John S. McCain National Defense Authorization Act for Fiscal Year

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.

(a) I

ENERAL

.—This Act may be cited as the ‘‘John S. McCain

National Defense Authorization Act for Fiscal Year 2019’’.

(b) R

EFERENCES

.—Any reference in this or any other Act to

the ‘‘National Defense Authorization Act for Fiscal Year 2019’’ shall

be deemed to be a reference to the ‘‘John S. McCain National

Defense Authorization Act for Fiscal Year 2019’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) 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.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. 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.

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.

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.

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.

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.

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.

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.

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

ART

I—C

ONSOLIDATION OF

EFENSE

CQUISITION

TATUTES IN

ART

UBTITLE

ITLE

10, U

NITED

TATES

ODE

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

ART

II—R

EDESIGNATION OF

ECTIONS AND

HAPTERS OF

UBTITLES

B, C,

AND

ROVIDE

OOM FOR

ART

UBTITLE

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

ERTAIN

ROVISIONS OF

EFENSE

CQUISITION

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

ART

I—A

UTHORITY AND

DMINISTRATION OF

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.

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.

ART

II—A

NTI

-B

OYCOTT

CT OF

2018

Sec. 1771. Short title.

Sec. 1772. Statement of policy.

Sec. 1773. Foreign boycotts.

Sec. 1774. Enforcement.

ART

III—A

DMINISTRATIVE

UTHORITIES

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.

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.

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.

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.

H. R. 5515—23

Subtitle C—Coast Guard and Shipping Technical Corrections

HAPTER

1—C

OAST

UARD

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.

HAPTER

2—M

ARITIME

RANSPORTATION

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

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.

H. R. 5515—25

Subtitle B—Army Programs

SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT

REPORT.

(a) I

ENERAL

.—Section 10541(b) of title 10, United States

Code, is amended by adding at the end the following new paragraph:

‘‘(10) A joint assessment by the Chief of Staff of the Army

and the Chief of the National Guard Bureau on the efforts

of the Army to achieve parity among the active component,

the Army Reserve, and the Army National Guard with respect

to equipment and capabilities. Each assessment shall include

a comparison of the inventory of high priority items of 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.’’.

(b) E

FFECTIVE

ATE

.—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

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.

(b) D

EPLOYMENT

.—

(1) I

N GENERAL

.—If the Secretary of Defense certifies that

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

CHIEVEMENT OF DEPLOYMENT DEADLINES

.—In order

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;

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

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.

(3) A

UTHORITIES

.—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.

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.

(d) I

NTERIM

ISSILE

EFENSE

APABILITY

EFINED

.—In this

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

UTHORITY

.—

(1) P

ROCUREMENT AUTHORIZED

.—The Secretary of the Navy

may enter into one or more contracts, beginning with the fiscal

year 2019 program year, for the procurement of one Ford class

aircraft carrier to be designated CVN–81.

H. R. 5515—27

(2) P

ROCUREMENT IN CONJUNCTION WITH CVN

–

.—The air-

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).

(b) C

ERTIFICATION

EQUIRED

.—A contract may not be entered

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);

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.

SE OF

NCREMENTAL

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.

H. R. 5515—28

(d) L

IABILITY

.—A contract entered into under subsection (a)

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.

(e) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year is subject to the availability of appropriations for

that purpose for such fiscal year.

(f) M

ILESTONE

ECISION

UTHORITY

EFINED

.—In this section,

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

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—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 625 standard missile–6 missiles at a rate of not more than

125 missiles per year during the covered period.

(b) A

UTHORITY FOR

DVANCE

ROCUREMENT AND

CONOMIC

RDER

UANTITY

.—The Secretary may enter into one or more con-

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

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year after fiscal year 2019 is subject to the availability

of appropriations or funds for that purpose for such later fiscal

year.

(d) C

OVERED

ERIOD

EFINED

.—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.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—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.

H. R. 5515—29

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year after fiscal year 2019 is subject to the availability

of appropriations for that purpose for such later fiscal year.

SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E/F AIR-

CRAFT AND EA–18G AIRCRAFT.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—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

the following:

(1) F/A–18E/F aircraft.

(2) EA–18G aircraft.

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year after fiscal year 2019 is subject to the availability

of appropriations or funds for that purpose for such later fiscal

year.

UTHORITY FOR

DVANCE

ROCUREMENT AND

CONOMIC

RDER

UANTITY

.—The Secretary of the Navy may enter into one

or more contracts, beginning in fiscal year 2019, for advance

procurement associated with the aircraft for which authorization

to enter into a multiyear procurement contract is provided under

subsection (a), which may include one or more contracts for the

procurement of economic order quantities of material and equipment

for such aircraft.

SEC. 127. MODIFICATIONS TO F/A–18 AIRCRAFT TO MITIGATE PHYSIO-

LOGICAL EPISODES.

(a) M

ODIFICATIONS

EQUIRED

.—The Secretary of the Navy shall

modify the F/A–18 aircraft to reduce the occurrence of, and mitigate

the risk posed by, physiological episodes affecting crewmembers

of the aircraft. The modifications shall include, at minimum—

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

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

system;

(3) redesign of the F/A–18 aircraft life support systems

required to meet onboard oxygen generation system input speci-

fications; and

(4) installation of equipment associated with improved F/

A–18 physiological monitoring and alert systems.

(b) R

EPORT

EQUIRED

.—Not later than February 1, 2019, and

annually thereafter through February 1, 2021, the Secretary of

the Navy shall submit to the congressional defense committees

a written update on the status of all modifications to the F/A–

18 aircraft carried out by the Secretary pursuant to subsection

(a).

AIVER

.—The Secretary of the Navy may waive the require-

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.

H. R. 5515—30

SEC. 128. FRIGATE CLASS SHIP PROGRAM.

(a) I

ENERAL

.—As part of the solicitation for proposals for

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

ECHNICAL

ATA

EFINED

.—In this section, the term ‘‘tech-

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:

‘‘(d) C

ONTRACT

EQUIREMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary of the Navy shall ensure

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.

(b) W

AIVER

.—The Secretary of the Navy may waive the prohibi-

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.

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.

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.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2019 for

the M27 Infantry Automatic Rifle program of the Marine Corps,

not more than 80 percent may be obligated or expended until

the date on which the Commandant of the Marine Corps submits

to the Committees on Armed Services of the Senate and the House

of Representatives the assessment described in subsection (b).

(b) A

SSESSMENT

.—The assessment described in this subsection

is a written summary of the views of the Marine Corps with

respect to the Small Arms Ammunition Configuration Study of

the Army, including—

(1) an explanation of how the study informs the future

small arms modernization requirements of the Marine Corps;

and

(2) near-term and long-term modernization strategies for

the small arms weapon systems of the Marine Corps, including

associated funding and schedule profiles.

SEC. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG–51

DESTROYERS.

(a) R

EPORT

EQUIRED

.—Not later than February 1, 2019, the

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

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

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

IMITATION ON

ETIREMENT OF

KC–10A.—

(1) I

N GENERAL

.—None of the funds authorized to be appro-

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.

(2) E

XCEPTION FOR CERTAIN AIRCRAFT

.—The requirement

of paragraph (1) does not apply to individual KC–10A aircraft

that the Secretary of the Air Force determines, on a case-

by-case basis, to be non-operational because of mishaps, other

damage, or being uneconomical to repair.

SEC. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR C–130J AIR-

CRAFT PROGRAM.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

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

GREEMENT

ESCRIBED

.—The agreement described in this

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

DVANCE

ROCUREMENT AND

CONOMIC

RDER

UANTITY

.—The Secretary of the Air Force may enter into

one or more contracts for advance procurement associated with

the C–130J aircraft, including economic order quantity, for which

authorization to enter into a multiyear procurement contract is

provided under subsection (a).

H. R. 5515—33

(d) C

ONDITION FOR

-Y

EAR

ONTRACT

AYMENTS

.—A con-

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

REATMENT OF

ISCAL

EAR

2018 A

IRCRAFT

.—The multiyear

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.

(a) I

ENERAL

.—For purposes of the application of section

2244a of title 10, United States Code, the retirement date of the

covered aircraft is deemed to be not later than December 31, 2025.

(b) C

OVERED

IRCRAFT

EFINED

.—In this section, the term

‘‘covered aircraft’’ means the two VC–25A aircraft of the Air Force

that are in service as of the date of the enactment of this Act.

SEC. 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

ERTIFICATION

EQUIRED

.—The Secretary of the Air Force

shall submit to the congressional defense committees certification

that, as of the date of the certification—

(1) the supplemental type certification and the military

type certification for the KC–46A aircraft have been approved;

and

(2) the Air Force has accepted the delivery of the first

KC–46A aircraft.

(b) L

IMITATION ON

SE OF

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.

H. R. 5515—34

SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT

OF E–8 JSTARS AIRCRAFT.

(a) L

IMITATION ON

VAILABILITY OF

UNDS FOR

ETIREMENT

.—

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.

(b) E

XCEPTION

.—The limitation in subsection (a) shall not apply

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.

ERTIFICATION

EQUIRED

.—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.

(d) GAO R

EPORT AND

RIEFING

.—

(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;

(D) any risk assessments associated with the capa-

bility; and

(E) the overall acquisition strategy for the capability.

H. R. 5515—35

(2) I

NTERIM BRIEFING

.—Not later than March 1, 2019, the

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

EPORT

.—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

ORCE

RESENTATION

EQUIREMENT

.—

(1) I

N GENERAL

.—Beginning not later than October 1, 2020,

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

ORCE

RIEFING

EQUIREMENT

.—Beginning not later

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

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;

(D) engine replacement;

(E) future weapons and targeting capability; and

(F) mission planning systems.

H. R. 5515—36

Subtitle E—Defense-wide, Joint, and

Multiservice Matters

SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER

VESSELS.

(a) P

ROCUREMENT

UTHORITY

.—

(1) I

N GENERAL

.—In addition to the icebreaker vessel

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

ONDITION FOR OUT

YEAR CONTRACT PAYMENTS

.—A con-

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.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

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

ERTIFICATION

EQUIRED

.—Not later than 15 days before

entering into a contract for the procurement of a covered aircraft,

the Secretary concerned shall submit to the congressional defense

committees a written statement certifying that the aircraft to be

procured under the contract will include the most recent 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

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.

ERMINATION

.—The requirement to submit a certification

under subsection (a) shall terminate on September 30, 2021.

(d) D

EFINITIONS

.—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

MPLEMENTATION OF

GAO R

ECOMMENDATIONS

.—In accord-

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).

(b) B

RIEFING

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense shall

provide to the congressional defense committees a briefing on the

progress of the Secretary in implementing Department of Defense

Instruction O–2000.16 Volume 1, dated November 2016, with

respect to armored commercial passenger-carrying vehicles,

including—

(1) whether criteria for the procurement of such vehicles

have been established and distributed to the relevant 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

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.

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;

(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.

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

H. R. 5515—40

Secretary of Defense for Research and Engineering

or the Under Secretary of Defense for Acquisition and

Sustainment’’;

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

ROHIBITION

.—None of the funds authorized to be appro-

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.

(b) R

EPORT

EQUIRED

.—

H. R. 5515—41

(1) I

N GENERAL

.—The Secretary of the Air Force shall

submit to the congressional defense committees a report on

technologies and capabilities that—

(A) provide real-time or near real-time meteorological

situational awareness data through the use of sensors

installed on manned and unmanned aircraft; and

(B) were developed primarily using funds of the 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;

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.

(a) L

IMITATION

.—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

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

(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.

(d) F

UNDS

ESCRIBED

.—The funds described in this subsection

are the following:

(1) Funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2019 for research,

development, test, and evaluation, Air Force, for Air and Space

Operations Centers (PE 0207410F, Project 674596).

(2) Funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2019 for other 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

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.

H. R. 5515—43

SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE

DEPARTMENT OF DEFENSE.

(a) P

LAN

EQUIRED

.—Not later than March 1, 2019, the Sec-

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

LEMENTS

.—The plan required under subsection (a) shall

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;

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.

UNCTIONS

ESCRIBED

.—The key functions described

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

LAN

.—The plan required under subsection (a)

shall be submitted in unclassified form, but may include a classified

annex.

H. R. 5515—44

SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY.

(a) A

NNUAL

TRATEGY

.—

(1) I

N GENERAL

.—Not later than February 4, 2019, the

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;

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.

(3) A

NNUAL UPDATES

.—Not less frequently than once each

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’’.

H. R. 5515—45

(b) A

SSESSMENT AND

ECOMMENDATIONS

.—

(1) I

N GENERAL

.—Not later than February 4, 2019, the

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.

(2) M

AJOR ELEMENTS OF THE DEFENSE RESEARCH AND

ENGINEERING ENTERPRISE

.—The major elements of the defense

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.

(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.

(3) C

ONSULTATION AND COMMENTS

.—In making rec-

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.

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

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.

(b) M

AINTENANCE OF

NFORMATION

EPOSITORY

.—The Under

Secretary of Defense for Research and Engineering shall maintain

the information repository and ensure that it is periodically

updated.

LEMENTS OF

NFORMATION

EPOSITORY

.—The information

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;

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

SE OF

NFORMATION

EPOSITORY

.—After the information

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

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.

(a) C

OLLABORATION

.—The Secretary of Defense may carry out

activities to prioritize innovative collaboration between Department

of Defense science and technology reinvention laboratories, industry,

and academia.

(b) O

PEN

AMPUS

ROGRAM

.—In carrying out subsection (a),

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

ENERAL

.—Chapter 139 of title 10, United States Code,

is amended by inserting before section 2358 the following new

section:

‘‘§ 2357. Technology protection features activities

‘‘(a) A

CTIVITIES

.—The Secretary of Defense shall carry out

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

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

LERICAL

MENDMENT

.—The table of sections at the begin-

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

EPEAL

.—Section 243 of the Ike Skelton

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

N GENERAL

.—Chapter 139 of title 10, United States

Code, is amended by inserting after section 2359 the following

new section:

‘‘§ 2359a. Defense Research and Development Rapid Innova-

tion Program

‘‘(a) P

ROGRAM

STABLISHED

.—(1) The Secretary of Defense shall

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.

‘‘(b) G

UIDELINES

.—The Secretary shall issue guidelines for the

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

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.

‘‘(c) T

REATMENT

URSUANT TO

ERTAIN

ONGRESSIONAL

ULES

.—Nothing in this section shall be interpreted to require

or enable any official of the Department of Defense to provide

funding under this section to any earmark as defined pursuant

to House Rule XXI, clause 9, or any congressionally directed

spending item as defined pursuant to Senate Rule XLIV, paragraph

‘‘(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

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

ONFORMING

MENDMENTS

.—

(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

EPEAL OF OLD TABLE OF CONTENTS ITEM

.—The table

of contents in section 2(b) of such Act is amended by striking

the item relating to section 1073.

SEC. 225. PROCEDURES FOR RAPID REACTION TO EMERGING TECH-

NOLOGY.

(a) R

EQUIREMENT TO

STABLISH

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

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

LEMENTS

.—The procedures prescribed under subsection

(a) shall include the following:

(1) A process for streamlined communications between the

Under Secretary, the Joint Chiefs of Staff, the commanders

of the combatant commands, the science and technology 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

based on information obtained pursuant to subparagraphs

(A) and (B).

RIEFING

.—Not later than 180 days after the date of the

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

CTIVITIES

EQUIRED

.—During calendar year 2019, the Sec-

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.

H. R. 5515—51

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.

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

.—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.

(d) C

ERTAIN

REATMENT OF

CTIVITIES

.—Any activities under

this section shall be deemed to have been through the use of

competitive procedures for the purposes of section 2304 of title

10, United States Code.

(e) O

GOING

SSESSMENT

OLLOWING

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

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).

(f) R

EPORT

.—Not later than December 1, 2019, the Secretary

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.

(g) F

UNDING

.—Of the amount authorized to be appropriated

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

CTIVITIES

EQUIRED

.—The Secretary of Defense shall

develop and provide for the carrying out of human factors modeling

and simulation activities designed to do the following:

(1) Provide warfighters and civilians with personalized

assessment, education, and training tools.

(2) Identify and implement effective ways to interface and

team warfighters with machines.

(3) Result in the use of intelligent, adaptive augmentation

to enhance decision making.

(4) Result in the development of techniques, technologies,

and practices to mitigate critical stressors that impede

warfighter and civilian protection, sustainment, and perform-

ance.

(b) P

URPOSE

.—The overall purpose of the activities shall be

to accelerate research and development that enhances capabilities

for human performance, human-systems integration, and training

for the warfighter.

ARTICIPANTS IN

CTIVITIES

.—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.’’.

H. R. 5515—53

SEC. 229. ADVANCED MANUFACTURING ACTIVITIES.

(a) D

ESIGNATION

.—The Under Secretary of Defense for Acquisi-

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

GREEMENTS AND

ARTNERSHIPS

.—

(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;

protections into advanced manufacturing tools and tech-

niques; and

(D) support of necessary workforce development.

(d) A

UTHORITIES

.—In carrying out this section, the Under Secre-

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.

H. R. 5515—54

(7) Such other authorities as the Under Secretaries con-

siders appropriate.

SEC. 230. NATIONAL SECURITY INNOVATION ACTIVITIES.

(a) E

STABLISHMENT

.—The Under Secretary of Defense for

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.

(b) E

LEMENTS

.—The activities required by subsection (a) shall

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

ERSONNEL AND

ESOURCES

.—

(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.

(2) C

ERTIFICATION

.—The Under Secretary may only make

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

ONPROFIT

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.

(2) E

LEMENTS

.—The plan required by paragraph (1) shall

include the following:

(A) A description of the additional authorities needed

to carry out the activities set forth in subsection (b).

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.

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.

(g) N

OTICE

EQUIRED

.—Not later than 15 days before the date

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):

‘‘(f) U

SE OF

ARTNERSHIP

NTERMEDIARIES TO

ROMOTE

EFENSE

ESEARCH AND

DUCATION

.—(1) Subject to the approval

of the Secretary or the head of the another department or agency

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.

(a) L

IMITATION

.—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.

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.

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.

(a) E

STABLISHMENT

.—The Secretary of Defense shall carry out

a quantum information science and technology research and

development program.

(b) P

URPOSES

.—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.

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;

H. R. 5515—58

(B) development of defense related quantum computing

algorithms;

(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.

(d) R

EPORT

.—

(1) I

N GENERAL

.—Not later than December 31, 2020, the

Secretary shall submit to the congressional defense committees

a report on the program, in both classified and unclassified

format.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

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.

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.

H. R. 5515—59

SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES.

(a) T

EST

CTIVITIES

.—The Under Secretary of Defense for

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.

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

RIORITIZATION OF

FFORT

.—In developing and coordinating

testing activities pursuant to subsection (a), the Under Secretary

shall prioritize efforts consistent with the following:

(1) Paragraphs (2) through (5) of section 219(a) of the

National Defense Authorization Act for Fiscal Year 2017 (10

U.S.C. 2431 note).

(2) Enabling the standardized collection and evaluation

of testing data to establish testing references and benchmarks.

(3) Concentrating sufficient personnel expertise of directed

energy weapon systems in order to validate the effectiveness

of new weapon systems against a variety of targets.

(4) Consolidating modern state-of-the-art testing 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

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’’.

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

N GENERAL

.—The Secretary of Defense shall establish

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

MPHASIS

.—The set of activities established under para-

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.

(b) D

ESIGNATION

.—Not later than one year after the date of

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.

UTIES

.—The duties of the official designated under sub-

section (b) shall include the following:

(1) S

TRATEGIC PLAN

.—Developing a detailed strategic plan

to develop, mature, adopt, and transition artificial intelligence

technologies into operational use. Such plan shall include the

following:

(A) A strategic roadmap for the identification and

coordination of the development and fielding of artificial

intelligence technologies and key enabling capabilities.

(B) The continuous evaluation and adaptation of 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;

in the Department and the military departments to opti-

mize the use of artificial intelligence and machine learning

technologies to meet Department missions;

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.

(3) G

OVERNANCE AND OVERSIGHT OF ARTIFICIAL INTEL

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

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.

(d) A

CCESS TO

NFORMATION

.—The Secretary shall ensure that

the official designated under subsection (b) has access to such

information on programs and activities of the military departments

and other Defense Agencies as the Secretary considers appropriate

to carry out the coordination described in subsection (b) and the

duties set forth in subsection (c).

(e) S

TUDY ON

RTIFICIAL

NTELLIGENCE

OPICS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the official designated under

subsection (b) shall—

(A) complete a study on 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

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).

(2) C

ONSULTATION WITH EXPERTS

.—In conducting the study

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.

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.

(f) D

ELINEATION OF

EFINITION OF

RTIFICIAL

NTELLIGENCE

.—

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.

(g) A

RTIFICIAL

NTELLIGENCE

EFINED

.—In this section, the

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

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.

(a) R

EPORT

EQUIRED

.—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

EPORT

.—The report required under subsection

(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.’’.

H. R. 5515—64

SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE

PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT CREW-

MEMBERS.

(a) R

EPORT

EQUIRED

.—Not later than March 1, 2019, the

Secretary of the Air Force shall submit to the congressional defense

committees a report on all efforts of the Air Force to reduce the

occurrence of, and mitigate the risk posed by, physiological episodes

affecting crewmembers of covered aircraft.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include—

(1) information on the rate of physiological episodes

affecting crewmembers of covered aircraft;

(2) a description of the specific actions carried out by the

Air Force to address such episodes, including a description

of any upgrades or other modifications made to covered aircraft

to address such episodes;

(3) schedules and cost estimates for any upgrades or 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.

OVERED

IRCRAFT

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;

H. R. 5515—65

(B) the number of innovations delivered into the hands

of the warfighter; and

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

inserting ‘‘C

RITERIA

’’; 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.

(a) R

EPORT

EQUIRED

.—Not later than February 1, 2019, the

Secretary of the Air Force shall submit to the congressional defense

committees a report on the OA–X light attack aircraft experiment

and how the program incorporates partner nation requirements.

(b) E

LEMENTS

.—The report under subsection (a) shall include

a description of—

(1) how the OA–X light attack experiment will support

partner nations’ low-cost counter terrorism light attack 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

ENERAL

.—Not later than 180 days after the date of

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.

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.

ECHNICAL

REAS

.—The Secretary shall ensure that the

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.

(e) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

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.

(a) R

EPORT

EQUIRED

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of the Army shall

submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on technologies related to

active protection systems (APS) for armored combat and tactical

vehicles.

(b) C

ONTENTS

.—The report required by subsection (a) shall

include the following:

(1) With respect to the active protection systems that the

Army has recently tested on the M1A2 Abrams, the M2A3

Bradley, and the STRYKER, the following:

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

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

(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

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

N GENERAL

.—Not later than March 1, 2019, the Sec-

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

.—

(A) I

N GENERAL

.—The report required by paragraph

(1) shall include a thorough analysis of the requirements

of the Next Generation Combat Vehicle.

(B) R

ELEVANCE TO NATIONAL DEFENSE STRATEGY

.—In

carrying out subparagraph (A), the Secretary shall ensure

that the requirements are relevant to the most recently

published National Defense Strategy.

HREATS AND TERRAIN

.—The Secretary shall ensure

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.

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:

‘‘(c) R

ELEASE AND

ISSEMINATION OF

NFORMATION ON

TRIBUTIONS

ROM

SE OF

UTHORITY TO

ILITARY

ISSIONS

.—

‘‘(1) C

OLLECTION OF INFORMATION

.—The Secretary shall

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.’’.

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

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).

(b) C

ONTENTS

.—The briefing provided pursuant to subsection

(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.

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.

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.

H. R. 5515—69

(I) Any other matters deemed relevant by the Sec-

retary.

SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN.

(a) I

ENERAL

.—The Assistant Secretary of the Air Force

for Acquisition, Technology, and Logistics may use funds described

in subsection (b) as follows:

(1) For nontraditional technologies and sustainment 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.

(b) F

UNDING

.—Of the amounts authorized to be appropriated

for fiscal year 2019 by section 201 for research, development, test,

and evaluation for the Air Force and available for Tech Transition

Program (Program Element (0604858F)), up to $42,800,000 may

be available as described in subsection (a).

SEC. 253. REVIEW OF GUIDANCE ON BLAST EXPOSURE DURING

TRAINING.

(a) I

NITIAL

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.

(b) E

LEMENTS

.—The review required by subsection (a) shall

take into account current data and evidence on the cognitive effects

of blast exposure and shall include consideration of the following:

(1) The impact of exposure over multiple successive days

of training.

(2) The impact of multiple types of heavy weapons being

fired in close succession.

(3) The feasibility of cumulative annual or lifetime exposure

limits.

(4) The minimum safe distance for observers and instruc-

tors.

PDATED

RAINING

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

EVIEW

.—

(1) I

N GENERAL

.—Not later than two years after the initial

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

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.

(e) B

RIEFING

EQUIRED

.—The Secretary of Defense shall brief

the Committees on Armed Services of the Senate and the House

of Representatives on a summary of the results of the initial review

under subsection (a), each updated review conducted under 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.

(a) P

LAN

EQUIRED

.—The Secretary of the Army shall develop

a strategy to competitively procure a new transmission for the

Bradley Fighting Vehicle family of vehicles.

(b) A

DDITIONAL

TRATEGY

EQUIREMENTS

.—The plan required

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.

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).

(d) L

IMITATION

.—None of the funds authorized to be appro-

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

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

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;

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).

IAISONS

.—The Secretary shall appoint appropriate liaisons

to JASON to support the timely conduct of the services covered

by this section.

(d) M

ATERIALS

.—The Secretary shall provide access to JASON

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.

(e) C

LEARANCES

.—The Secretary shall ensure that appropriate

members and staff of JASON have the necessary clearances,

obtained in an expedited manner, to conduct the services covered

by this section.

(f) 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.

(g) A

LTERNATE

ONTRACT

CIENTIFIC

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.

(2) T

REATMENT

.—If the Secretary enters into an agreement

with another organization as described in paragraph (1), any

reference in this section to JASON shall be treated as a 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.

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.

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.

(a) I

ENERAL

.—Chapter 136 of title 10, United States Code,

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

ENERAL

.—The Secretary of Defense shall carry out

a program to be known as the ‘Explosive Ordnance Disposal Defense

Program’ (in this section referred to as the ‘Program’) under which

the Secretary shall ensure close and continuous coordination

between military departments on matters relating to explosive ord-

nance disposal support for commanders of geographic and functional

combatant commands.

‘‘(b) R

OLES

, R

ESPONSIBILITIES

AND

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

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

NNUAL

UDGET

USTIFICATION

OCUMENTS

.—

‘‘(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.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

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

OLICY

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;’’.

H. R. 5515—75

(b) R

EPORTING ON

NERGY

ECURITY AND

ESILIENCE

OALS

.—

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

NSTALLATIONS

NERGY

ANAGEMENT

NERGY

ESILIENCE

AND

ISSION

SSURANCE

.—Section 2925(a)

of title 10, United States Code, is amended—

(1) by inserting ‘‘, including progress on energy resilience

at military installations according to metrics developed by the

Secretary’’ after ‘‘under section 2911 of this title’’;

(2) in paragraph (3), by striking ‘‘the mission requirements

associated with disruption tolerances based on risk to mission’’

and inserting ‘‘the downtimes (in minutes or hours) these 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

NCLUSION OF

NERGY

ECURITY AND

ESILIENCE AS

RIOR

ITIES IN

ONTRACTS FOR

NERGY OR

UEL FOR

ILITARY

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

UTHORITY FOR

TILITY

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

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’’.

(f) M

ODIFICATION OF

NERGY

ESILIENCE

EFINITION

.—Section

101(e)(6) of title 10, United States Code, is amended by striking

‘‘task critical assets and other’’.

(g) A

UTHORITY

CCEPT

NERGY

ERFORMANCE

INANCIAL

NCENTIVES

ROM

TATE AND

OCAL

OVERNMENTS

.—Section

2913(c) of title 10, United States Code, is amended by inserting

‘‘a State or local government’’ after ‘‘generally available from’’.

(h) U

SE OF

NERGY

OST

AVINGS

MPLEMENT

NERGY

ESILIENCE AND

NERGY

ONSERVATION

ONSTRUCTION

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

DDITIONAL

ASIS FOR

RESERVATION OF

ROPERTY IN THE

ICINITY OF

ILITARY

NSTALLATIONS IN

GREEMENTS

ITH

EDERAL

NTITIES ON

SE OF

UCH

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

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;

H. R. 5515—77

(2) by inserting before subsection (c), as redesignated by

paragraph (1), the following new subsections:

‘‘(a) O

PERATIONAL

NERGY

OLICY

.—In carrying out section

2911(a) of this title, the Secretary of Defense shall ensure the

types, availability, and use of operational energy promote the 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)—

(A) in the subsection heading, by striking ‘‘A

LTER

NATIVE

UEL

CTIVITIES

’’ and inserting ‘‘F

UNCTIONS OF THE

SSISTANT

ECRETARY OF

EFENSE FOR

NERGY

, I

NSTALLA

TIONS

AND

NVIRONMENT

’’;

(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’’;

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

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)’’.

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.

(a) F

UNDING

.—Paragraph (2) of section 316(a) of the National

Defense Authorization Act for Fiscal Year 2018 (Public Law 115–

91) is amended to read as follows:

‘‘(2) 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.

‘‘(D) R

ELATIONSHIP TO OTHER TRANSFER AUTHORITIES

.—

The transfer authority provided under this paragraph is

in addition to any other transfer authority available to

the Department of Defense.’’.

(b) R

EPORT TO

ONGRESS ON

EPARTMENT OF

EFENSE

SSESS

MENT AND

EMEDIATION

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

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.

SSESSMENT OF

EALTH

FFECTS OF

PFAS E

XPOSURE

.—

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.

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).

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the environmental restoration and base realignment

and closure programs are important for the protection of the

environment, the health of the military and civilian personnel

and their families who live and work on military installations,

to ensure that current and legacy military operations do not

adversely affect the health or environments of surrounding

communities;

(2) the Department of Defense and the Armed Forces should

seek to reduce the financial burden on state and local 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

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

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.

(b) E

LEMENTS

.—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

ONGRESS

.—Not later than 12 months after

the date of the enactment of this Act, the Secretary shall submit

to the congressional defense committees a report on the study

conducted pursuant to subsection (a).

SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS.

(a) S

ITE

NVESTIGATION

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

EQUIRED

.—Not later than 15 months after the

date of the enactment of this Act, the Secretary of the Air Force

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.

(a) A

UTHORITY

.—

(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

OYALTIES TO THE

TATE OF

ENTUCKY

.—

(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.

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.

H. R. 5515—83

WNERSHIP OF

ACILITIES

.—The Secretary of the Army may

take ownership of any gas production and treatment equipment

and facilities and associated infrastructure from an entity with

which the Secretary has entered into a contract under subsection

(a) in accordance with the terms of the contract. 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

IMITATION ON

SES

.—Any natural gas produced under

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

AFETY

TANDARDS FOR

ELLS

.—The covered wells

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.

(g) C

OVERED

ELLS AT

ORT

NOX

.—In this section, the term

‘‘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

NSPECIFIED

INOR

ILITARY

ONSTRUCTION

ROJECTS TO

EVITALIZE AND

ECAPITALIZE

EFENSE

NDUSTRIAL

ASE

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.

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.

(a) N

OTICE OF

XAMINATIONS

.—Subsection (a) of section 7304

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

EPORT

.—Such section is further amended by

adding at the end the following new subsection:

‘‘(d) A

NNUAL

EPORT

.—(1) Not later than March 1 each year,

the board designated under subsection (a) shall submit to the

congressional defense committees a report setting forth the 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.

H. R. 5515—85

‘‘(b) V

ESSELS

PECIFIED

.—A naval vessel specified in this sub-

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

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new section:

‘‘7320. Limitation on length of overseas forward deployment of naval vessels.’’.

(b) T

REATMENT OF

URRENTLY

EPLOYED

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.

ONGRESSIONAL

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

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.

ORMER

HIP

EPAIR

ACILITY IN

UAM

.—In this section,

the term ‘‘Former Ship Repair Facility in Guam’’ means the property

identified by that name under the base realignment and closure

authority carried out under the Defense Base Closure and 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

USINESS

ASE

NALYSIS

.—The Secretary of the Air Force

shall prepare a business case analysis on the proposed relocation

of the J85 Engine Regional Repair Center. Such analysis shall

include each of the following:

(1) An overview of each alternative considered for the J85

Engine Regional Repair Center.

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

such alternative.

(3) The effect of each such alternative on workload capacity,

capability, schedule, throughput, and costs.

(4) The effect of each such alternative on Government-

furnished parts, components, and equipment, including 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.

(b) L

IMITATION ON

SE OF

UNDS FOR

ELOCATION

.—None of

the funds authorized to be appropriated by this Act, or otherwise

made available for the Air Force, may be obligated or expended

for any action to relocate the J85 Engine Regional Repair Center

until the date that is 150 days after the date on which the Secretary

of the Air Force provides to the Committees on Armed Services

of the Senate and House of Representatives a briefing on the

business case analysis required by subsection (a).

SEC. 327. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS.

(a) R

EPORT

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.

H. R. 5515—87

(b) C

ONSULTATION

.—As necessary to develop the report required

under subsection (a), the Secretary shall consult with—

(1) the Secretary of Defense;

(2) the Nuclear Regulatory Commission; and

(3) the Administrator of the General Services Administra-

tion.

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.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘critical national security infrastructure’’

means any site or installation that the Secretary of Energy

or the Secretary of Defense determines supports critical mission

functions of the national security enterprise.

(2) The term ‘‘licensed’’ means holding a license under

section 103 or 104 of the Atomic Energy Act of 1954.

(3) The term ‘‘micro-reactor’’ means a nuclear reactor that

has a power production capacity that is not greater than 50

megawatts.

(4) The term ‘‘pilot program’’ means the pilot program

described in subsection (a).

(5) The term ‘‘Secretary’’ means Secretary of Energy.

(e) 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.

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.

(a) U

NIFORM

PPLICABILITY OF

EADINESS

EPORTING

YSTEM

.—Subsection (b) of section 117 of title 10, United States

Code, is amended—

(1) by inserting ‘‘and maintaining’’ after ‘‘establishing’’;

(2) in paragraph (1), by striking ‘‘reporting system is

applied uniformly throughout the Department of Defense’’ and

inserting ‘‘reporting system and associated policies are applied

uniformly throughout the Department of Defense, including

between and among the joint staff and each of the armed

forces’’;

(3) by redesignating paragraphs (2) and (3) as paragraphs

(5) and (6), respectively;

(4) by inserting after paragraph (1) the following new 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’’.

(b) C

APABILITIES OF

EADINESS

EPORTING

YSTEM

.—Such sec-

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

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’’.

EMI

ANNUAL AND

ONTHLY

OINT

EADINESS

EVIEWS

.—

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

UARTERLY

EPORT ON

HANGE IN

URRENT

TATE OF

NIT

EADINESS

.—Such section is further amended—

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

(2) by inserting after subsection (e) the following new sub-

section (f):

‘‘(f) Q

UARTERLY

EPORT ON

ONTHLY

HANGES IN

URRENT

TATE OF

EADINESS OF

NITS

.—For each quarter that begins after

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

NNUAL

EPORT TO

ONGRESS ON

PERATIONAL

ONTRACT

UPPORT

.—Such section is further amended by inserting after the

new subsection (f), as added by subsection (d)(2) of this section,

the following new subsection:

‘‘(g) A

NNUAL

EPORT ON

PERATIONAL

ONTRACT

UPPORT

.—

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

MENDMENTS

.—

(1) S

ECTION HEADING

.—Such section is further amended

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.’’.

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)—

(A) in the subsection heading, by striking ‘‘A

SSIGNED

ISSION

’’;

(B) by striking 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.

(a) R

EVIEWS

EQUIRED

.—For each of calendar years 2018

through 2021, the Comptroller General of the United States shall

conduct an annual review of the readiness of the Armed Forces

to conduct each of the following types of full spectrum operations:

(1) Ground.

(2) Sea.

(3) Air.

(4) Space.

(5) Cyber.

(b) E

LEMENTS OF

EVIEW

.—In conducting a review under sub-

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

and

(3) provide reasons for any variances in readiness levels,

including changes in funding, availability in parts, training

opportunities, and operational demands.

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.

(d) A

CCESS TO

ELEVANT

ATA

.—For purposes of this section,

the Secretary of Defense shall ensure that the Comptroller General

has access to all relevant data, including—

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.

(e) R

EPORTS

.—

(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.

(2) A

DDITIONAL REPORTS

.—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.

(a) F

INDINGS

.—Congress makes the following findings:

(1) In 2017, there were three collisions and one grounding

involving United States Navy ships in the Western Pacific.

The two most recent mishaps involved separate incidents of

a Japan-based United States Navy destroyer colliding with

a commercial merchant vessel, resulting in the combined loss

of 17 sailors.

(2) The causal factors in these four mishaps are linked

directly to a failure to take sufficient action in accordance

with the rules of good seamanship.

(3) Because risks are high in the maritime environment,

there are widely accepted standards for safe seamanship and

navigation. In the United States, the International Convention

on Standards of Training, Certification and Watchkeeping

(hereinafter in this section referred to as the ‘‘STCW’’) for

Seafarers, standardizes the skills and foundational knowledge

a maritime professional must have in seamanship and 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

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

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.

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.

(a) R

EPORT

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of the Navy shall

submit to Congress a report on optimizing surface Navy vessel

inspections and crew certifications to reduce the burden of 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

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,

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

ENSE OF

ONGRESS

.—It is the sense of Congress that

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.

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.

(a) I

ENERAL

.—Not later than March 1, 2019, the Secretary

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

LEMENTS

.—The report required under subsection (a) shall

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

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.

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.

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.

(a) R

EPORT

EQUIRED

.—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.

(b) E

LEMENTS

.—The report required under subsection (a) shall

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.’’.

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);

‘‘(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

EPORT

.—Not later than 180 days after the date of the

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.

(b) O

PEN

URN

EFINED

.—In this section, the term ‘‘open

burn pit’’ means an area of land—

(1) that is designated by the Secretary of Defense to be

used for disposing solid waste by burning in the outdoor air;

and

(2) does not contain a commercially manufactured inciner-

ator or other equipment specifically designed and manufactured

for the burning of solid waste.

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.

(b) C

ONTRACTOR

OTIFICATION

.—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.

AIVER

.—If the Secretary of a military department or the

Commander of the Defense Logistics Agency determines that the

notification requirement under subsection (a) would adversely 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

IMITATION

.—None of the funds authorized to be appro-

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.

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

EQUIREMENT

.—

(1) I

N GENERAL

.—The Under Secretary for Personnel and

Readiness, the Under Secretary for Acquisition and

Sustainment, and the Under Secretary for Research and

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

UBMISSION TO CONGRESS

.—Not later than February

1, 2020, the Secretary of Defense shall submit to the congres-

sional defense committees the assessment conducted pursuant

to paragraph (1).

(e) D

EFENSE

EADINESS

EPORTING

EQUIREMENTS

.—To the

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;

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.

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.

(a) I

ENERAL

.—The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of

September 30, 2019, as follows:

(1) The Army National Guard of the United States, 343,500.

(2) The Army Reserve, 199,500.

(3) The Navy Reserve, 59,100.

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

(5) The Air National Guard of the United States, 107,100.

(6) The Air Force Reserve, 70,000.

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

(b) E

TRENGTH

EDUCTIONS

.—The end strengths prescribed

by subsection (a) for the Selected Reserve of any reserve component

shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which

are on active duty (other than for training) at the end of

the fiscal year; and

(2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training

or for unsatisfactory participation in training) without their

consent at the end of the fiscal year.

TRENGTH

NCREASES

.—Whenever units or individual

members of the Selected Reserve of any reserve component are

released from active duty during any fiscal year, the end strength

prescribed for such fiscal year for the Selected Reserve of such

reserve component shall be increased proportionately by the total

authorized strengths of such units and by the total number of

such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 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.

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

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.

(b) C

ONSTRUCTION OF

UTHORIZATION

.—The authorization of

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.

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.

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.

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

EPEAL

.—Subsection (a) of section 532 of title 10, United

States Code, is amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraphs (3), (4), and (5) as para-

graphs (2), (3), and (4), respectively.

(b) C

ONFORMING

MENDMENT

.—Such section is further

amended by striking subsection (d).

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on the date of the enactment of this Act, and

shall apply with respect to original appointments of regular 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.

(a) R

EGULAR

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).

(b) R

ESERVE

FFICERS

.—

(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

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 CRITICALLY NECESSARY CYBERSPACE

RELATED EXPERI

ENCE

.—Such section is further amended—

(A) by striking subsection (e);

(B) by redesignating subsections (f) and (g) as sub-

sections (e) and (f), respectively; and

(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.

(a) S

TANDARDIZED

EMPORARY

ROMOTION

UTHORITY

.—

(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

‘‘(a) I

ENERAL

.—An officer in the grade of first lieutenant,

captain, major, or lieutenant colonel in the Army, Air Force, or

Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant

commander, or commander in the Navy, who is described in 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.

‘‘(b) C

OVERED

FFICERS

.—An officer described in this subsection

is any officer in a grade specified in subsection (a) who—

‘‘(1) has a skill in which the armed force concerned has

a critical shortage of personnel (as determined by the Secretary

of the military department concerned); and

‘‘(2) is serving in a position (as determined by the Secretary

of the military department concerned) that—

‘‘(A) is designated to be held by a captain, major,

lieutenant colonel, or colonel in the Army, Air Force, or

Marine Corps, or lieutenant, lieutenant commander, 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

OSITION AND

TATUS OF

FFICERS

PPOINTED

.—An appointment under this section does not change

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

OARD

ECOMMENDATION

EQUIRED

.—A temporary pro-

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

CCEPTANCE AND

FFECTIVE

ATE OF

PPOINTMENT

.—Each

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.

‘‘(f) T

ERMINATION OF

PPOINTMENT

.—Unless sooner terminated,

an appointment under this section terminates—

‘‘(1) on the date the officer who received the appointment

is promoted to the permanent grade of captain, major, 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

IMITATION ON

UMBER OF

LIGIBLE

OSITIONS

.—An

appointment under this section may only be made for service in

a position designated by the Secretary of the military department

concerned for the purposes of this section. The number of positions

so designated may not exceed the following:

‘‘(1) In the case of the Army—

‘‘(A) as captain, 120;

‘‘(B) as major, 350;

‘‘(C) as lieutenant colonel, 200; and

‘‘(D) as colonel, 100.

‘‘(2) In the case of the Air Force—

‘‘(A) as captain, 100;

‘‘(B) as major, 325;

‘‘(C) as lieutenant colonel, 175; and

‘‘(D) as colonel, 80.

‘‘(3) In the case of the Marine Corps—

‘‘(A) as captain, 50;

‘‘(B) as major, 175;

‘‘(C) as lieutenant colonel, 100; and

‘‘(D) as colonel, 50.

‘‘(4) In the case of the Navy—

‘‘(A) as lieutenant, 100;

‘‘(B) as lieutenant commander, 325;

‘‘(C) as commander, 175; and

‘‘(D) as captain, 80.’’.

H. R. 5515—107

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 35 of such title is amended by adding

at the end the following new item:

‘‘605. Promotion to certain grades for officers with critical skills: colonel, lieutenant

colonel, major, captain; captain, commander, lieutenant commander,

lieutenant.’’.

(b) R

EPEAL OF

UPERSEDED

UTHORITY

PPLICABLE TO

AVY

IEUTENANTS

.—

(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.

(a) I

ENERAL

.—Section 616 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(g)(1) In selecting the officers to be recommended for 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.’’.

(b) P

ROMOTION

ELECTION

OARD

EPORTS

ECOMMENDING

FFICERS OF

ARTICULAR

ERIT

LACED

IGHER ON

ROMOTION

IST

.—Section 617 of such title is amended by adding at the end

the following new subsection:

‘‘(d) A selection board convened under section 611(a) of this

title shall, when authorized under section 616(g) of this title, include

in its report to the Secretary concerned the names of those officers

recommended by the board to be placed higher on the promotion

list and the order in which the board recommends that those

officers should be placed on the list.’’.

FFICERS OF

ARTICULAR

ERIT

PPEARING

IGHER ON

ROMOTION

IST

.—Section 624(a)(1) of such title is amended in

the first sentence by adding at the end ‘‘or based on particular

merit, as determined by the promotion board’’.

SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION

BOARD CONSIDERATION.

(a) A

CTIVE

-D

UTY

IST

FFICERS

.—Section 619 of title 10, United

States Code, is amended—

(1) in subsection (d), by adding at the end the following

new paragraph:

H. R. 5515—108

‘‘(6) An officer excluded under subsection (e).’’; and

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

‘‘(e) A

UTHORITY

LLOW

FFICERS

UT OF

ELECTION

OARD

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 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.’’.

(b) R

ESERVE

CTIVE

-S

TATUS

IST

FFICERS

.—Section 14301 of

such title is amended—

(1) in subsection (c)—

(A) in the subsection heading, by striking ‘‘P

REVIOUSLY

ELECTED

FFICERS

LIGIBLE

’’ and inserting ‘‘C

ERTAIN

FFICERS

’’; and

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

‘‘(6) An officer excluded under subsection (j).’’; and

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

‘‘(j) A

UTHORITY

LLOW

FFICERS

UT OF

ELECTION

OARD

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—

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.

(a) A

LTERNATIVE

ROMOTION

UTHORITY

.—

(1) I

N GENERAL

.—Chapter 36 of title 10, United States

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

ESIGNATE

OMPETITIVE

ATEGORIES OF

FFICERS

.—Each Secretary of a military department may designate

one or more competitive categories for promotion of officers under

section 621 of this title that are under the jurisdiction of such

Secretary as a competitive category of officers whose promotion,

retirement, and continuation on active duty shall be subject to

the provisions of this subchapter.

‘‘(b) L

IMITATION ON

XERCISE OF

UTHORITY

.—The Secretary

of a military department may not designate a competitive category

of officers for purposes of this subchapter until 60 days after the

date on which the Secretary submits to the Committees on Armed

Services of the Senate and the House of Representatives a report

on the designation of the competitive category. The report on the

designation of a competitive category shall set forth the following:

‘‘(1) A detailed description of officer requirements for 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

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.

H. R. 5515—110

‘‘(b) N

ECOMMENDATION FOR

ROMOTION OF

FFICERS

ELOW

ROMOTION

ONE

.—Section 616(b) of this title shall not apply to

the selection for promotion of officers described in subsection (a).

‘‘(c) R

ECOMMENDATION FOR

FFICERS

XCLUDED

ROM

UTURE

ONSIDERATION FOR

ROMOTION

.—In making recommenda-

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

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.

‘‘(b) I

NAPPLICABILITY OF

ERTAIN

IME

GRADE

EQUIRE

MENTS

.—Paragraphs (2) through (4) of section 619(a) of this title

shall not apply to the promotion of officers described in subsection

(a).

‘‘(c) I

NAPPLICABILITY TO

FFICERS

BOVE AND

ELOW

MOTION

ONE

.—The following provisions of section 619(c) of this

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.

‘‘(d) I

NELIGIBILITY OF

ERTAIN

FFICERS

.—The following officers

are not eligible for promotion under this subchapter:

‘‘(1) An officer described in section 619(d) of this title.

‘‘(2) An officer not included within the promotion zone.

‘‘(3) An officer who has failed of promotion to a higher

grade the maximum number of times specified for opportunities

for promotion for such grade within the competitive category

concerned pursuant to section 649d of this title.

‘‘(4) An officer recommended by a selection board to be

removed from consideration for promotion in accordance with

section 649b(c) of this title.

‘‘§ 649d. Opportunities for consideration for promotion

‘‘(a) S

PECIFICATION OF

UMBER OF

PPORTUNITIES FOR

ONSID

ERATION FOR

ROMOTION

.—In designating a competitive category

of officers pursuant to section 649a of this title, the Secretary

of a military department shall specify the number of opportunities

for consideration for promotion to be afforded officers of the armed

force concerned within the category for promotion to each grade

above the grade of first lieutenant or lieutenant (junior grade),

as applicable.

‘‘(b) L

IMITED

UTHORITY OF

ECRETARY OF

ILITARY

EPART

MENT TO

ODIFY

UMBER OF

PPORTUNITIES

.—The Secretary of

a military department may modify the number of opportunities

for consideration for promotion to be afforded officers of an armed

force within a competitive category for promotion to a particular

grade, as previously specified by the Secretary pursuant subsection

(a) or this subsection, not more frequently than once every five

years.

H. R. 5515—111

‘‘(c) D

ISCRETIONARY

UTHORITY OF

ECRETARY OF

EFENSE TO

ODIFY

UMBER OF

PPORTUNITIES

.—The Secretary of Defense

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.

‘‘(d) L

IMITATION ON

UMBER OF

PPORTUNITIES

PECIFIED

.—

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.

‘‘(e) E

FFECT OF

ERTAIN

EDUCTION IN

UMBER OF

PPORTUNI

TIES

PECIFIED

.—If, by reason of a reduction in the number of

opportunities for consideration for promotion under this section,

an officer would no longer have one or more opportunities for

consideration for promotion that were available to the officer before

the reduction, the officer shall be afforded one additional 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

‘‘(a) I

ENERAL

.—Except as provided in this section, sections

627 through 632 of this title shall apply to promotions of officers

in competitive categories of officers designated for purposes of this

subchapter.

‘‘(b) I

NAPPLICABILITY OF

AILURE OF

ELECTION FOR

ROMOTION

FFICERS

BOVE

ROMOTION

ONE

.—The reference in section

627 of this title to an officer above the promotion zone shall not

apply in the promotion of officers described in subsection (a).

‘‘(c) S

PECIAL

ELECTION

OARD

ATTERS

.—The reference in

section 628(a)(1) of this title to a person above the promotion

zone shall not apply in the promotion of officers described in sub-

section (a).

‘‘(d) E

FFECT OF

AILURE OF

ELECTION

.—In the administration

of this subchapter pursuant to subsection (a)—

‘‘(1) an officer described in subsection (a) shall not be

deemed to have failed twice of selection for promotion for 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.

H. R. 5515—112

‘‘§ 649g. Retirement: retirement for years of service; selective

early retirement

‘‘(a) R

ETIREMENT FOR

EARS OF

ERVICES

.—Sections 633

through 636 of this title shall apply to the retirement of officers

in competitive categories of officers designated for purposes of this

subchapter.

‘‘(b) S

ELECTIVE

ARLY

ETIREMENT

.—Sections 638 and 638a

of this title shall apply to the retirement of officers described

in subsection (a).

‘‘§ 649h. Continuation on active duty

‘‘(a) I

ENERAL

.—An officer subject to discharge or retirement

pursuant to this subchapter may, subject to the needs of the service,

be continued on active duty if the officer is selected for continuation

on active duty in accordance with this section by a selection board

convened under section 611(b) of this title.

‘‘(b) I

DENTIFICATION OF

OSITIONS FOR

FFICERS

ONTINUED

CTIVE

UTY

.—

‘‘(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.

‘‘(c) R

ECOMMENDATION FOR

ONTINUATION

.—A selection board

may recommend an officer for continuation on active duty pursuant

to this section only if the board determines that the officer is

qualified for assignment to one or more positions identified pursuant

to subsection (b) on the basis of skills, knowledge, and behavior

required of an officer to perform successfully in such position or

positions.

‘‘(d) A

PPROVAL OF

ECRETARY OF

ILITARY

EPARTMENT

.—

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

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

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

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.

‘‘(g) E

FFECT OF

XPIRATION OF

ONTINUATION

.—Each officer

continued on active duty pursuant to this subsection who is not

selected for continuation on active duty pursuant to subsection

(f)(2) at the completion of the officer’s term of continued service

shall, unless sooner discharged or retired under another provision

of law—

‘‘(1) be discharged upon the expiration of the term of 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

REATMENT OF

ISCHARGE OR

ETIREMENT

.—The discharge

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

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

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.

(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.

(a) I

ENERAL

.—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).’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

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

ETERMINATIONS OF

RADE OF

ATISFACTORY

ERVICE

.—

(1) I

N GENERAL

.—Subsection (a)(1) of section 1370 of title

10, United States Code, is amended by adding at the end

the following new sentences: ‘‘When an officer is under 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

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).’’.

(b) C

ODIFICATION OF

OWERED

RADE FOR

ETIRED

FFICERS

ERSONS

OMMITTED

ISCONDUCT IN A

OWER

RADE

.—

(1) I

N GENERAL

.—Subsection (b) of such section is

amended—

(A) in the heading, by striking ‘‘N

EXT

’’;

(B) by inserting ‘‘(1)’’ before ‘‘An’’; and

‘‘(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

ONFORMING AMENDMENTS

.—Such section is amended—

(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

(i) by striking ‘‘higher’’ each place it appears and

inserting ‘‘different’’; and

(ii) by inserting ‘‘, subject to subsection (b),’’ before

‘‘shall’’.

INALITY OF

ETIRED

RADE

ETERMINATIONS

.—Such sec-

tion is further amended by adding at the end the following new

subsection:

‘‘(f) F

INALITY OF

ETIRED

RADE

ETERMINATIONS

.—(1) Except

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.

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.

(a) A

RMY

.—Section 3073 of title 10, United States Code, is

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).’’.

ORCE

.—Section 8039 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(c) G

RADE OF

HIEF OF

HAPLAINS

.—The Chief of Chaplains,

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

ENERAL

.—Section 3310 of title 10, United States Code,

is repealed.

(b) C

LERICAL

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’’.

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:

‘‘(k) C

ERTAIN

FFICERS

OT TO

ONSIDERED FOR

ELECTION

FOR

ROMOTION

.—The Secretary of the military department con-

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

EVIEW

.—The Comptroller General of the United

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;

(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;

(D) qualification standards; and

(E) watch standing requirements.

(5) Any other matter the Comptroller General determines

appropriate.

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

RADE

UTHORIZATIONS

.—Section 12011(a)

of title 10, United States Code is amended by striking those parts

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

18,000 ............................... 1,347 1,313 450

20,000 ............................... 1,463 1,440 468

22,000 ............................... 1,606 1,569 494

24,000 ............................... 1,739 1,697 517

26,000 ............................... 1,872 1,825 539

28,000 ............................... 2,005 1,954 562

30,000 ............................... 2,138 2,082 585

32,000 ............................... 2,271 2,210 608

34,000 ............................... 2,404 2,338 630

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

RADE

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

16,000 ................................................................ 1,698 676

18,000 ................................................................ 1,814 714

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’’.

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.

(a) I

ENERAL

.—Section 14308(f) of title 10, United States

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.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act,

and shall apply with respect to promotions of officers whose State

effective date is on or after that date.

SEC. 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’’.

H. R. 5515—120

Subtitle C—General Service Authorities

and Correction of Military Records

SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST.

(a) I

ENERAL

.—Section 504(b) of title 10, United States Code,

is amended—

(1) in paragraph (2)—

(A) by inserting ‘‘and subject to paragraph (3),’’ after

‘‘Notwithstanding paragraph (1),’’;

(B) by striking ‘‘enlistment is vital to the national

interest.’’ and inserting ‘‘person possesses a critical skill

or expertise—’’; and

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.’’.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than December 31, 2019, and

annually thereafter for each of the subsequent four years, the

Secretary concerned shall submit a report to the Committees

on Armed Services and the Judiciary of the Senate and the

House of Representatives regarding persons who enter into

enlistment contracts under section 504(b)(2) of title 10, United

States Code, as amended by subsection (a).

(2) 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.

training.

(D) The skills that are vital to the national interest

that such persons possess.

SEC. 522. STATEMENT OF BENEFITS.

(a) I

ENERAL

.—Chapter 58 of title 10, United States Code,

is amended by adding at the end the following new section:

H. R. 5515—121

‘‘§ 1155. Statement of benefits

‘‘(a) B

EFORE

EPARATION

.—Not later than 30 days before a

member retires, is released, is discharged, or otherwise separates

from the armed forces (or as soon as is practicable in the case

of an unanticipated separation), the Secretary concerned shall 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.

‘‘(b) S

TATEMENT FOR

ESERVES

.—The Secretary concerned shall

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.’’.

(b) C

LERICAL

MENDMENT

.—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.

(a) P

UBLIC

-P

RIVATE

ARTNERSHIPS

.—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).’’.

(b) A

UTHORITY TO

CCEPT

IFTS IN

UPPORT OF

ISSION TO

CCOUNT FOR

ISSING

ERSONS

ROM

AST

ONFLICTS

.—Such sec-

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):

‘‘(e) A

CCEPTANCE OF

IFTS

.—

‘‘(1) A

UTHORITY TO ACCEPT

.—Subject to subsection (f)(2),

the Secretary may accept, hold, administer, spend, and use

any gift of personal property, money, or services made on

the condition that the gift be used for the purpose of facilitating

accounting for missing persons pursuant to section 1501(a)(2)(C)

of this title.

‘‘(2) G

IFT FUNDS

.—Gifts and bequests of money accepted

under this subsection shall be deposited in the Treasury in

the Department of Defense General Gift Fund.

‘‘(3) U

SE OF GIFTS

.—Personal property and money accepted

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.

H. R. 5515—122

‘‘(5) E

XPENSES OF CARE

.—The Secretary may pay all reason-

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

IFT

.—The term ‘gift’ includes a devise or bequest.’’.

ONFORMING

MENDMENT

.—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.

(a) A

SSESSMENT

.—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

EMANDS

.—The Secretary of the Navy shall identify

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

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

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.

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.

PECIAL

ULE

.—For purposes of determining whether a

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.

(d) D

EFINITIONS

.—In this section:

(1) M

ANNING FIT

.—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.

(2) M

ANNING FILL

.—The term ‘‘manning fill’’, in the case

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

ENERAL

.—The Secretary of the Navy shall require that,

commencing not later than 180 days after the date of the enactment

of this Act, key watchstanders on Navy surface ships shall maintain

a career record of watchstanding hours and specific operational

evolutions.

(b) K

ATCHSTANDER

EFINED

.—In this section, the term

‘‘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.

RIEFINGS OF

ONGRESS

.—

(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.

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

of enactment of this Act, the Secretary of the Navy shall submit

to the Committees on Armed Services of the Senate and the House

of Representatives a report on the adequacy of individual training

for certain watchstations, including any planned or recommended

changes in qualification standards for such watchstations.

(b) W

ATCHSTATIONS

.—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.

(a) I

ENERAL

.—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

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on January 1, 2019, immediately after the

coming into effect of the amendment made by section 5441 of

the Military Justice Act of 2016 (division E of Public Law 114–

328; 130 Stat. 2954) as provided in section 5542 of that Act (130

Stat. 2967; 10 U.S.C. 801 note).

SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE

UNIFORM CODE OF MILITARY JUSTICE.

(a) P

UNITIVE

RTICLE

.—

(1) I

N GENERAL

.—Subchapter X of chapter 47 of title 10,

United States Code (the Uniform Code of Military Justice),

is amended by inserting after section 928a (article 128a) the

following new section (article):

‘‘§ 928b. Art. 128b.

‘‘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

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.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on January 1, 2019, immediately after the coming

into effect of the amendments made by the Military Justice Act

of 2016 (division E of Public Law 114–328) as provided in section

5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).

SEC. 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):

‘‘(d) A

UTHORITIES

.—

‘‘(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.

‘‘(2) I

NFORMATION FROM FEDERAL AGENCIES

.—Upon request

by the chair of the Advisory Committee, a department or agency

of the Federal Government shall provide information that the

Advisory Committee considers necessary to carry out its duties

under this section. 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

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.

H. R. 5515—126

(b) E

LEMENTS

.—The report under this section shall include

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

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

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

EPENDENTS OF

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

ENERAL

.—Section 950f(b) of title 10, United States

Code, is amended by adding at the end the following new paragraph:

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

PPLICABILITY

.—The amendment made by subsection (a)

shall apply to each judge of the United States Court of Military

Commission Review serving on that court on the date of the 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):

‘‘(c) R

EINVESTIGATION OR

EADJUDICATION OF

ERTAIN

NDIVID

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.

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

EVELOPMENT

.—The Secretary of Defense shall develop a

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).

(b) E

LEMENTS

.—The plan under subsection (a) shall require

the military services and other components of the Department

of Defense to take steps by certain dates to implement harassment

prevention and response programs under such instruction, including

no less than the following:

(1) Submitting implementation plans to the Director, Force

Resiliency.

(2) Incorporating 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.

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.

(a) D

ESIGNATION OF

FFICIAL OR

NTITY

.—The Secretary of

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.

RIEFING

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—

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) M

ILITARY

EPARTMENTS

EFINED

.—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

EVELOPMENT

.—Not later than 30 days after the date of

the enactment of this Act, each Superintendent of a military service

academy shall develop and maintain a resource guide for students

at the respective military service academies regarding sexual

assault.

(b) E

LEMENTS

.—Each guide developed under this section shall

include the following information with regards to the relevant mili-

tary service academy:

(1) P

ROCESS OVERVIEW AND DEFINITIONS

.—

(A) An explanation of prohibited conduct, including

examples.

(B) An explanation of consent.

(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.

(2) E

MERGENCY SERVICES

.—

(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.

(D) Medical care.

(E) Legal counsel.

(F) Hotlines.

(G) Chaplain or other spiritual representatives.

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;

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.

(a) T

RACKING

ROCESS

.—The Secretary of Defense, in consulta-

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.

(b) L

ETTER

EQUIRED

.—Not later than July 1, 2019, the Sec-

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

NDIVIDUAL

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

ERMANENT

UTHORITY

.—Chapter 40 of

title 10, United States Code, is amended by adding at the end

the following new section 710:

H. R. 5515—131

‘‘§ 710. Career flexibility to enhance retention of members

‘‘(a) P

ROGRAMS

UTHORIZED

.—Each Secretary of a military

department may carry out programs under which members of the

regular components and members on Active Guard and Reserve

duty of the armed forces under the jurisdiction of such Secretary

may be inactivated from active service in order to meet personal

or professional needs and returned to active service at the end

of such period of inactivation from active service.

‘‘(b) P

ERIOD OF

NACTIVATION

ROM

CTIVE

ERVICE

; E

FFECT

NACTIVATION

.—(1) The period of inactivation from active service

under a program under this section of a member participating

in the program shall be such period as the Secretary of the military

department concerned shall specify in the agreement of the member

under subsection (c), except that such period may not exceed three

years.

‘‘(2) Any service by a Reserve officer while participating in

a program under this section shall be excluded from computation

of the total years of service of that officer pursuant to section

14706(a) of this title.

‘‘(3) Any period of participation of a member in a program

under this section shall not count toward—

‘‘(A) eligibility for retirement or transfer to the Ready

Reserve under either chapter 571 or 1223 of this title; or

‘‘(B) computation of retired or retainer pay under chapter

71 or 1223 of this title.

‘‘(c) 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

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

CTIVE

ERVICE

.—Under regulations prescribed

by the Secretary of the military department concerned, a member

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.

‘‘(f) P

AY AND

LLOWANCES

.—(1) During each month of participa-

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;

‘‘(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

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

ROMOTION

.—(1)(A) An officer participating in a program

under this section shall not, while participating in the program,

be eligible for consideration for promotion under chapter 36 or

1405 of this title.

‘‘(B) Upon the return of an officer to active service after 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

ONTINUED

NTITLEMENTS

.—A member participating in

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

ONFORMING

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.’’.

H. R. 5515—134

(2) C

ONFORMING REPEAL

.—Section 533 of the Duncan

Hunter National Defense Authorization Act for Fiscal Year

2009 (10 U.S.C. prec. 701 note) is repealed.

SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM.

(a) P

ATHWAYS FOR

TAP.—

(1) I

N GENERAL

.—Section 1142 of title 10, United States

Code, is amended—

(A) in the section heading by striking ‘‘medical’’ and

inserting ‘‘certain’’;

(B) in subsection (a)—

(i) in paragraph (1), by inserting ‘‘(regardless of

character of discharge)’’ after ‘‘discharge’’;

(ii) in paragraph (3)(A)—

(I) by striking ‘‘as soon as possible during the

12-month period preceding’’ and inserting ‘‘not

later than 365 days before’’;

(II) by striking ‘‘90 days’’ and inserting ‘‘365

days’’; and

(III) by striking ‘‘discharge or release’’ and

inserting ‘‘retirement or other separation’’; and

(iii) in paragraph (3)(B)—

(I) by striking ‘‘90’’ and inserting ‘‘365’’; and

(II) by striking ‘‘90-day’’ and inserting ‘‘365-

day’’;

(D) by inserting after subsection (b) the following new

subsection (c):

‘‘(c) C

OUNSELING

ATHWAYS

.—(1) Each Secretary concerned, in

consultation with the Secretaries of Labor and Veterans Affairs,

shall establish at least three pathways for members of the military

department concerned receiving individualized counseling under

this section. The Secretaries shall design the pathways to address

the needs of members, based on the following factors:

‘‘(A) Rank.

‘‘(B) Term of service.

‘‘(C) Gender.

‘‘(D) Whether the member was a member of a regular

or reserve component of an armed force.

‘‘(E) Disability.

‘‘(F) Character of discharge (including expedited 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;

‘‘(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

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:

‘‘(e) J

OINT

ERVICE

RANSCRIPT

.—The Secretary concerned shall

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.’’.

(2) D

EADLINE

.—Each Secretary concerned shall carry out

subsection (c) of such section, as amended by paragraph (1),

not later than 1 year after the date of the enactment of this

Act.

(3) GAO

STUDY

.—Not later than 1 year after the Secretaries

concerned carry out subsection (c) of such section, as amended

by paragraph (1), the Comptroller General of the United States

shall submit to Congress a review of the pathways for the

Transition Assistance Program established under such sub-

section (c).

(b) C

ONTENTS OF

TAP.—

(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:

‘‘(f) P

ROGRAM

ONTENTS

.—(1) The program carried out under

this section shall consist of instruction as follows:

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

EADLINE

.—The Transition Assistance Program shall

comply with the requirements of section 1144(f) of title 10,

United States Code, as amended by paragraph (1), not later

than 1 year after the date of the enactment of this Act.

(3) 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

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).

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

.—

(1) I

N GENERAL

.—Section 1143a of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 58 of such title is amended by striking

the item relating to section 1143a.

(b) C

ONFORMING

MENDMENTS

.—

(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

ERTAIN

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).’’.

ONFORMING

EPEAL

.—

H. R. 5515—138

(1) R

EPEAL

.—Section 4464 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484;

10 U.S.C. 1143a note) is repealed.

(2) A

PPLICABILITY

.—The repeal made under paragraph (1)

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.

(a) I

ENERAL

.—Paragraph (2)(B) of section 1154(d) of title

10, United States Code, is amended—

(1) by inserting ‘‘(A)(iii),’’ after ‘‘(A)(i),’’;

(2) by inserting ‘‘transferred to the Retired Reserve, or’’

after ‘‘member is retired,’’; and

(3) by striking ‘‘separated,’’ and inserting ‘‘separated’’.

(b) C

ONFORMING

MENDMENTS

.—The second sentence of para-

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

UTHORITIES FOR

ANAGEMENT OF

GRAMS AND

NITS

.—

(1) I

N GENERAL

.—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

UTHORITY

ONVERT

THERWISE

LOSING

NITS TO

ATIONAL

EFENSE

ADET

ORPS

ROGRAM

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

DMINISTRATION OF

NSTRUCTORS

.—

‘‘(1) I

N GENERAL

.—The Secretaries of the military depart-

ments may, without regard to any other provision of this

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

LEMENTS

.—The initiatives undertaken pursuant to

this subsection may provide for one or more of the following:

‘‘(A) Termination of the requirement for a waiver as

a condition of the hiring of well-qualified non-commissioned

officers with a bachelor’s degree for senior instructor 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.

‘‘(c) F

LEXIBILITY IN

LLOCATION AND

SE OF

RAVEL

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

ROGRAM

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

DDITIONAL

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.

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.

(a) I

ENERAL

.—Under regulations prescribed by the Secretary

of Defense, the period of eligibility for the Military OneSource

program of the Department of Defense of an eligible individual

retired, discharged, or otherwise released from the Armed Forces,

and for the eligible immediate family members of such an indi-

vidual, shall be the one-year period beginning on the date of the

retirement, discharge, or release, as applicable, of such individual.

(b) I

NFORMATION TO

AMILIES

.—The Secretary shall, in such

manner as the Secretary considers appropriate, inform military

families and families of veterans of the Armed Forces of the wide

range of benefits available through the Military OneSource program.

SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF

ENLISTED PERSONNEL AT SENIOR LEVEL AND INTER-

MEDIATE LEVEL OFFICER PROFESSIONAL MILITARY EDU-

CATION COURSES.

(a) P

ROHIBITION

.—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.

(b) S

ENIOR

EVEL AND

NTERMEDIATE

EVEL

FFICER

ROFES

SIONAL

ILITARY

DUCATION

OURSES

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

UPERSEDED

IMITATION

.—

(1) I

N GENERAL

.—Section 547 of the National Defense

Authorization Act for Fiscal Year 2018 (Public Law 115–91)

is repealed.

(2) P

RESERVATION OF CERTAIN REPORTING REQUIREMENT

.—

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

ID FOR

HILDREN

ITH

EVERE

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).

H. R. 5515—141

(2) U

SE OF CERTAIN AMOUNT

.—Of the amount available

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.

(b) A

SSISTANCE TO

CHOOLS

ITH

IGNIFICANT

UMBERS OF

ILITARY

EPENDENT

TUDENTS

.—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

DUCATIONAL

GENCY

EFINED

.—In this section,

the term ‘‘local educational agency’’ has the meaning given that

term in section 7013(9) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7713(9)).

SEC. 562. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLICIES

AND PROCEDURES ON SEXUAL HARASSMENT OF STU-

DENTS OF ACTIVITY SCHOOLS.

(a) A

PPLICABILITY OF

ITLE

IX P

ROTECTIONS

.—The provisions

of title IX of the Education Amendments of 1972 (20 U.S.C. 1681

et seq.) (in this section referred to as ‘‘title IX’’) with respect to

education programs or activities receiving Federal financial 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,

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-

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.

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

OMPREHENSIVE

ATABASE

.—The Secretary of Defense shall

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

SSESSMENT

.—The Secretary of Defense shall conduct an

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

ATTERS

.—

H. R. 5515—143

(1) M

EMBERSHIP

.—Paragraph (1)(B) of subsection (b) of sec-

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.’’.

(2) T

ERMS

.—Paragraph (2) of such subsection is amended—

(A) in subparagraph (A)—

(i) in the first sentence, by striking ‘‘clauses (i)

and (iii) of’’; and

(ii) by striking the second sentence; and

(B) in subparagraph (B), by striking ‘‘three years’’ and

inserting ‘‘two years’’.

(b) D

UTIES

.—Subsection (d) of such section is amended—

(1) in paragraph (2), by striking ‘‘military family readiness

by the Department of Defense’’ and inserting ‘‘military family

readiness programs and activities of the Department of

Defense’’; and

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

‘‘(4) To make recommendations to the Secretary of Defense

to improve collaboration, awareness, and promotion of accurate

and timely military family readiness information and support

services by policy makers, service providers, and targeted bene-

ficiaries.’’.

NNUAL

EPORTS

.—Subsection (e) of such section is amended

by striking ‘‘February 1’’ and inserting ‘‘July 1’’.

(d) E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

(2) A

PPLICABILITY OF MEMBERSHIP AND TERM AMEND

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).’’.

H. R. 5515—144

SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETI-

TIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL

AGENCIES.

(a) E

XPANSION TO

NCLUDE

POUSES OF

EMBERS OF THE

RMED

ORCES ON

CTIVE

UTY

.—Section 3330d of title 5, United

States Code, is amended—

(1) in subsection (a)—

(A) by striking paragraphs (3), (4), and (5); and

(B) by redesignating paragraph (6) as paragraph (3);

(2) by striking subsections (b) and (c) and inserting the

following new subsection (b):

‘‘(b) A

PPOINTMENT

UTHORITY

.—The head of an agency may

appoint noncompetitively—

‘‘(1) a spouse of a member of the Armed Forces on active

duty; or

‘‘(2) a spouse of a disabled or deceased member of the

Armed Forces.’’;

(3) by redesignating subsection (d) as subsection (c); and

(4) in subsection (c), as so redesignated, by striking ‘‘sub-

section (a)(6)’’ in paragraph (1) and inserting ‘‘subsection (a)(3)’’.

(b) C

LERICAL

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.’’.

EADING

MENDMENT

.—The heading of such section is

amended to read as follows:

‘‘§ 3330d. Appointment of military spouses’’.

(d) OPM L

IMITATION AND

EPORTS

.—

(1) R

ELOCATING SPOUSES

.—With respect to the noncompeti-

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

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

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—

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) O

UTREACH ON

VAILABILITY OF

ROGRAM

.—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

EPORT

.—Not later than 180 days

after the date of the enactment of this Act, the Comptroller General

of the United States shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

setting forth such recommendations as the Comptroller General

considers appropriate regarding the following:

(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.

RAINING FOR

NSTALLATION

AREER

OUNSELORS ON

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

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

LEMENTS

.—The assessment required under subsection (a)

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.

EPORT

.—Not later than February 1, 2019, the Secretary

of Defense shall submit to the Committees on Armed Services

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.

(a) I

ENERAL

.—The Secretary of Defense shall implement

a policy to permit the issuance on a provisional or interim basis

of clearances for the provision of childcare services at military

childcare centers.

(b) E

LEMENTS

.—The policy required by subsection (a) shall

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.

LEARANCE

EFINED

.—In this section, the term ‘‘clearance’’,

with respect to an individual and the provision of childcare services,

means the formal approval of the individual, after appropriate

background checks and other review, to provide childcare services

to children at a military childcare center of the Department of

Defense.

SEC. 577. MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLATIONS

ON CHILD ABUSE AND OTHER DOMESTIC VIOLENCE.

(a) M

ULTIDISCIPLINARY

EAMS

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).

(2) S

INGLE TEAM FOR PROXIMATE INSTALLATIONS

.—A single

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.

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.

ERSONNEL

.—

(1) I

N GENERAL

.—Each multidisciplinary team maintained

pursuant to subsection (a) shall be composed of the following:

(A) One or more judge advocates.

(B) Appropriate personnel of one or more military

criminal investigation services.

(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

OLLABORATION

ITH

MILITARY

ESOURCES

.—

(1) U

SE OF COMMUNITY RESOURCES SERVING INSTALLA

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.

(2) B

EST PRACTICES

.—The Secretaries concerned shall take

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

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

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.

(f) S

ECRETARY

ONCERNED

.—

(1) D

EFINITION

.—In this section, the term ‘‘Secretary con-

cerned’’ has the meaning given that term in section 101(a)(9)

of title 10, United States Code.

(2) U

SAGE WITH RESPECT TO MULTIPLE INSTALLATIONS

.—

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

ILOT

ROGRAM

.—

(1) P

URPOSE

.—In order to reduce child abuse and fatalities

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

and community resources.

(2) P

ROHIBITION ON DELEGATION

.—The Secretary may not

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.

(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.

H. R. 5515—149

(J) Serving only one Armed Force.

(4) T

ERM

.—The pilot program shall terminate two years

after implementation.

(5) D

ESIGN

.—The Secretary shall design the pilot program

in consultation with military family groups to respond to the

needs of covered households.

(6) E

LEMENTS

.—The pilot program shall include the fol-

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.

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.

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.

(b) V

OLUNTARY

ARTICIPATION

.—Participation in the pilot pro-

gram shall be at the election of a covered beneficiary in an eligible

household.

UTREACH

.—

(1) I

N GENERAL

.—Not later than 30 days after imple-

menting the pilot program, the Secretary shall notify each

covered household of the services provided under subsection

(b).

(2) C

OVERED HOUSEHOLDS WITH NEWBORNS

.—No later than

30 days after a birth in a covered household, the Secretary

shall contact such covered household to encourage participation

in the pilot program.

(d) A

SSESSMENTS

.—

(1) N

UMBER

.—The Secretary shall carry out no fewer than

five assessments of the pilot program.

(2) C

OMPARISON INSTALLATIONS

.—For purposes of this sub-

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.

(3) A

SSESSMENT

.—The Secretary shall assess each of the

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.

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.

(e) R

EPORTS

.—

(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).

H. R. 5515—151

(B) Why the Secretary selected the installations

described in subparagraph (A).

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.

(2) F

INAL REPORT

.—Not later than 180 days after the termi-

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.

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.

(f) D

EPARTMENTAL

MPLEMENTATION

.—If the Secretary deter-

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

SSESSMENT

EQUIRED

.—The Secretary of Defense shall

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

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.

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.

(a) S

ERVICE

ERTIFICATE

EQUIRED

.—The Secretary of Defense

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).

(b) D

ISTRIBUTION OF

ERTIFICATE

.—

(1) I

SSUANCE TO RETIRED AND FORMER MEMBERS

.—At the

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

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.

(a) P

ROGRAM OF

WARD

EQUIRED

.—Each Secretary of a mili-

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

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.

RESENTATION AND

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.

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.

(a) W

AIVER OF

IME

IMITATIONS

.—Notwithstanding the time

limitations specified in section 3744 of title 10, United States Code,

or any other time limitations with respect to the awarding of

certain medals to persons who served in the Armed Forces, the

Secretary of the Army may award the Distinguished-Service Cross

under section 3742 of such title to Justin T. Gallegos for the

acts of valor described in subsection (b).

(b) A

CTS OF

ALOR

ESCRIBED

.—The acts of valor referred

to in subsection (a) are the actions of Justin T. Gallegos on October

3, 2009, as a member of the Army in the grade of Staff Sergeant,

serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade

Combat Team, 4th Infantry Division.

Subtitle J—Miscellaneous Reports and

Other Matters

SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT

MATTERS.

(a) D

ATE OF

UBMITTAL

.—Subsection (a) of section 115a of

title 10, United States Code, is amended in the matter preceding

paragraph (1) by striking ‘‘not later than 45 days after the date

on which’’ and inserting ‘‘on the date on which’’.

(b) S

PECIFICATION OF

NTICIPATED

PPORTUNITIES FOR

MOTION OF

OMMISSIONED

FFICERS

.—Subsection (d) of such section

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

EMAINS OF

ILITARY

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.’’.

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.’’.

(b) E

XCEPTION TO

APERWORK

EDUCTION

.—Section 555(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

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

.—

H. R. 5515—155

(1) I

N GENERAL

.—The Secretary may waive the requirement

under subsection (a) in the case of a sensitive military operation

if—

(A) the Secretary determines the public disclosure of

the number of deployed members of the Armed Forces

could reasonably be expected to provide an operational

military advantage to an adversary; or

(B) members of the Armed Forces are deployed for

a period that does not exceed 30 days.

(2) N

OTICE

.— If the Secretary issues a waiver under this

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.

ENSITIVE

ILITARY

PERATION

EFINED

.—The term ‘‘sen-

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

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.

(b) E

LEMENTS

.—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

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.

(a) R

EVIEW

.—Not later than 180 days after the date of the

enactment of this Act, the Comptroller General of the United States

shall submit to the Committees on Armed Services of the Senate

and 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

ATTERS

NCLUDED

.—The briefing and report under sub-

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;

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

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’’.

(b) D

EADLINE

.—The Secretary of the Army shall establish the

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.

(a) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of the Army shall submit

to the Committees on Armed Services of the Senate and House

of Representatives a report on the recommendations contained

in the audit conducted by the Army Audit Agency of the Army’s

Marketing and Advertising Program concerning contract 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.

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

SE OF

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).

OMPTROLLER

ENERAL

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

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:

‘‘(1) P

ROOF OF MILITARY SERVICE

.—

‘‘(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.

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.

(a) R

EPEAL

.—Section 414 of title 37, United States Code, is

amended—

(1) by striking subsection (b); and

(2) by redesignating subsection (c) as subsection (b).

(b) E

FFECTIVE

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

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

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.’’.

EPEALS

.—

(1) E

XISTING POLICY AND REGULATIONS

.—The policy, and

any regulations issued pursuant to such policy, implemented

by the Secretary of Defense on November 1, 2014, with respect

to reductions in per diem allowances based on duration of

temporary duty assignment or civilian travel shall have no

force or effect.

(2) A

TTEMPTED STATUTORY FIX

.—Section 672 of the National

Defense Authorization Act for Fiscal Year 2017 (Public Law

114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed.

SEC. 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

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.

(b) P

LAN FOR

MHPI H

OUSING

.—Not later than December 1,

2018, the Secretary shall submit to the congressional defense

committees a long-range plan to develop measures to consistently

address the future sustainment, recapitalization, and financial

condition of MHPI housing. The plan shall include—

(1) efforts to mitigate the losses incurred by MHPI housing

projects because of the reductions to BAH under section 603

of the National Defense Authorization Act for Fiscal Year 2016

(Public Law 114-92; 37 U.S.C. 403(b)(3)(B)); and

(2) a full assessment of the effects of such reductions (in

relation to calculations of market rates for rent and utilities)

on the financial condition of MHPI housing.

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.

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

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

EFINITIONS

.—In this section:

(1) The term ‘‘BAH’’ means the basic allowance for housing

under section 403 of title 37, United States Code.

(2) The term ‘‘covered housing’’ means a unit of MHPI

housing that is leased to a member of a uniformed service

who resides in such unit.

(3) The term ‘‘MHPI housing’’ means housing acquired

or constructed under the alternative authority of subchapter

IV of chapter 169 of title 10, United States Code (known as

the Military Housing Privatization Initiative) 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.

(a) A

UTHORITIES

ELATING TO

ESERVE

ORCES

.—Section 910(g)

of title 37, United States Code, relating to income replacement

payments for reserve component members experiencing extended

and frequent mobilization for active duty service, is amended by

striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.

(b) T

ITLE

10 A

UTHORITIES

ELATING TO

EALTH

ARE

ROFES

SIONALS

.—The following sections of title 10, United States Code,

are amended by striking ‘‘December 31, 2018’’ and inserting

‘‘December 31, 2019’’:

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.

UTHORITIES

ELATING TO

UCLEAR

FFICERS

.—Section

333(i) of title 37, United States Code, is amended by striking

‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.

(d) A

UTHORITIES

ELATING TO

ITLE

37 C

ONSOLIDATED

PECIAL

, I

NCENTIVE

AND

ONUS

UTHORITIES

.—The following sec-

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.

(e) A

UTHORITY TO

ROVIDE

EMPORARY

NCREASE IN

ATES

ASIC

LLOWANCE FOR

OUSING

.—Section 403(b)(7)(E) of title

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.

(a) R

EPORT

EQUIRED

.—Not later than March 1, 2019, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

examining the current processes for awarding imminent danger

pay and hostile fire pay to members of the Armed Forces.

(b) 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.

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.

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.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Purple

Heart and Disabled Veterans Equal Access Act of 2018’’.

(b) C

OMMISSARY

TORES AND

MWR F

ACILITIES

RIVILEGES FOR

ERTAIN

ETERANS AND

ETERAN

AREGIVERS

.—

(1) E

XTENSION OF PRIVILEGES

.—Chapter 54 of title 10,

United States Code, is amended by adding at the end the

following new section:

‘‘§ 1065. Use of commissary stores and MWR facilities: certain

veterans and caregivers for veterans

‘‘(a) E

LIGIBILITY OF

ETERANS

WARDED THE

URPLE

EART

.—

A veteran who was awarded the Purple Heart shall be permitted

to use commissary stores and MWR facilities on the same basis

as a member of the armed forces entitled to retired or retainer

pay.

‘‘(b) E

LIGIBILITY OF

ETERANS

EDAL OF

ONOR

ECIPIENTS

.—A veteran who is a Medal of Honor recipient shall

be permitted to use commissary stores and MWR facilities on the

same basis as a member of the armed forces entitled to retired

or retainer pay.

‘‘(c) E

LIGIBILITY OF

ETERANS

ORMER

RISONERS

.—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

ETERANS

ITH

ERVICE

-C

ONNECTED

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

LIGIBILITY OF

AREGIVERS FOR

ETERANS

.—A caregiver

or family caregiver shall be permitted to use commissary stores

and MWR facilities on the same basis as a member of the armed

forces entitled to retired or retainer pay.

‘‘(f) U

SER

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.

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.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 54 of title 10, United States Code, is

amended by adding at the end the following new item:

‘‘1065. Use of commissary stores and MWR facilities: certain veterans and 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

ONTHS FOR

HICH

DJUSTMENT

PPLICABLE

.—Paragraph

(2) of section 1450(m) of title 10, United States Code, is amended—

(1) in subparagraph (I), by striking ‘‘December’’ and

inserting ‘‘November’’; and

(2) in subparagraph (J), by striking ‘‘for months during

any calendar year after 2018’’ and inserting ‘‘for months after

November 2018’’.

(b) C

OST OF

IVING

DJUSTMENT

.—Paragraph (6) of such section

is amended—

(1) in the paragraph heading, by striking ‘‘

AFTER 2018

’’

and inserting ‘‘

AFTER NOVEMBER 2018

’’; and

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.

‘‘(B) A

MOUNT OF INCREASE

.—With respect to an eligible

survivor of a member of the uniformed services, the

increase for a month shall be—

‘‘(i) the amount payable pursuant to paragraph

(2) for months during the preceding 12-month period;

plus

‘‘(ii) an amount equal to a percentage of the

amount determined pursuant to clause (i), which

percentage is the percentage by which the retired pay

of the member would have increased for the month,

as described in subparagraph (A), if the member was

alive (and otherwise entitled to such pay).

‘‘(C) R

OUNDING DOWN

.—The monthly amount of an

allowance payable under this subsection, if not a multiple

of $1, shall be rounded to the next lower multiple of $1.

‘‘(D) P

UBLIC NOTICE ON AMOUNT OF ALLOWANCE PAY

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.’’.

FFECTIVE

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.

(a) I

ENERAL

.—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

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.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(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

H. R. 5515—166

‘‘(B) after September 11, 2001.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

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.

(a) I

ENERAL

.—Subsection (c) of section 2641b of title 10,

United States Code, is amended—

(1) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively; and

(2) by inserting after paragraph (3) the following new para-

graph (4):

‘‘(4) Subject to subsection (f), veterans with a permanent

service-connected disability rated as total.’’.

(b) C

ONDITIONS AND

IMITATIONS

.—Such section is further

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

ITH

ERVICE

CONNECTED

ISABILITIES

ATED

OTAL

.—(1) Travel may not be provided under this section to

a veteran eligible for travel pursuant to subsection (c)(4) in priority

over any member eligible for travel under subsection (c)(1) or any

dependent of such a member eligible for travel under this section.

‘‘(2) The authority in subsection (c)(4) may not be construed

as affecting or in any way imposing on the Department of Defense,

any armed force, or any commercial company with which they

contract an obligation or expectation that they will retrofit or alter,

in any way, military aircraft or commercial aircraft, or related

equipment or facilities, used or leased by the Department or such

armed force to accommodate passengers provided travel under such

authority on account of disability.

‘‘(3) The authority in subsection (c)(4) may not be construed

as preempting the authority of a flight commander to determine

who boards the aircraft and any other matters in connection with

safe operation of the aircraft.’’.

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—

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.

(a) P

ROCEDURES FOR

CCESS OF

URVIVING

POUSES

EQUIRED

.—The Secretary of Defense, acting jointly with the Sec-

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.

(b) P

ROCEDURES FOR

CCESS OF

EXT OF

UTHORIZED

.—

(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.

(2) N

EXT OF KIN

.—If the Secretaries establish procedures

pursuant to paragraph (1), the Secretaries shall jointly specify

the individuals who shall constitute next of kin for purposes

of such procedures.

ONSIDERATIONS

.—Any procedures established under this

section shall—

(1) be applied consistently across the Department of

Defense and the Department of Homeland Security, including

all components of the Departments;

(2) minimize any administrative burden on a surviving

spouse or dependent child, including through the elimination

of any requirement for a surviving spouse to apply as a personal

agent for continued access to military installations in 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

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.

(a) S

TUDY

.—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.

(b) R

EPORT

.—Not later than January 1, 2019, the Secretary

shall submit a report to the congressional defense committees

regarding the study under subsection (a). That report shall contain

the following:

(1) Details of the internal and external organizational 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.

ROHIBITION ON

SE OF

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.

(d) M

ILITARY

ESALE

NTITIES

EFINED

.—In this section the

term ‘‘military resale entities’’ means—

(1) the Defense Commissary Agency;

(2) the Army and Air Force Exchange Service;

(3) the Navy Exchange; and

(4) the Marine Corps Exchange.

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

ENERAL

.—The Secretary of Defense may carry out a

pilot program to assess the feasibility and advisability of using

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.

(b) D

ISCHARGE

HROUGH

ARTNERSHIPS

.—The pilot program

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

CTIVITIES

.—Each organization or institution that

participates in a partnership under the pilot program authorized

by subsection (a) shall—

(1) carry out intensive outpatient programs of short 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).

(d) E

VALUATION

ETRICS

.—Before commencement of the pilot

program, the Secretary shall establish metrics to be used to evaluate

the effectiveness of the pilot program and the activities under

the pilot program.

(e) R

EPORTS

.—

(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.

H. R. 5515—171

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.

(a) A

DMINISTRATION OF

ACILITIES BY

IRECTOR OF

EFENSE

EALTH

GENCY

.—

(1) I

N GENERAL

.—Subsection (a) of section 1073c of title

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;

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

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.

(b) A

DDITIONAL

EFENSE

EALTH

GENCY

RGANIZATIONS

.—

(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

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

EPORT ON FEASIBILITY OF FURTHER ADDITIONAL

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.

EPORT ON

EASIBILITY OF

UPERSEDING

RGANIZATION FOR

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.

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.

H. R. 5515—174

SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE MILITARY

HEALTHCARE SYSTEM TO SUPPORT THE MEDICAL

REQUIREMENTS OF THE COMBATANT COMMANDS.

(a) O

RGANIZATIONAL

RAMEWORK

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall, acting

through the Director of the Defense Health Agency, implement

an organizational framework for the military healthcare system

that most effectively implements chapter 55 of title 10, United

States Code, in a manner that maximizes interoperability and

fully integrates medical capabilities of the Armed Forces in

order to enhance joint military medical operations in support

of requirements of the combatant commands.

(2) C

OMPLIANCE WITH CERTAIN REQUIREMENTS

.—The

organizational framework, as implemented, shall comply with

all requirements of section 1073c of title 10, United States

Code, except for the implementation date specified in subsection

(a) of such section.

(b) D

EFENSE

EALTH

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

EALTH

EGIONS

OCONUS.—The organizational

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).

(d) P

LANNING AND

OORDINATION

.—

(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.

H. R. 5515—175

(2) O

VERSIGHT AND ALLOCATION OF RESOURCES

.—

(A) I

N GENERAL

.—The Director shall, consistent with

section 193 of title 10, United States Code, coordinate

with the Chairman of the Joint Chiefs of Staff, through

the Joint Staff Surgeon, to conduct oversight and direct

resources to support requirements related to readiness 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.

(e) A

DDITIONAL

UTIES OF

URGEONS

ENERAL OF THE

RMED

ORCES

.—

(1) I

N GENERAL

.—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.

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.

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.

(2) M

EDICAL FORCE REQUIREMENTS OF THE COMBATANT COM

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

EPORT

.—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 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.

(a) E

LIGIBILITY OF

DDITIONAL

ENEFICIARIES

NDER

EDERAL

MPLOYEES

ENTAL AND

ISION

NSURANCE

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

LANS

.—Subsection

(b) of section 1076a of title 10, United States Code, is amended

to read as follows:

‘‘(b) A

DMINISTRATION OF

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

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.’’.

PPLICABILITY

.—The amendments made by this section shall

apply with respect to the first contract year for chapter 89A of

title 5, United States Code, that begins on or after January 1,

2022.

(d) 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.

(e) R

EPORT

.—

(1) I

N GENERAL

.—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.

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

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.

(b) O

BJECTIVES

.—In carrying out the requirement in subsection

(a), the Secretary shall meet the following objectives:

(1) The referral process shall model best industry practices

for referrals from primary care managers to specialty care

providers.

(2) The process shall limit administrative requirements

for enrolled beneficiaries.

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.

EADLINE FOR

MPLEMENTATION

.—The requirement in sub-

section (a) shall be implemented for referrals under TRICARE Prime

in calendar year 2019.

(d) E

VALUATION AND

MPROVEMENT

.—After 2019, the Secretary

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.

(e) D

EFINITIONS

.—In this section, the terms ‘‘TRICARE pro-

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.

(a) I

ENERAL

.—Section 1074g of title 10, United States Code,

is amended—

(1) by redesignating subsections (g) and (h) as subsections

(h) and (i), respectively; and

(2) by inserting after subsection (f) the following new sub-

section (g):

‘‘(g) S

HARING OF

NFORMATION

ITH

TATE

RESCRIPTION

RUG

ONITORING

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).

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

ONFORMING

MENDMENT

.—Section 1079(q) of such title

is amended by striking ‘‘section 1074g(g)’’ and inserting ‘‘section

1074g(h)’’.

SEC. 716. PILOT PROGRAM ON OPIOID MANAGEMENT IN THE MILITARY

HEALTH SYSTEM.

(a) P

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—Beginning not later than 180 days after

the date of the enactment of this Act, the Director of the

Defense Health Agency shall implement a comprehensive pilot

program to 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

LEMENTS OF

ILOT

ROGRAM

.—The pilot program shall

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.

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.

(2) E

XPANSION

.—The Director may carry out the pilot pro-

gram on a permanent basis if the Director determines that

the mechanisms under the pilot program successfully reduce

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

.—

(1) I

N GENERAL

.—Not later than 180 days before completion

of the pilot program, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the

House of Representatives a report 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.

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

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

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall review

and update policies and procedures relating to the care and 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’’.

(b) S

COPE OF

OLICY

.—In carrying out subsection (a), the Sec-

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;

(D) contract care provided by a private health care

provider outside of a military medical treatment facility;

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.

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).

(d) D

EFINITIONS

.—In this section, the terms ‘‘disability evalua-

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.

(a) I

ENERAL

.—

(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

RIEFING

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense, in consultation

with the Chairman of the Joint Chiefs of Staff and the Secretaries

of the military departments, shall provide a briefing to the 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.

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.

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.

(a) P

ROCESS

EQUIRED

.—Not later than 180 days after the

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

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.

H. R. 5515—183

EPORT

.—Not later than June 1, 2019, the Secretary of

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.

(a) I

NCLUSION IN

EXT

NNUAL

ERIODIC

EALTH

SSESS

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

NCLUSION IN

ERTAIN

URVEYS

.—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.

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.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense, the Secretary

of Health and Human Services, and the Commissioner of Social

Security shall jointly submit to the Committees on Armed Services

of the House of Representatives and the Senate, the Committee

on Ways and Means of the House of Representatives, and the

Committee on Finance of the Senate a report on the 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

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

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

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.

EFINITIONS

.—In this section:

(1) The term ‘‘covered individual’’ means an individual—

(A) who is under 65 years of age;

(B) who is entitled to hospital insurance benefits under

part A of title XVIII of the Social Security Act pursuant

to subparagraph (A) or (C) of section 226(b)(2) of such

Act (42 U.S.C. 426(b)(2));

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

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.

(b) D

URATION

.—The Assistant Secretary shall conduct the pilot

program for a period not to exceed five years.

LINICAL

RAINING

.—Partnerships under subsection (a) shall

permit medics participating in the pilot program to conduct clinical

training at medical facilities of the Department of Defense and

the civilian sector.

(d) 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

.—

(1) I

NITIAL REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and the House of 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

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.

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.

(2) F

INAL REPORT

.—Not later than 180 days after comple-

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).

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.

(f) C

ONSTRUCTION OF

UTHORITIES

.—Nothing in this section

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

LAN

.—Not later than 30 days after the date on which

the budget of the President for fiscal year 2020 is submitted to

Congress pursuant to section 1105 of title 31, United States Code,

the Secretary of Defense, in consultation with the Secretaries of

the military departments, shall submit to the congressional defense

committees a comprehensive strategic medical research plan.

(b) M

ATTERS

NCLUDED

.—The plan under subsection (a) shall

include the following:

(1) A description of all medical research focus areas of

the Department of Defense and a description of the coordination

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.

(a) B

RIEFING AND

EPORT ON

URRENT

RANSITION

.—

(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.

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

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

EPORT ON

UTURE

RANSITIONS

.—Not later than 270 days

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.

ROGRAM

EFINED

.—In this section, the term

‘‘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

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.

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’’.

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

ART

I—C

ONSOLIDATION OF

EFENSE

CQUISITION

TATUTES IN

ART

UBTITLE

ITLE

10, U

NITED

TATES

ODE

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

ART

II—R

EDESIGNATION OF

ECTIONS AND

HAPTERS OF

UBTITLES

B, C,

AND

ROVIDE

OOM FOR

ART

UBTITLE

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

ERTAIN

ROVISIONS OF

EFENSE

CQUISITION

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.

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.

H. R. 5515—190

SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS.

(a) E

FFECTIVE

ATES

.—

(1) P

ARTS I AND II

.—Parts I and II of this subtitle, and

the redesignations and amendments made by such parts, shall

take effect on February 1, 2019.

(2) P

ART III

.—Part III of this subtitle shall take effect

on the date of the enactment of this Act.

(b) C

OORDINATION OF

MENDMENTS

.—The redesignations and

amendments made by part II of this subtitle shall be executed

before the amendments made by part I of this subtitle.

ULE FOR

ERTAIN

EDESIGNATIONS

.—In the case of a

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

ENERAL

.—Subtitle A of title 10, United States Code,

is amended by adding at the end the following new part:

‘‘PART V—ACQUISITION

‘‘Chap. Sec.

‘‘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

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

‘‘285. Small Business Programs ........................................................................... 3901

‘‘287. Socioeconomic Programs .............................................................................. 3961

‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems

‘‘301. Major Defense Acquisition Programs ......................................................... 4001

‘‘303. Weapon Systems Development and Related Matters ............................... 4071

‘‘305. Other Matters Relating to Major Systems ................................................. 4121

‘‘subpart f—special categories of contracting: research, development, test, and evaluation

‘‘321. Research and Development Generally ....................................................... 4201

‘‘323. Innovation ..................................................................................................... 4301

‘‘325. Department of Defense Laboratories ......................................................... 4351

‘‘327. Research and Development Centers and Facilities ................................... 4401

‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451

‘‘subpart g—other special categories of contracting

‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type

Functions .................................................................................................. 4501

‘‘343. Acquisition of Services ................................................................................. 4541

‘‘345. Acquisition of Information Technology ...................................................... 4571

‘‘subpart h—contract management

‘‘361. Contract Administration ............................................................................. 4601

‘‘363. Prohibitions and Penalties .......................................................................... 4651

‘‘365. Contractor Workforce .................................................................................. 4701

‘‘367. Other Administrative and Miscellaneous Provisions ................................ 4751

‘‘subpart i—defense industrial base

‘‘381. Defense Industrial Base Generally ............................................................. 4801

‘‘383. Loan Guarantee Programs .......................................................................... 4861

‘‘385. Procurement Technical Assistance Cooperative Agreement Program ..... 4881

‘‘Subpart A—General

‘‘CHAPTER 201—DEFINITIONS

‘‘§ 3001. øReserved¿

øReserved¿

‘‘CHAPTER 203—GENERAL MATTERS

‘‘§ 3021. øReserved¿

øReserved¿

‘‘CHAPTER 205—DEFENSE ACQUISITION SYSTEM

‘‘§ 3051. øReserved¿

øReserved¿

‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS

MATTERS

‘‘§ 3101. øReserved¿

øReserved¿

H. R. 5515—192

‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT

‘‘§ 3151. øReserved¿

øReserved¿

‘‘Subpart B—Acquisition Planning

‘‘CHAPTER 221—PLANNING AND SOLICITATION

GENERALLY

‘‘§ 3201. øReserved¿

øReserved¿

‘‘CHAPTER 223—PLANNING AND SOLICITATION

RELATING TO PARTICULAR ITEMS OR SERVICES

‘‘§ 3251. øReserved¿

øReserved¿

‘‘Subpart C—Contracting Methods and Contract

Types

‘‘CHAPTER 241—AWARDING OF CONTRACTS

‘‘§ 3301. øReserved¿

øReserved¿

‘‘CHAPTER 243—SPECIFIC TYPES OF CONTRACTS

‘‘§ 3351. øReserved¿

øReserved¿

‘‘CHAPTER 245—TASK AND DELIVERY ORDER

CONTRACTS (MULTIPLE AWARD CONTRACTS)

‘‘§ 3401. øReserved¿

øReserved¿

‘‘CHAPTER 247—ACQUISITION OF COMMERCIAL ITEMS

‘‘§ 3451. øReserved¿

øReserved¿

‘‘CHAPTER 249—MULTIYEAR CONTRACTS

‘‘§ 3501. øReserved¿

øReserved¿

‘‘CHAPTER 251—SIMPLIFIED ACQUISITION

PROCEDURES

‘‘§ 3551. øReserved¿

øReserved¿

H. R. 5515—193

‘‘CHAPTER 253—EMERGENCY AND RAPID ACQUISITIONS

‘‘§ 3601. øReserved¿

øReserved¿

‘‘CHAPTER 255—CONTRACTING WITH OR THROUGH

OTHER AGENCIES

‘‘§ 3651. øReserved¿

øReserved¿

‘‘Subpart D—General Contracting Requirements

‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA

‘‘§ 3701. øReserved¿

øReserved¿

‘‘CHAPTER 273—ALLOWABLE COSTS

‘‘§ 3741. øReserved¿

øReserved¿

‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND

TECHNICAL DATA

‘‘§ 3771. øReserved¿

øReserved¿

‘‘CHAPTER 277—CONTRACT FINANCING

‘‘§ 3801. øReserved¿

øReserved¿

‘‘CHAPTER 279—CONTRACTOR AUDITS AND

ACCOUNTING

‘‘§ 3841. øReserved¿

øReserved¿

‘‘CHAPTER 281—CLAIMS AND DISPUTES

‘‘§ 3861. øReserved¿

øReserved¿

‘‘CHAPTER 283—FOREIGN ACQUISITIONS

‘‘§ 3881. øReserved¿

øReserved¿

‘‘CHAPTER 285—SMALL BUSINESS PROGRAMS

‘‘§ 3901. øReserved¿

øReserved¿

H. R. 5515—194

‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS

‘‘§ 3961. øReserved¿

øReserved¿

‘‘Subpart E—Special Categories of Contracting:

Major Defense Acquisition Programs and Major

Systems

‘‘CHAPTER 301—MAJOR DEFENSE ACQUISITION

PROGRAMS

‘‘§ 4001. øReserved¿

øReserved¿

‘‘CHAPTER 303—WEAPON SYSTEMS DEVELOPMENT AND

RELATED MATTERS

‘‘§ 4071. øReserved¿

øReserved¿

‘‘CHAPTER 305—OTHER MATTERS RELATING TO MAJOR

SYSTEMS

‘‘§ 4121. øReserved¿

øReserved¿

‘‘Subpart F—Special Categories of Contracting:

Research, Development, Test, and Evaluation

‘‘CHAPTER 321—RESEARCH AND DEVELOPMENT

GENERALLY

‘‘§ 4201. øReserved¿

øReserved¿

‘‘CHAPTER 323—INNOVATION

‘‘§ 4301. øReserved¿

øReserved¿

‘‘CHAPTER 325—DEPARTMENT OF DEFENSE

LABORATORIES

‘‘§ 4351. øReserved¿

øReserved¿

‘‘CHAPTER 327—RESEARCH AND DEVELOPMENT

CENTERS AND FACILITIES

‘‘§ 4401. øReserved¿

øReserved¿

H. R. 5515—195

‘‘CHAPTER 329—OPERATIONAL TEST AND EVALUATION;

DEVELOPMENTAL TEST AND EVALUATION

‘‘§ 4451. øReserved¿

øReserved¿

‘‘Subpart G—Other Special Categories Of

Contracting

‘‘CHAPTER 341—CONTRACTING FOR PERFORMANCE OF

CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNC-

TIONS

‘‘§ 4501. øReserved¿

øReserved¿

‘‘CHAPTER 343—ACQUISITION OF SERVICES

‘‘§ 4541. øReserved¿

øReserved¿

‘‘CHAPTER 345—ACQUISITION OF INFORMATION

TECHNOLOGY

‘‘§ 4571. øReserved¿

øReserved¿

‘‘Subpart H—Contract Management

‘‘CHAPTER 361—CONTRACT ADMINISTRATION

‘‘§ 4601. øReserved¿

øReserved¿

‘‘CHAPTER 363—PROHIBITIONS AND PENALTIES

‘‘§ 4651. øReserved¿

øReserved¿

‘‘CHAPTER 365—CONTRACTOR WORKFORCE

‘‘§ 4701. øReserved¿

øReserved¿

‘‘CHAPTER 367—OTHER ADMINISTRATIVE AND

MISCELLANEOUS PROVISIONS

‘‘§ 4751. øReserved¿

øReserved¿

H. R. 5515—196

‘‘Subpart I—Defense Industrial Base

‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE

GENERALLY

‘‘§ 4801. øReserved¿

øReserved¿

‘‘CHAPTER 383—LOAN GUARANTEE PROGRAMS

‘‘§ 4861. øReserved¿

øReserved¿

‘‘CHAPTER 385—PROCUREMENT TECHNICAL

ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

‘‘§ 4881. øReserved¿

‘‘øReserved¿’’.

(b) T

ABLE OF

HAPTERS

MENDMENT

.—The table of chapters

at the beginning of subtitle A is amended by adding at the end

the following new items:

‘‘Part V—ACQUISITION