint force to achieve air superiority in both contested and uncontested environments. (8) An evaluation of the roles of the joint special operations enterprise. (9) An assessment of the manner in which increased use of the space domain should revise or reallocate the requirements of the joint force. (10) An assessment of the manner in which the joint force will perform the mission of logistics in contested environments. (c) F ORM .—The report required in subsection (b) shall be sub- mitted in classified form, and shall include an unclassified sum- mary.

348 H. R. 5515—348 Subtitle F—Other Matters SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. .—Title 10, United States NITED S TATES C ODE 10, U (a) T ITLE Code, is amended as follows: (1) Sections 130j and 130k, as added by section 1631 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1736), are amended by striking ‘‘section 3093 of title 50, United States Code’’ both places it appears and inserting ‘‘section 503 of the National Security Act of 1947 (50 U.S.C. 3093)’’. (2) The table of sections at the beginning of chapter 3 is amended by striking the items relating to sections 130j and 130k and inserting the following new items: ‘‘130j. Notification requirements for sensitive military cyber operations. ‘‘130k. Notification requirements for cyber weapons.’’. (3) Section 131(b)(9), as amended by section 811, is further amended— (A) by striking subparagraphs (B), (C), and (D); and (B) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (B), (C), (D), and (E), respectively. (4) The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 261 and inserting the following: ‘‘241. Reference to chapters 1003, 1005, and 1007.’’. (5) Section 494(b)(2) is amended in the matter preceding subparagraph (A) by striking ‘‘March 1, 2012, and annually thereafter’’ and inserting ‘‘March 1 of each year’’. (6) Section 495(a) is amended by striking ‘‘Beginning in fiscal year 2013, the’’ and inserting ‘‘The’’. (7) Section 499a(d), as added by section 1652(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1757), is amended by striking ‘‘on or after the date of the enactment of this section’’ and inserting ‘‘after December 11, 2017,’’. (8) Section 637a(d) is amended by striking ‘‘specialities’’ and inserting ‘‘specialties’’. (9) Section 664(d)(1) is amended by striking ‘‘the the’’ and inserting ‘‘the’’. (10) The table of subchapters at the beginning of chapter 47A is amended by striking the item relating to subchapter VII and inserting the following: ‘‘ VII . POST - TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS ’’. (11) The table of sections at the beginning of subchapter VII of chapter 47A is amended by striking the item relating to section 950g and inserting the following: ‘‘950g. Review by United States Court of Appeals for the District of Columbia Cir- cuit; writ of certiorari to Supreme Court.’’. (12) Section 950t is amended— (A) in paragraph (9), by striking ‘‘attack. or’’ and inserting ‘‘attack, or’’; (B) in paragraph (16), by striking ‘‘shall punished’’ and inserting ‘‘shall be punished’’; and

349 H. R. 5515—349 (C) in paragraph (22), by adding a period at the end. (13) The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1077a and inserting the following: ‘‘1077a. Access to military medical treatment facilities and other facilities.’’. (14) Section 1415(e) is amended by striking ‘‘concerned’’. (15) Section 2006a(b)(3) is amended by striking ‘‘the such programs’’ and inserting ‘‘such programs’’. (16) Section 2279(c) is amended by striking ‘‘subsection (a) and (b)’’ and inserting ‘‘subsections (a) and (b)’’. (17) Section 2279c, as added by section 1601(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1718), is amended— (A) in subsection (a)(3), by striking ‘‘ the date of the enactment of this Act’’ and inserting ‘‘December 12, 2017’’; and (B) in subsection (b)— (i) in the matter preceding paragraph (1), by striking ‘‘ the date of the enactment of this section’’ and inserting ‘‘December 12, 2017’’; and (ii) in paragraph (3), by striking ‘‘on or after the date that is one year after the date of the enactment of this section’’ and inserting ‘‘after December 11, 2018’’. (18)(A) The second section 2279c, as added by section 1602 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1721), is redesignated as section 2279d. (B) The table of sections at the beginning of chapter 135 is amended by inserting after the item relating to section 2279c the following new item: ‘‘2279d. Limitation on construction on United States territory of satellite positioning ground monitoring stations of certain foreign governments.’’. (19) Section 2313b(b)(1)(E), as added by section 803(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1452), is amended by redesig- nating clauses (A) and (B) as clauses (i) and (ii), respectively. (20) Section 2337a(d), as added by section 836(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1473), is amended by striking ‘‘title 10, United States Code’’ and inserting ‘‘this title’’. (21) Section 2374a(e) is amended by striking ‘‘,,’’ and inserting ‘‘,’’. (22) The table of sections at the beginning of chapter 141 is amended by striking the item relating to section 2410s and inserting the following new item: ‘‘2410s. Security clearances for facilities of certain companies.’’. (23) The heading of section 2410s is amended by striking the period at the end. (24)(A) The heading of section 2414, as amended by section 817(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1462), is amended to read as follows:

350 H. R. 5515—350 ‘‘§ 2414. Funding’’. (B) The item relating to such section in the table of sections at the beginning of chapter 142 is amended to read as follows: ‘‘2414. Funding.’’. (25) Section 2613(g) is amended by striking ‘‘(1)’’. (26) Section 2679(a)(1) is amended by striking ‘‘Federal government’’ and inserting ‘‘Federal Government’’. (27) The heading of section 2691, as amended by section 2814(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended to read as follows: ‘‘§ 2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires’’. (28) Section 2879(a)(2)(A), as added by section 2817(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking ‘‘on or after the date of the enactment of this section’’ and inserting ‘‘after December 11, 2017,’’. (29) The heading of section 2914 is amended to read as follows: ‘‘§ 2914. Energy resilience and conservation construction projects’’. (30) Section 10504 is amended— (A) in subsection (a), by striking ‘‘The Chief’’ and inserting ‘‘(1) The Chief’’; and (B) by redesignating the second subsection (b) as sub- section (c). .—Title 32, United States ITLE 32, U NITED S TATES C ODE (b) T Code, is amended in section 902, by striking ‘‘the Secretary, deter- mines’’ and inserting ‘‘the Secretary determines’’. 2018.—Effective as of December F ISCAL Y EAR FOR (c) NDAA 12, 2017, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1284 et seq.) is amended as follows: (1) Section 834(a)(2) (131 Stat. 1470) is amended by striking ‘‘subchapter I of’’. (2) Section 913(b) is amended by striking the dash after the colon in the matter preceding paragraph (1). (3) Section 1051(d) is amended by inserting ‘‘National’’ before ‘‘Defense Authorization Act’’. (4) Section 1691(i) is amended— (A) by inserting ‘‘the’’ after ‘‘Title XIV of’’; and (B) by inserting ‘‘as enacted into law by’’ before ‘‘Public Law 106–398’’. (5) Section 2817(a)(2) is amended by striking ‘‘table of sections for’’ and inserting ‘‘table of sections at the beginning of subchapter IV of’’. (6) Section 2831(b) is amended by inserting ‘‘of title 10, United States Code,’’ after ‘‘chapter 173’’. (7) Section 2876(d) is amended— (A) by inserting ‘‘In this section:’’ after ‘‘D EFINITIONS .— ’’; and

351 H. R. 5515—351 (B) in paragraph (1)(A), in the matter preceding clause (i), by inserting open quotation marks before ‘‘beneficial’’ and close quotation marks after ‘‘owner’’. NDAA S .—Section 828(c) of the National Defense (d) O THER Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), as added by section 825(a)(4) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 91; 131 Stat. 1466), is amended by inserting ‘‘subsection’’ before ‘‘(b)’’. L (e) O .— THER AWS ITLE 31 .—Paragraph (1) of section 5112(p) of title 31, (1) T United States Code, as amended by section 885 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1505), is amended by striking ‘‘, United States Code’’ each place it appears. (2) T .—Subsection (h) of section 44718 of title 49, ITLE 49 United States Code, as amended and redesignated by sections 311(b)(3) and 311(e)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended— (A) in paragraph (1), by striking ‘‘section 183a(g) of title 10’’ and inserting ‘‘section 183a(h)(1) of title 10’’; and (B) in paragraph (2), by striking ‘‘section 183a(g) of title 10’’ and inserting ‘‘section 183a(h)(7) of title 10’’. (3) A TOMIC ENERGY DEFENSE ACT .—Section 4309(c) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)) is amended by redesignating paragraphs (17) and (18) as paragraphs (16) and (17), respectively. (f) C ONFORMING A MENDMENTS R ELATING TO THE C HIEF M ANAGEMENT FFICER OF THE D EPARTMENT OF D EFENSE .— O (1) C .— ONFORMING AMENDMENTS (A) Each of the following provisions law is amended by striking ‘‘Deputy Chief Management Officer’’ each place it appears and inserting ‘‘Chief Management Officer’’: (i) Section 192(e)(2) of title 10, United States Code. (ii) Section 2222 of title 10, United States Code. (iii) Section 11319(d)(4) of title 40, United States Code. (iv) Section 881(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). (v) Section 217 of the National Defense Authoriza- tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2445a note). (B) Section 131(b) of title 10, United States Code, as amended by subsection (a)(3) of this section, is further amended— (i) by striking paragraph (4); and (ii) by redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively. (C) Section 137a(d) of title 10, United States Code, is amended— (i) by striking ‘‘the Secretaries of the military departments,’’ and inserting ‘‘the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and’’; and (ii) by striking ‘‘, and the Deputy Chief Manage- ment Officer of the Department of Defense’’.

352 H. R. 5515—352 (D) Section 138(d) of title 10, United States Code, is amended— (i) by inserting ‘‘the Chief Management Officer of the Department of Defense,’’ after ‘‘the Deputy Sec- retary of Defense,’’; and (ii) by striking ‘‘the Deputy Chief Management Officer of the Department of Defense,’’. (E) Section 904(b)(4) the National Defense Authoriza- tion Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note.) is amended— (i) by striking ‘‘and Deputy Chief Management Officer’’; and (ii) by striking ‘‘as is necessary to assist those officials in the performance of their duties’’ and inserting ‘‘as is necessary to assist the Chief Manage- ment Officer in the performance of the duties assigned to such official’’. (F) Section 5314 of title 5, United States Code, is amended by striking ‘‘Deputy Chief Management Officer of the Department of Defense.’’. EFERENCES (2) R .— (A) I .—Any reference in a law N LAW OR REGULATION (other than this Act) or regulation in effect on the day before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense. N OTHER DOCUMENTS , PAPERS (B) I OR RECORDS .—Any , reference in a document, paper, or other record of the United States prepared before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a r