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H.R. 2810: National Defense Authorization Act for Fiscal Year 2018

The text of the bill below is as of Nov 17, 2017 (Passed Congress).


I

One Hundred Fifteenth Congress of the United States of America

At the First Session

H. R. 2810

AN ACT

To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2018.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

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)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Authority to expedite procurement of 7.62mm rifles.

Sec. 112. Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program.

Sec. 113. Limitation on availability of funds for upgrade of M113 vehicles.

Subtitle C—Navy Programs

Sec. 121. Aircraft carriers.

Sec. 122. Icebreaker vessel.

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers.

Sec. 124. Multiyear procurement authority for Virginia class submarine program.

Sec. 125. Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD–30.

Sec. 126. Multiyear procurement authority for V–22 Osprey aircraft.

Sec. 127. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 128. Limitation on availability of funds for the enhanced multi-mission parachute system.

Sec. 129. Report on Navy capacity to increase production of certain rotary wing aircraft.

Subtitle D—Air Force Programs

Sec. 131. Inventory requirement for Air Force fighter aircraft.

Sec. 132. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.

Sec. 133. Requirement for continuation of JSTARS aircraft recapitalization program.

Sec. 134. Limitation on selection of single contractor for C–130H avionics modernization program increment 2.

Sec. 135. Limitation on availability of funds for EC–130H Compass Call recapitalization program.

Sec. 136. Limitation on retirement of U–2 and RQ–4 aircraft.

Sec. 137. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft.

Sec. 138. Plan for modernization of the radar for F–16 fighter aircraft of the National Guard.

Sec. 139. Comptroller General review of Air Force fielding plan for HH–60 replacement programs.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. F–35 economic order quantity contracting authority.

Sec. 142. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities.

Sec. 143. Requirement that certain aircraft and unmanned aerial vehicles use specified standard data link.

Sec. 144. Reinstatement of requirement to preserve certain C–5 aircraft; mobility capability and requirements study.

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. Cost controls for presidential aircraft recapitalization program.

Sec. 212. Capital investment authority.

Sec. 213. Prizes for advanced technology achievements.

Sec. 214. Joint Hypersonics Transition Office.

Sec. 215. Department of Defense directed energy weapon system prototyping and demonstration program.

Sec. 216. Appropriate use of authority for prototype projects.

Sec. 217. Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 218. Modification of laboratory quality enhancement program.

Sec. 219. Reauthorization of Department of Defense Established Program to Stimulate Competitive Research.

Sec. 220. Codification and enhancement of authorities to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 221. Expansion of definition of competitive procedures to include competitive selection for award of science and technology proposals.

Sec. 222. Inclusion of modeling and simulation in test and evaluation activities for purposes of planning and budget certification.

Sec. 223. Limitation on availability of funds for F–35 Joint Strike Fighter Follow-On Modernization.

Sec. 224. Improvement of update process for populating mission data files used in advanced combat aircraft.

Sec. 225. Support for national security innovation and entrepreneurial education.

Sec. 226. Limitation on cancellation of designation Executive Agent for a certain Defense Production Act program.

Subtitle C—Reports and other matters

Sec. 231. Columbia-class program accountability matrices.

Sec. 232. Review of barriers to innovation in research and engineering activities of the Department of Defense.

Sec. 233. Pilot program to improve incentives for technology transfer from Department of Defense laboratories.

Sec. 234. Competitive acquisition plan for low probability of detection data link networks.

Sec. 235. Clarification of selection dates for pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 236. Requirement for a plan to build a prototype for a new ground combat vehicle for the Army.

Sec. 237. Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System.

Title III—Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Military Aviation and Installation Assurance Siting Clearinghouse.

Sec. 312. Energy performance goals and master plan.

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in connection with Umatilla Chemical Depot, Oregon.

Sec. 314. Payment to Environmental Protection Agency of stipulated penalty in connection with Longhorn Army Ammunition Plant, Texas.

Sec. 315. Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen.

Sec. 316. Centers for Disease Control study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.

Sec. 317. Sentinel Landscapes Partnership.

Sec. 318. Report on release of radium or radioactive material into the groundwater near the industrial reserve plant in Bethpage, New York.

Subtitle C—Logistics and Sustainment

Sec. 321. Reauthorization of multi-trades demonstration project.

Sec. 322. Increased percentage of sustainment funds authorized for realignment to restoration and modernization at each installation.

Sec. 323. Guidance regarding use of organic industrial base.

Subtitle D—Reports

Sec. 331. Quarterly reports on personnel and unit readiness.

Sec. 332. Biennial report on core depot-level maintenance and repair capability.

Sec. 333. Annual report on personnel, training, and equipment needs of non-federalized National Guard.

Sec. 334. Annual report on military working dogs used by the Department of Defense.

Sec. 335. Report on effects of climate change on Department of Defense.

Sec. 336. Report on optimization of training in and management of special use airspace.

Sec. 337. Plan for modernized, dedicated Department of the Navy adversary air training enterprise.

Sec. 338. Updated guidance regarding biennial core report.

Subtitle E—Other Matters

Sec. 341. Explosive safety board.

Sec. 342. Servicewomen's commemorative partnerships.

Sec. 343. Limitation on availability of funds for advanced skills management software system of the Navy.

Sec. 344. Cost-benefit analysis of uniform specifications for Afghan military or security forces.

Sec. 345. Temporary installation reutilization authority for arsenals, depots, and plants.

Sec. 346. Comprehensive plan for sharing depot-level maintenance best practices.

Sec. 347. Pilot program for operation and maintenance budget presentation.

Sec. 348. Repurposing and reuse of surplus Army firearms.

Sec. 349. Department of the Navy marksmanship awards.

Sec. 350. Civilian training for National Guard pilots and sensor operator aircrews of MQ–9 unmanned aerial vehicles.

Sec. 351. Training for National Guard personnel on wildfire response.

Sec. 352. Modification of the Second Division Memorial.

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. Fiscal year 2018 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Number of members of the National Guard on full-time duty in support of the reserves within the National Guard Bureau.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection.

Sec. 502. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment.

Sec. 503. Modification of requirement for specification of number of officers who may be recommended for early retirement by a Selective Early Retirement Board.

Sec. 504. Extension of service-in-grade waiver authority for voluntary retirement of certain general and flag officers for purposes of enhanced flexibility in officer personnel management.

Sec. 505. Inclusion of Principal Military Deputy to the Assistant Secretary of the Army for Acquisition, Technology, and Logistics among officers subject to repeal of statutory specification of general officer grade.

Sec. 506. Clarification of effect of repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces.

Sec. 507. Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of the United States Military Academy and the Dean of the Faculty of the United States Air Force Academy.

Sec. 508. Flexibility in promotion of officers to positions of Staff Judge Advocate to the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force.

Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General of the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces.

Subtitle B—Reserve Component Management

Sec. 511. Equal treatment of orders to serve on active duty under sections 12304a and 12304b of title 10, United States Code.

Sec. 512. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.

Sec. 513. Consolidation of authorities to order members of the reserve components of the Armed Forces to perform duty.

Sec. 514. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Subtitle C—General Service Authorities

Part I—Matters Relating to Discharge and Correction of Military Records

Sec. 520. Consideration of additional medical evidence by Boards for the Correction of Military Records and liberal consideration of evidence relating to post-traumatic stress disorder or traumatic brain injury.

Sec. 521. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the claims involve sexual assault.

Sec. 522. Confidential review of characterization of terms of discharge of members who are victims of sex-related offenses.

Sec. 523. Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation.

Sec. 524. Pilot program on use of video teleconferencing technology by boards for the correction of military records and discharge review boards.

Part II—Other General Service Authorities

Sec. 526. Modification of basis for extension of period for enlistment in the Armed Forces under the Delayed Entry Program.

Sec. 527. Reauthorization of authority to order retired members to active duty in high-demand, low-density assignments.

Sec. 528. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits.

Sec. 529. Extension of authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians.

Sec. 530. Provision of information on naturalization through military service.

Subtitle D—Military Justice and Other Legal Issues

Sec. 531. Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016.

Sec. 532. Enhancement of effective prosecution and defense in courts-martial and related matters.

Sec. 533. Punitive article under the Uniform Code of Military Justice on wrongful broadcast or distribution of intimate visual images or visual images of sexually explicit conduct.

Sec. 534. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Sec. 535. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program.

Sec. 536. Special Victims’ Counsel training regarding the unique challenges often faced by male victims of sexual assault.

Sec. 537. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of private sexual images.

Sec. 538. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member.

Subtitle E—Member Education, Training, Resilience, and Transition

Sec. 541. Element in preseparation counseling for members of the Armed Forces on assistance and support services for caregivers of certain veterans through the Department of Veterans Affairs.

Sec. 542. Improved employment assistance for members of the Army, Navy, Air Force, and Marine Corps and veterans.

Sec. 543. Limitation on release of military service academy graduates to participate in professional athletics.

Sec. 544. Two-year extension of suicide prevention and resilience program for the National Guard and Reserves.

Sec. 545. Annual certifications related to Ready, Relevant Learning initiative of the Navy.

Sec. 546. Authority to expand eligibility for the United States Military Apprenticeship Program.

Sec. 547. Limitation on availability of funds for attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses.

Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.

Sec. 549. Pilot programs on appointment in the excepted service in the Department of Defense of physically disqualified former cadets and midshipmen.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

Part I—Defense Dependents' Education Matters

Sec. 551. Assistance to schools with military dependent students.

Sec. 552. Transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.

Sec. 553. Report on educational opportunities in science, technology, engineering, and mathematics for children who are dependents of members of the Armed Forces.

Part II—Military Family Readiness Matters

Sec. 555. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Sec. 556. Reimbursement for State licensure and certification costs of a spouse of a member of the Armed Forces arising from relocation to another State.

Sec. 557. Temporary extension of extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction.

Sec. 558. Enhancing military childcare programs and activities of the Department of Defense.

Sec. 559. Direct hire authority for Department of Defense for childcare services providers for Department child development centers.

Sec. 560. Pilot program on public-private partnerships for telework facilities for military spouses on military installations outside the United States.

Subtitle G—Decorations and Awards

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. Conner for acts of valor during World War II.

Sec. 562. Authorization for award of Distinguished-Service Cross to Specialist Frank M. Crary for acts of valor in Vietnam.

Subtitle H—Miscellaneous Reporting Requirements

Sec. 571. Analysis and report on accompanied and unaccompanied tours of duty in remote locations with high family support costs.

Sec. 572. Review and reports on policies for regular and reserve officer career management.

Sec. 573. Review and report on effects of personnel requirements and limitations on the availability of members of the National Guard for the performance of funeral honors duty for veterans.

Sec. 574. Review and report on authorities for the employment, use, and status of National Guard and Reserve technicians.

Sec. 575. Assessment and report on expanding and contracting for childcare services of the Department of Defense.

Sec. 576. Review and report on compensation provided childcare services providers of the Department of Defense.

Sec. 577. Comptroller General of the United States assessment and report on the Office of Complex Investigations within the National Guard Bureau.

Sec. 578. Modification of submittal date of Comptroller General of the United States report on integrity of the Department of Defense whistleblower program.

Subtitle I—Other Matters

Sec. 581. Expansion of United States Air Force Institute of Technology enrollment authority to include civilian employees of the homeland security industry.

Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.

Sec. 583. Designation of office within Office of the Secretary of Defense to oversee use of food assistance programs by members of the Armed Forces on active duty.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Annual adjustment of basic monthly pay.

Sec. 602. Prohibiting collection of additional amounts from members living in units under Military Housing Privatization Initiative.

Sec. 603. Limitation on modification of payment authority for Military Housing Privatization Initiative housing.

Sec. 604. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.

Sec. 605. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 606. Reevaluation of BAH for the military housing area including Staten Island.

Subtitle B—Bonus and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. Report regarding the national pilot shortage.

Sec. 617. Special aviation incentive pay and bonus authorities for enlisted members who operate remotely piloted aircraft.

Sec. 618. Technical and conforming amendments relating to 2008 consolidation of special pay authorities.

Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits

Sec. 621. Permanent extension and cost-of-living adjustments of special survivor indemnity allowances under the Survivor Benefit Plan.

Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump sum payments of retired pay under the modernized retirement system for members of the uniformed services.

Sec. 623. Technical correction regarding election to participate in modernized retirement system for reserve component members experiencing a break in service.

Sec. 624. Technical corrections to use of member's current pay grade and years of service in a division of property involving disposable retired pay.

Sec. 625. Continuation pay for the Coast Guard.

Subtitle D—Other Matters

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service property, Dallas, Texas.

Sec. 632. Authority for the Secretaries of the military departments to provide for care of remains of those who die on active duty and are interred in a foreign cemetery.

Sec. 633. Construction of domestic source requirement for footwear furnished to enlisted members of the Armed Forces on initial entry into the Armed Forces.

Sec. 634. Review and update of regulations governing debt collectors interactions with unit commanders of members of the Armed Forces.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Continued access to medical care at facilities of the uniformed services for certain members of the reserve components.

Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy Benefits Program and treatment of certain pharmaceutical agents.

Sec. 703. Provision of hyperbaric oxygen therapy for certain members of the Armed Forces.

Sec. 704. Specification that individuals under the age of 21 are eligible for hospice care services under the TRICARE program.

Sec. 705. Physical examinations for members of a reserve component who are separating from the Armed Forces.

Sec. 706. Mental health assessments before members separate from the Armed Forces.

Sec. 707. Expansion of sexual trauma counseling and treatment for members of the reserve components.

Sec. 708. Expedited evaluation and treatment for prenatal surgery under the TRICARE program.

Subtitle B—Health Care Administration

Sec. 711. Maintenance of inpatient capabilities of military medical treatment facilities located outside the United States.

Sec. 712. Modification of priority for evaluation and treatment of individuals at military treatment facilities.

Sec. 713. Clarification of administration of military medical treatment facilities.

Sec. 714. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program.

Sec. 715. Modification of execution of TRICARE contracting responsibilities.

Sec. 716. Additional emergency uses for medical products to reduce deaths and severity of injuries caused by agents of war.

Sec. 717. Modification of determination of average wait times at urgent care clinics and pharmacies at military medical treatment facilities under pilot program.

Sec. 718. Requirement for reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to covered beneficiaries.

Sec. 719. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 720. Residency requirements for podiatrists.

Sec. 721. Authorization of physical therapist assistants and occupational therapy assistants to provide services under the TRICARE program.

Sec. 722. Selection of military commanders and directors of military medical treatment facilities.

Subtitle C—Reports and Other Matters

Sec. 731. Pilot program on health care assistance system.

Sec. 732. Feasibility study on conduct of pilot program on mental health readiness of part-time members of the reserve components of the Armed Forces.

Sec. 733. Report on plan to improve pediatric care and related services for children of members of the Armed Forces.

Sec. 734. Longitudinal medical study on blast pressure exposure of members of the Armed Forces.

Sec. 735. Study on safe opioid prescribing practices.

Sec. 736. Report on implementation of GAO recommendations.

Sec. 737. Declassification by Department of Defense of certain incidents of exposure of members of the Armed Forces to toxic substances.

Sec. 738. Coordination by Veterans Health Administration of efforts to understand effects of burn pits.

Sec. 739. TRICARE technical amendments.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Statements of purpose for Department of Defense acquisition.

Sec. 802. Management of intellectual property matters within the Department of Defense.

Sec. 803. Performance of incurred cost audits.

Sec. 804. Repeal of certain auditing requirements.

Sec. 805. Increased simplified acquisition threshold.

Sec. 806. Requirements related to the micro-purchase threshold.

Sec. 807. Process for enhanced supply chain scrutiny.

Sec. 808. Defense policy advisory committee on technology.

Sec. 809. Report on extension of development, acquisition, and sustainment authorities of the military departments to the United States Special Operations Command.

Sec. 810. Technical and conforming amendments related to program management provisions.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 811. Modifications to cost or pricing data and reporting requirements.

Sec. 812. Applicability of cost and pricing data certification requirements.

Sec. 813. Sunset of certain provisions relating to the procurement of goods other than United States goods.

Sec. 814. Comptroller General report on health and safety records.

Sec. 815. Limitation on unilateral definitization.

Sec. 816. Amendment to sustainment reviews.

Sec. 817. Use of program income by eligible entities that carry out procurement technical assistance programs.

Sec. 818. Enhanced post-award debriefing rights.

Sec. 819. Amendments relating to information technology.

Sec. 820. Change to definition of subcontract in certain circumstances.

Sec. 821. Amendment relating to applicability of inflation adjustments.

Sec. 822. Use of lowest price technically acceptable source selection process.

Sec. 823. Exemption from design-build selection procedures.

Sec. 824. Contract closeout authority.

Sec. 825. Elimination of cost underruns as factor in calculation of penalties for cost overruns.

Sec. 826. Modification to annual meeting requirement of Configuration Steering Boards.

Sec. 827. Pilot program on payment of costs for denied Government Accountability Office bid protests.

Subtitle C—Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Revisions to definition of major defense acquisition program.

Sec. 832. Prohibition on use of lowest price technically acceptable source selection process for major defense acquisition programs.

Sec. 833. Role of the Chief of the armed force in material development decision and acquisition system milestones.

Sec. 834. Requirement to emphasize reliability and maintainability in weapon system design.

Sec. 835. Licensing of appropriate intellectual property to support major weapon systems.

Sec. 836. Codification of requirements pertaining to assessment, management, and control of operating and support costs for major weapon systems.

Sec. 837. Should-cost management.

Sec. 838. Improvements to test and evaluation processes and tools.

Sec. 839. Enhancements to transparency in test and evaluation processes and data.

Subtitle D—Provisions Relating to Acquisition Workforce

Sec. 841. Enhancements to the civilian program management workforce.

Sec. 842. Credits to Department of Defense Acquisition Workforce Development Fund.

Sec. 843. Improvements to the hiring and training of the acquisition workforce.

Sec. 844. Extension and modifications to acquisition demonstration project.

Subtitle E—Provisions Relating to Commercial Items

Sec. 846. Procurement through commercial e-commerce portals.

Sec. 847. Revision to definition of commercial item.

Sec. 848. Commercial item determinations.

Sec. 849. Review of regulations on commercial items.

Sec. 850. Training in commercial items procurement.

Subtitle F—Provisions Relating to Services Contracting

Sec. 851. Improvement of planning for acquisition of services.

Sec. 852. Standard guidelines for evaluation of requirements for services contracts.

Sec. 853. Report on outcome-based services contracts.

Sec. 854. Pilot program for longer term multiyear service contracts.

Subtitle G—Provisions Relating to Other Transaction Authority and Prototyping

Sec. 861. Contract authority for advanced development of initial or additional prototype units.

Sec. 862. Methods for entering into research agreements.

Sec. 863. Education and training for transactions other than contracts and grants.

Sec. 864. Other transaction authority for certain prototype projects.

Sec. 865. Amendment to nontraditional and small contractor innovation prototyping program.

Sec. 866. Middle tier of acquisition for rapid prototype and rapid fielding.

Sec. 867. Preference for use of other transactions and experimental authority.

Sec. 868. Prototype projects to digitize defense acquisition regulations, policies, and guidance, and empower user tailoring of acquisition process.

Subtitle H—Provisions Relating to Software Acquisition

Sec. 871. Noncommercial computer software acquisition considerations.

Sec. 872. Defense Innovation Board analysis of software acquisition regulations.

Sec. 873. Pilot program to use agile or iterative development methods to tailor major software-intensive warfighting systems and defense business systems.

Sec. 874. Software development pilot program using agile best practices.

Sec. 875. Pilot program for open source software.

Subtitle I—Other Matters

Sec. 881. Extension of maximum duration of fuel storage contracts.

Sec. 882. Procurement of aviation critical safety items.

Sec. 883. Modifications to the advisory panel on streamlining and codifying acquisition regulations.

Sec. 884. Repeal of expired pilot program for leasing commercial utility cargo vehicles.

Sec. 885. Exception for business operations from requirement to accept $1 coins.

Sec. 886. Development of Procurement Administrative Lead Time.

Sec. 887. Notional milestones and standard timelines for contracts for foreign military sales.

Sec. 888. Assessment and authority to terminate or prohibit contracts for procurement from Chinese companies providing support to the Democratic People’s Republic of Korea.

Sec. 889. Report on defense contracting fraud.

Sec. 890. Comptroller General report on contractor business system requirements.

Sec. 891. Training on agile or iterative development methods.

Title IX—Department of Defense Organization and Management

Subtitle A—Office of the Secretary of Defense and Related Matters

Sec. 901. Treatment of incumbent Under Secretary of Defense for Acquisition, Technology, and Logistics.

Sec. 902. Clarification of authority of Under Secretary of Defense for Acquisition and Sustainment with respect to service acquisition programs for which the service acquisition executive is the milestone decision authority.

Sec. 903. Executive Schedule matters relating to Under Secretary of Defense for Acquisition and Sustainment.

Sec. 904. Consistent period of relief from active duty as a commissioned officer of a regular component of the Armed Forces for appointment to Under Secretary of Defense positions.

Sec. 905. Qualifications for appointment and additional duties and powers of certain officials within the Office of the Under Secretary of Defense (Comptroller).

Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense as Deputy Under Secretaries of Defense and related matters.

Sec. 907. Reduction of number and elimination of specific designations of Assistant Secretaries of Defense.

Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries of Defense.

Sec. 909. Appointment and responsibilities of Chief Information Officer of the Department of Defense.

Sec. 910. Chief Management Officer of the Department of Defense.

Subtitle B—Data Management and Analytics

Sec. 911. Policy on treatment of defense business system data related to business operations and management.

Sec. 912. Transparency of defense management data.

Sec. 913. Establishment of set of activities that use data analysis, measurement, and other evaluation-related methods to improve acquisition program outcomes.

Subtitle C—Organization of Other Department of Defense Offices and Elements

Sec. 921. Qualifications for appointment of Assistant Secretaries of the military departments for financial management.

Sec. 922. Manner of carrying out reductions in major Department of Defense headquarters activities pursuant to headquarters reduction plan.

Sec. 923. Certifications on cost savings achieved by reductions in major Department of Defense headquarters activities.

Sec. 924. Corrosion control and prevention executives matters.

Sec. 925. Background and security investigations for Department of Defense personnel.

Subtitle D—Miscellaneous Reporting Requirements

Sec. 931. Additional elements in reports on policy, organization, and management goals of the Secretary of Defense for the Department of Defense.

Sec. 932. Report and sense of Congress on responsibility for developmental test and evaluation within the Office of the Secretary of Defense.

Sec. 933. Report on Office of Corrosion Policy and Oversight.

Subtitle D—Other Matters

Sec. 941. Commission on the National Defense Strategy for the United States.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Consolidation, codification, and improvement of certain authorities and requirements in connection with the audit of the financial statements of the Department of Defense.

Sec. 1003. Improper payment matters.

Sec. 1004. Rankings of auditability of financial statements of the organizations and elements of the Department of Defense.

Sec. 1005. Financial operations dashboard for the Department of Defense.

Sec. 1006. Review and recommendations on efforts to obtain audit opinion on full financial statements.

Sec. 1007. Notification requirement for certain contracts for audit services.

Subtitle B—Counterdrug Activities

Sec. 1011. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1012. Venue for prosecution of maritime drug trafficking.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. National Defense Sealift Fund.

Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear procurement of certain critical components.

Sec. 1023. Operational readiness of littoral combat ships on extended deployment.

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class cruisers or dock landing ships.

Sec. 1025. Policy of the United States on minimum number of battle force ships.

Sec. 1026. Surveying ships.

Subtitle D—Counterterrorism

Sec. 1031. Modification of authority on support of special operations to combat terrorism.

Sec. 1032. Termination of requirement to submit annual budget justification display for Department of Defense combating terrorism program.

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.

Sec. 1036. Prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1037. Sense of Congress regarding providing for timely victim and family testimony in military commission trials.

Sec. 1038. Report on public availability of military commissions proceedings.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Limitation on expenditure of funds for emergency and extraordinary expenses for intelligence and counter-intelligence activities.

Sec. 1042. Matters relating to the submittal of future-years defense programs.

Sec. 1043. Modifications to humanitarian demining assistance authorities.

Sec. 1044. Prohibition on charge of certain tariffs on aircraft traveling through channel routes.

Sec. 1045. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the Department following separation from military service or employment with the Department.

Sec. 1046. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.

Sec. 1047. Report on western Pacific Ocean ship depot maintenance capability and capacity.

Sec. 1048. Annual training regarding the influence campaign of the Russian Federation.

Sec. 1049. Workforce issues for military realignments in the Pacific.

Subtitle F—Studies and Reports

Sec. 1051. Elimination of reporting requirements terminated after November 25, 2017, pursuant to section 1080 of the National Defense Authorization Act for Fiscal Year 2016.

Sec. 1052. Report on transfer of defense articles to units committing gross violations of human rights.

Sec. 1053. Report on the National Biodefense Analysis and Countermeasures Center.

Sec. 1054. Report on Department of Defense Arctic capability and resource gaps and required infrastructure.

Sec. 1055. Review and assessment of Department of Defense personnel recovery and nonconventional assisted recovery mechanisms.

Sec. 1056. Mine warfare readiness inspection plan and report.

Sec. 1057. Annual report on civilian casualties in connection with United States military operations.

Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.

Sec. 1059. Report on alternatives to aqueous film forming foam.

Sec. 1060. Assessment of global force posture.

Sec. 1061. Army modernization strategy.

Sec. 1062. Report on Army plan to improve operational unit readiness by reducing number of non-deployable soldiers assigned to operational units.

Sec. 1063. Efforts to combat physiological episodes on certain Navy aircraft.

Sec. 1064. Studies on aircraft inventories for the Air Force.

Sec. 1065. Department of Defense review of Navy capabilities in the Arctic region.

Sec. 1066. Comprehensive review of maritime intelligence, surveillance, reconnaissance, and targeting capabilities.

Sec. 1067. Report on the need for a Joint Chemical-Biological Defense Logistics Center.

Sec. 1068. Missile Technology Control Regime Category I unmanned aerial vehicle systems.

Sec. 1069. Recommendations for interagency vetting of foreign investments affecting national security.

Sec. 1070. Briefing on prior attempted Russian cyber attacks against defense systems.

Sec. 1071. Enhanced analytical and monitoring capability of the defense industrial base.

Sec. 1072. Report on defense of combat logistics and strategic mobility forces.

Sec. 1073. Report on acquisition strategy to recapitalize the existing system for undersea fixed surveillance.

Sec. 1074. Report on implementation of requirements in connection with the organization of the Department of Defense for management of special operations forces and special operations.

Sec. 1075. Report on the global food system and vulnerabilities relevant to Department of Defense missions.

Subtitle G—Modernizing Government Technology

Sec. 1076. Definitions.

Sec. 1077. Establishment of agency information technology systems modernization and working capital funds.

Sec. 1078. Establishment of technology modernization fund and board.

Subtitle H—Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.

Sec. 1082. Clarification of applicability of certain provisions of law to civilian judges of the United States Court of Military Commission Review.

Sec. 1083. Modification of requirement relating to conversion of certain military technician (dual status) positions to civilian positions.

Sec. 1084. National Guard accessibility to Department of Defense issued unmanned aircraft.

Sec. 1085. Sense of Congress regarding aircraft carriers.

Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.

Sec. 1087. Construction of memorial to the crew of the Apollo I launch test accident at Arlington National Cemetery.

Sec. 1088. Department of Defense engagement with covered non-Federal entities.

Sec. 1089. Prize competition to identify root cause of physiological episodes on Navy, Marine Corps, and Air Force training and operational aircraft.

Sec. 1090. Providing assistance to House of Representatives in response to cybersecurity events.

Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety.

Sec. 1092. Collaboration between Federal Aviation Administration and Department of Defense on unmanned aircraft systems.

Sec. 1093. Carriage of certain programming.

Sec. 1094. National strategy for countering violent extremism.

Sec. 1095. Sense of Congress regarding World War I.

Sec. 1096. Notice to Congress of terms of Department of Defense settlement agreements.

Sec. 1097. Office of Special Counsel reauthorization.

Sec. 1098. Air transportation of civilian Department of Defense personnel to and from Afghanistan.

Title XI—Civilian Personnel Matters

Sec. 1101. Direct hire authority for the Department of Defense for personnel to assist in business transformation and management innovation.

Sec. 1102. Extension of direct hire authority for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base.

Sec. 1103. Extension of authority to provide voluntary separation incentive pay for civilian employees of the Department of Defense.

Sec. 1104. Additional Department of Defense science and technology reinvention laboratories.

Sec. 1105. One year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1106. Direct hire authority for financial management experts in the Department of Defense workforce.

Sec. 1107. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel.

Sec. 1108. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1109. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.

Sec. 1110. Pilot program on enhanced personnel management system for cybsersecurity and legal professionals in the Department of Defense.

Sec. 1111. Establishment of senior scientific technical managers at Major Range and Test Facility Base Facilities and Defense Test Resource Management Center.

Title XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and training

Sec. 1201. One-year extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1202. Support of special operations for irregular warfare.

Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for precision guided munitions.

Sec. 1204. Modification of defense institution capacity building and authority to build capacity of foreign security forces.

Sec. 1205. Extension and modification of authority on training for Eastern European national security forces in the course of multilateral exercises.

Sec. 1206. Global Security Contingency Fund.

Sec. 1207. Defense Institute of International Legal Studies.

Sec. 1208. Extension of participation in and support of the Inter-American Defense College.

Sec. 1209. Plan on improvement of ability of national security forces of foreign countries participating in United States capacity building programs to protect civilians.

Subtitle B—Matters relating to Afghanistan and Pakistan

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

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

Sec. 1213. Special immigrant visas for Afghan allies.

Sec. 1214. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 1215. Extension of semiannual report on enhancing security and stability in Afghanistan.

Sec. 1216. Human rights vetting of Afghan National Defense and Security Forces.

Subtitle C—Matters relating to Syria, Iraq, and Iran

Sec. 1221. Report on United States strategy in Syria.

Sec. 1222. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1223. Modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1225. Modification and additional elements in annual report on the military power of Iran.

Sec. 1226. Extension of quarterly reports on confirmed ballistic missile launches from Iran and imposition of sanctions in connection with those launches.

Sec. 1227. Limitation on use of funds for provision of man-portable air defense systems to the vetted Syrian opposition.

Sec. 1228. Report on agreement with the Government of the Russian Federation on the status of Syria.

Subtitle D—Matters relating to the Russian Federation

Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1233. Sense of Congress on European security.

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

Sec. 1235. Limitation on availability of funds relating to implementation of the Open Skies Treaty.

Sec. 1236. Sense of Congress on importance of nuclear capabilities of NATO.

Sec. 1237. Report on Security Cooperation with respect to Western Balkan Countries.

Sec. 1238. Plan to respond in case of Russian noncompliance with the New START Treaty.

Sec. 1239. Strategy to counter threats by the Russian Federation.

Sec. 1239A. Strategy to counter the threat of malign influence by the Russian Federation.

Subtitle E—Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017

Sec. 1241. Short title.

Sec. 1242. Findings.

Sec. 1243. Compliance enforcement regarding Russian violations of the INF Treaty.

Sec. 1244. Notification requirement related to Russian Federation development of noncompliant systems and United States actions regarding material breach of INF Treaty by the Russian Federation.

Sec. 1245. Review of RS–26 ballistic missile.

Sec. 1246. Definitions.

Subtitle F—Matters relating to the Indo-Asia-Pacific region

Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific region.

Sec. 1252. Report on strategy to prioritize United States defense interests in the Indo-Asia-Pacific region.

Sec. 1253. Assessment of United States force posture and basing needs in the Indo-Asia-Pacific region.

Sec. 1254. Plan to enhance the extended deterrence and assurance capabilities of the United States in the Asia-Pacific region.

Sec. 1255. Sense of Congress reaffirming security commitments to the Governments of Japan and South Korea and trilateral cooperation between the United States, Japan, and South Korea.

Sec. 1256. Strategy on North Korea.

Sec. 1257. North Korean nuclear intercontinental ballistic missiles.

Sec. 1258. Advancements in defense cooperation between the United States and India.

Sec. 1259. Strengthening the defense partnership between the United States and Taiwan.

Sec. 1259A. Normalizing the transfer of defense articles and defense services to Taiwan.

Sec. 1259B. Assessment on United States defense implications of China’s expanding global access.

Sec. 1259C. Agreement supplemental to Compact of Free Association with Palau.

Sec. 1259D. Study on United States interests in the Freely Associated States.

Subtitle G—Reports

Sec. 1261. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1262. Modifications to annual update of Department of Defense Freedom of Navigation Operations report.

Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the Islamic State of Iraq and Syria (ISIS), and their associated forces and co-belligerents.

Sec. 1264. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national security operations.

Sec. 1265. Report on military action of Saudi Arabia and its coalition partners in Yemen.

Sec. 1266. Submittal of Department of Defense Supplemental and Cost of War Execution reports on quarterly basis.

Sec. 1267. Consolidation of reports on United States Armed Forces, civilian employees, and contractors deployed in support of Operation Inherent Resolve, Operation Freedom’s Sentinel, and associated and successor operations.

Sec. 1268. Comptroller General of the United States report on pricing and availability with respect to foreign military sales.

Sec. 1269. Annual report on military and security developments involving the Russian Federation.

Subtitle H—Other matters

Sec. 1271. Security and stability strategy for Somalia.

Sec. 1272. Global Theater Security Cooperation Management Information System.

Sec. 1273. Future years plan for the European Deterrence Initiative.

Sec. 1274. Extension of authority to enter into agreements with participating countries in the American, British, Canadian, and Australian Armies’ Program.

Sec. 1275. United States military and diplomatic strategy for Yemen.

Sec. 1276. Transfer of excess high mobility multipurpose wheeled vehicles to foreign countries.

Sec. 1277. Department of Defense program to protect United States students against foreign agents.

Sec. 1278. Limitation and extension of United States-Israel anti-tunnel cooperation authority.

Sec. 1279. Anticorruption strategy.

Sec. 1279A. Strategy to improve defense institutions and security sector forces in Nigeria.

Sec. 1279B. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1279C. Cultural Heritage Protection Coordinator.

Sec. 1279D. Security assistance for Baltic nations for joint program for interoperability and deterrence against aggression.

Sec. 1279E. Restriction on funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization.

Sec. 1279F. Clarification of authority to support border security operations of certain foreign countries.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical agents and munitions destruction, defense.

Sec. 1403. Drug interdiction and counter-drug activities defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Sec. 1406. National Defense Sealift Fund.

Subtitle B—Other Matters

Sec. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

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

Sec. 1413. Armed Forces Retirement Home matters.

Sec. 1414. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile.

Sec. 1415. Acquisition reporting on major chemical demilitarization programs of the Department of Defense.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of appropriations.

Sec. 1502. Overseas contingency operations.

Sec. 1503. Procurement.

Sec. 1504. Research, development, test, and evaluation.

Sec. 1505. Operation and maintenance.

Sec. 1506. Military personnel.

Sec. 1507. Working capital funds.

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1509. Defense Inspector General.

Sec. 1510. Defense Health program.

Subtitle B—Financial Matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1522. Joint Improvised-Threat Defeat Fund.

Sec. 1523. Comptroller General report on feasibility of separation of expenditures.

Sec. 1524. Guidelines for budget items to be covered by overseas contingency operations accounts.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. Space acquisition and management and oversight.

Sec. 1602. Codification, extension, and modification of limitation on construction on United States territory of satellite positioning ground monitoring stations of foreign governments.

Sec. 1603. Foreign commercial satellite services: cybersecurity threats and launches.

Sec. 1604. Extension of pilot program on commercial weather data.

Sec. 1605. Evolved Expendable Launch Vehicle modernization and sustainment of assured access to space.

Sec. 1606. Demonstration of backup and complementary positioning, navigation, and timing capabilities of Global Positioning System.

Sec. 1607. Enhancement of positioning, navigation, and timing capacity.

Sec. 1608. Commercial satellite communications pathfinder program.

Sec. 1609. Launch support and infrastructure modernization.

Sec. 1610. Limitation on availability of funding for Joint Space Operations Center mission system.

Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.

Sec. 1612. Air Force space contractor responsibility watch list.

Sec. 1613. Certification and briefing on operational and contingency plans for loss or degradation of space capabilities.

Sec. 1614. Report on protected satellite communications.

Sec. 1615. Sense of Congress on establishment of Space Flag training event.

Sec. 1616. Sense of Congress on coordinating efforts to prepare for space weather events.

Sec. 1617. Sense of Congress on National Space Defense Center.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Security clearances for facilities of certain companies.

Sec. 1622. Extension of authority to engage in certain commercial activities.

Sec. 1623. Submission of audits of commercial activity funds.

Sec. 1624. Clarification of annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1625. Consideration of service by recipients of Boren scholarships and fellowships in excepted service positions as service by such recipients under career appointments for purposes of career tenure.

Sec. 1626. Review of support provided by Defense intelligence elements to acquisition activities of the Department.

Sec. 1627. Establishment of Chairman’s controlled activity within Joint Staff for intelligence, surveillance, and reconnaissance.

Sec. 1628. Requirements relating to multi-use sensitive compartmented information facilities.

Sec. 1629. Limitation on availability of funds for certain counterintelligence activities.

Subtitle C—Cyberspace-Related Matters

Part I—General Cyber Matters

Sec. 1631. Notification requirements for sensitive military cyber operations and cyber weapons.

Sec. 1632. Modification to quarterly cyber operations briefings.

Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and cyber warfare.

Sec. 1634. Prohibition on use of products and services developed or provided by Kaspersky Lab.

Sec. 1635. Modification of authorities relating to establishment of unified combatant command for cyber operations.

Sec. 1636. Modification of definition of acquisition workforce to include personnel contributing to cybersecurity systems.

Sec. 1637. Integration of strategic information operations and cyber-enabled information operations.

Sec. 1638. Exercise on assessing cybersecurity support to election systems of States.

Sec. 1639. Measurement of compliance with cybersecurity requirements for industrial control systems.

Sec. 1640. Strategic Cybersecurity Program.

Sec. 1641. Plan to increase cyber and information operations, deterrence, and defense.

Sec. 1642. Evaluation of agile or iterative development of cyber tools and applications.

Sec. 1643. Assessment of defense critical electric infrastructure.

Sec. 1644. Cyber posture review.

Sec. 1645. Briefing on cyber capability and readiness shortfalls.

Sec. 1646. Briefing on cyber applications of blockchain technology.

Sec. 1647. Briefing on training infrastructure for cyber mission forces.

Sec. 1648. Report on termination of dual-hat arrangement for Commander of the United States Cyber Command.

Part II—Cybersecurity Education

Sec. 1649. Cyber Scholarship Program.

Sec. 1649A. Community college cyber pilot program and assessment.

Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.

Sec. 1649C. Cybersecurity teaching.

Subtitle D—Nuclear forces

Sec. 1651. Annual assessment of cyber resiliency of nuclear command and control system.

Sec. 1652. Collection, storage, and sharing of data relating to nuclear security enterprise.

Sec. 1653. Notifications regarding dual-capable F–35A aircraft.

Sec. 1654. Oversight of delayed acquisition programs by Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1655. Establishment of Nuclear Command and Control Intelligence Fusion Center.

Sec. 1656. Security of nuclear command, control, and communications system from commercial dependencies.

Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1658. Security classification guide for programs relating to nuclear command, control, and communications and nuclear deterrence.

Sec. 1659. Evaluation and enhanced security of supply chain for nuclear command, control, and communications and continuity of government programs.

Sec. 1660. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1661. Presidential National Voice Conferencing System and Phoenix Air-to-Ground Communications Network.

Sec. 1662. Limitation on pursuit of certain command and control concept.

Sec. 1663. Prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1664. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1665. Modification to annual report on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.

Sec. 1666. Establishment of procedures for implementation of Nuclear Enterprise Review.

Sec. 1667. Report on impacts of nuclear proliferation.

Sec. 1668. Certification that the Nuclear Posture Review addresses deterrent effect and operation of United States nuclear forces in current and future security environments.

Sec. 1669. Plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors.

Sec. 1670. Certification requirement with respect to strategic radiation hardened trusted microelectronics.

Sec. 1671. Nuclear Posture Review.

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of United Kingdom.

Subtitle E—Missile Defense Programs

Sec. 1676. Administration of missile defense and defeat programs.

Sec. 1677. Condition for proceeding beyond low-rate initial production.

Sec. 1678. Preservation of the ballistic missile defense capacity of the Army.

Sec. 1679. Modernization of Army lower tier air and missile defense sensor.

Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.

Sec. 1681. Designation of location of continental United States interceptor site.

Sec. 1682. Aegis Ashore anti-air warfare capability.

Sec. 1683. Development of persistent space-based sensor architecture.

Sec. 1684. Iron Dome short-range rocket defense system and Israeli Cooperative Missile Defense Program co-development and co-production.

Sec. 1685. Boost phase ballistic missile defense.

Sec. 1686. Ground-based interceptor capability, capacity, and reliability.

Sec. 1687. Limitation on availability of funds for ground-based midcourse defense element of the ballistic missile defense system.

Sec. 1688. Plan for development of space-based ballistic missile intercept layer.

Sec. 1689. Sense of Congress on the state of the missile defense of the United States.

Sec. 1690. Sense of Congress and report on ground-based midcourse defense testing.

Subtitle F—Other Matters

Sec. 1691. Commission to Assess the Threat to the United States From Electromagnetic Pulse Attacks and Similar Events.

Sec. 1692. Protection of certain facilities and assets from unmanned aircraft.

Sec. 1693. Conventional prompt global strike weapons system.

Sec. 1694. Business case analysis regarding ammonium perchlorate.

Sec. 1695. Report on industrial base for large solid rocket motors and related technologies.

Sec. 1696. Pilot program on enhancing information sharing for security of supply chain.

Sec. 1697. Pilot program on electromagnetic spectrum mapping.

Sec. 1698. Use of commercial items in Distributed Common Ground Systems.

Title XVII—Small Business Procurement and Industrial Base Matters

Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.

Sec. 1702. Uniformity in procurement terminology.

Sec. 1703. Improving reporting on small business goals.

Sec. 1704. Responsibilities of Business Opportunity Specialists.

Sec. 1705. Responsibilities of commercial market representatives.

Sec. 1706. Modification of past performance pilot program to include consideration of past performance with allies of the United States.

Sec. 1707. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement websites of the Department of Defense.

Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.

Sec. 1709. Requirements relating to competitive procedures and justification for awards under the SBIR and STTR programs.

Sec. 1710. Pilot program for streamlined technology transition from the SBIR and STTR programs of the Department of Defense.

Sec. 1711. Pilot program on strengthening manufacturing in the defense industrial base.

Sec. 1712. Review regarding applicability of foreign ownership, control, or influence requirements of National Industrial Security Program to national technology and industrial base companies.

Sec. 1713. Report on sourcing of tungsten and tungsten powders from domestic producers.

Sec. 1714. Report on utilization of small business concerns for Federal contracts.

Title XVIII—Government purchase and travel cards

Sec. 1801. Short title.

Sec. 1802. Definitions.

Sec. 1803. Expanded use of data analytics.

Sec. 1804. Guidance on improving information sharing to curb improper payments.

Sec. 1805. Interagency charge card data management group.

Sec. 1806. Reporting requirements.

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. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2106. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2107. Extension of authorization of certain fiscal year 2014 project.

Sec. 2108. Extension of authorizations of certain fiscal year 2015 projects.

Sec. 2109. Additional authority to carry out certain fiscal year 2000, 2005, 2006, and 2007 projects.

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.

Sec. 2205. Extension of authorizations for certain fiscal year 2014 projects.

Sec. 2206. Extension of authorizations of certain fiscal year 2015 projects.

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 fiscal year 2017 projects.

Sec. 2306. Extension of authorizations of certain fiscal year 2015 projects.

Title XXIV—Defense Agencies Military Construction

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy resiliency and conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2017 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2406. Extension of authorizations of certain fiscal year 2015 projects.

Title XXV—International Programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2512. Modification of authority to carry out certain fiscal year 2017 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 2015 project.

Sec. 2612. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2613. Extension of authorizations of certain fiscal year 2015 projects.

Title XXVII—Base Realignment and Closure Activities

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

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing

Sec. 2801. Elimination of written notice requirement for military construction activities and reliance on electronic submission of notifications and reports.

Sec. 2802. Modification of thresholds applicable to unspecified minor construction projects.

Sec. 2803. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2805. Use of operation and maintenance funds for military construction projects to replace facilities damaged or destroyed by natural disasters or terrorism incidents.

Sec. 2806. Annual report on unfunded requirements for laboratory military construction projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Elimination of written notice requirement for military real property transactions and reliance on electronic submission of notifications and reports.

Sec. 2812. Certification related to certain acquisitions or leases of real property.

Sec. 2813. Increased term limit for intergovernmental support agreements to provide installation support services.

Sec. 2814. Authorizing reimbursement of States for costs of suppressing wildfires caused by Department of Defense activities on State lands; restoration of lands of other Federal agencies for damage caused by Department of Defense vehicle mishaps.

Sec. 2815. Criteria for exchanges of property at military installations.

Sec. 2816. Land exchange valuation of property with reduced development that limits encroachment on military installations.

Sec. 2817. Requirements for window fall prevention devices in military family housing.

Sec. 2818. Prohibiting use of updated assessment of public schools on Department of Defense installations to supersede funding of certain projects.

Sec. 2819. Access to military installations by transportation network companies.

Subtitle C—Project Management and Oversight Reforms

Sec. 2821. Notification requirement for certain cost increases.

Sec. 2822. Annual report on schedule delays.

Sec. 2823. Report on design errors and omissions related to Fort Bliss hospital replacement project.

Sec. 2824. Report on cost increase and delay related to USSTRATCOM command and control facility project at Offutt Air Force Base.

Subtitle D—Energy Resilience

Sec. 2831. Energy resilience.

Sec. 2832. Authority to use energy cost savings for energy resilience, mission assurance, and weather damage repair and prevention measures.

Sec. 2833. Consideration of energy security and energy resilience in awarding energy and fuel contracts for military installations.

Sec. 2834. Requirement to address energy resilience in exercising utility system conveyance authority.

Sec. 2835. In-kind lease payments; prioritization of utility services that promote energy resilience.

Sec. 2836. Annual Department of Defense energy management reports.

Sec. 2837. Aggregation of energy efficiency and energy resilience projects in life cycle cost analyses.

Subtitle E—Land Conveyances

Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.

Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.

Sec. 2843. Lease of real property to the United States Naval Academy Alumni Association and Naval Academy Foundation at United States Naval Academy, Annapolis, Maryland.

Sec. 2844. Land Conveyance, Natick Soldier Systems Center, Massachusetts.

Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.

Sec. 2846. Imposition of additional conditions on future use of Castner Range, Fort Bliss, Texas.

Sec. 2847. Land conveyance, former missile alert facility known as Quebec-01, Laramie County, Wyoming.

Subtitle F—Military Memorials, Monuments, and Museums

Sec. 2861. Recognition of the National Museum of World War II Aviation.

Sec. 2862. Principal office of Aviation Hall of Fame.

Sec. 2863. Establishment of a visitor services facility on the Arlington Ridge tract.

Sec. 2864. Modification of prohibition on transfer of veterans memorial objects to foreign governments without specific authorization in law.

Subtitle G—Other Matters

Sec. 2871. Authority of the Secretary of the Air Force to accept lessee improvements at Air Force Plant 42.

Sec. 2872. Modification of Department of Defense guidance on use of airfield pavement markings.

Sec. 2873. Authority of Chief Operating Officer of Armed Forces Retirement Home to acquire and lease property.

Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station.

Sec. 2875. Permitting machine room-less elevators in Department of Defense facilities.

Sec. 2876. Disclosure of beneficial ownership by foreign persons of high security space leased by the Department of Defense.

Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia, with civil aviation.

Sec. 2878. Report on hurricane damage to Department of Defense assets.

Sec. 2879. Special rules for certain projects.

Sec. 2880. Energy security for military installations in Europe.

Title XXIX—Overseas contingency operations military construction

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Navy construction and land acquisition project.

Sec. 2903. Authorized Air Force construction and land acquisition project.

Sec. 2904. Authorized Defense Agencies construction and land acquisition project.

Sec. 2905. Authorization of appropriations.

Sec. 2906. Extension of authorization of certain fiscal year 2015 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. Nuclear security enterprise infrastructure modernization initiative.

Sec. 3112. Incorporation of integrated surety architecture in transportation.

Sec. 3113. Cost estimates for life extension program and major alteration projects.

Sec. 3114. Improved information relating to certain defense nuclear nonproliferation programs.

Sec. 3115. Research and development of advanced naval reactor fuel based on low-enriched uranium.

Sec. 3116. National Nuclear Security Administration pay and performance system.

Sec. 3117. Budget requests and certification regarding nuclear weapons dismantlement.

Sec. 3118. Nuclear warhead design competition.

Sec. 3119. Modification of minor construction threshold for plant projects.

Sec. 3120. Extension of authorization of Advisory Board on Toxic Substances and Worker Health.

Sec. 3121. Use of funds for construction and project support activities relating to MOX facility.

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation.

Subtitle C—Plans and Reports

Sec. 3131. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation.

Sec. 3132. Annual reports on unfunded priorities of National Nuclear Security Administration.

Sec. 3133. Modification of certain reporting requirements.

Sec. 3134. Modification to stockpile stewardship, management, and responsiveness plan.

Sec. 3135. Assessment and development of prototype nuclear weapons of foreign countries.

Sec. 3136. Plan for verification, detection, and monitoring of nuclear weapons and fissile material.

Sec. 3137. Review of United States nuclear and radiological terrorism prevention strategy.

Sec. 3138. Assessment of management and operating contracts of national security laboratories.

Sec. 3139. Evaluation of classification of certain defense nuclear waste.

Sec. 3140. Improved reporting for anti-smuggling radiation detection systems.

Sec. 3141. Plutonium capabilities.

Sec. 3142. Report on critical decision 1 on Material Staging Facility project.

Sec. 3143. Plan to further minimize the use of highly enriched uranium for medical isotopes.

Subtitle D—Other Matters

Sec. 3151. Sense of Congress regarding compensation of individuals relating to uranium 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

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Merchant Ship Sales Act of 1946.

Sec. 3503. Maritime Security Fleet Program; restriction on operation for new entrants.

Sec. 3504. Codification of sections relating to acquisition, charter, and requisition of vessels.

Sec. 3505. Assistance for small shipyards.

Sec. 3506. Report on sexual assault victim recovery in the Coast Guard.

Sec. 3507. Centers of excellence.

Sec. 3508. Foreign spill protection.

Sec. 3509. Removal of adjunct professor limit at United States Merchant Marine Academy.

Sec. 3510. Acceptance of guarantees in conjunction with partial donations for major projects of the United States Merchant Marine Academy.

Sec. 3511. Authority to pay conveyance or transfer expenses in connection with acceptance of a gift to the United States Merchant Marine Academy.

Sec. 3512. Authority to participate in Federal, State or other research grants.

Sec. 3513. Provision of satellite communication devices during Sea Year program.

Sec. 3514. Actions to address sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant Marine Academy.

Sec. 3515. Sexual assault prevention and response staff for the United States Merchant Marine Academy.

Sec. 3516. Protection of cadets at the United States Merchant Marine Academy from sexual assault onboard commercial vessels.

Sec. 3517. Training requirement for sexual assault investigators.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—Research, Development, Test, and Evaluation

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Title XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Title XLIV—Military Personnel

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—Other Authorizations

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—Military Construction

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

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.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Authority to expedite procurement of 7.62mm rifles.

Sec. 112. Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program.

Sec. 113. Limitation on availability of funds for upgrade of M113 vehicles.

Subtitle C—Navy Programs

Sec. 121. Aircraft carriers.

Sec. 122. Icebreaker vessel.

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers.

Sec. 124. Multiyear procurement authority for Virginia class submarine program.

Sec. 125. Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD–30.

Sec. 126. Multiyear procurement authority for V–22 Osprey aircraft.

Sec. 127. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 128. Limitation on availability of funds for the enhanced multi-mission parachute system.

Sec. 129. Report on Navy capacity to increase production of certain rotary wing aircraft.

Subtitle D—Air Force Programs

Sec. 131. Inventory requirement for Air Force fighter aircraft.

Sec. 132. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.

Sec. 133. Requirement for continuation of JSTARS aircraft recapitalization program.

Sec. 134. Limitation on selection of single contractor for C–130H avionics modernization program increment 2.

Sec. 135. Limitation on availability of funds for EC–130H Compass Call recapitalization program.

Sec. 136. Limitation on retirement of U–2 and RQ–4 aircraft.

Sec. 137. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft.

Sec. 138. Plan for modernization of the radar for F–16 fighter aircraft of the National Guard.

Sec. 139. Comptroller General review of Air Force fielding plan for HH–60 replacement programs.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. F–35 economic order quantity contracting authority.

Sec. 142. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities.

Sec. 143. Requirement that certain aircraft and unmanned aerial vehicles use specified standard data link.

Sec. 144. Reinstatement of requirement to preserve certain C–5 aircraft; mobility capability and requirements study.

A

Authorization Of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2018 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.

B

Army Programs

111.

Authority to expedite procurement of 7.62mm rifles

(a)

7.62mm rifles

(1)

Procurement authority

The Secretary of the Army is authorized to expedite the procurement of a commercially available off-the-shelf item or nondevelopmental item for a 7.62mm rifle capability in accordance with this section.

(2)

Limitation

The Secretary of the Army may use the authority under paragraph (1) to procure only the following:

(A)

Not more than 7,000 7.62mm rifles.

(B)

Equipment and ammunition associated with such rifles.

(3)

Contracting procedures

(A)

Full and open competition

In awarding contracts under paragraph (1), the Secretary of the Army shall use full and open competition to the extent practicable.

(B)

Procedures other than full and open competition

The Secretary of the Army may not award a contract under paragraph (1) using procedures other than full and open competition until a period of 10 days has elapsed following the date on which the Secretary submits to the congressional committees the report described in subparagraph (C).

(C)

Report

The report described in this subparagraph is a report of the Secretary of the Army that includes—

(i)

a detailed justification for limiting full and open competition for the procurement authorized under paragraph (1);

(ii)

a description of the objectives, costs, and timelines associated with the procurement; and

(iii)

an assessment of the projected impact of the procurement on any related programs in terms of cost, schedule, and the use of full and open competition in such programs.

(b)

Related programs

(1)

In general

The Secretary of the Army is authorized to use funds made available to carry out subsection (a)—

(A)

to accelerate by two years the squad designated marksman rifle program of the Army;

(B)

to accelerate by two years the advanced armor piercing ammunition program of the Army; and

(C)

subject to paragraph (2), to accelerate the next generation squad weapon program of the Army.

(2)

Full and open competition

Any contract awarded under the next generation squad weapon program of the Army shall be awarded using full and open competition.

(c)

Definitions

In this section, the terms commercially available off-the-shelf item, full and open competition, and nondevelopmental item have the meanings given the terms in chapter 1 of title 41, United States Code.

112.

Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2018 for Increment 2 of the Warfighter Information Network-Tactical program of the Army (referred to in this section as WIN-T Increment 2) not more than 50 percent may be used to enter into, or to prepare to enter into, a contract for the procurement of equipment under the program until the date on which the Secretary of the Army submits the report under subsection (b).

(b)

Report

Not later than January 31, 2018, the Secretary of the Army, in consultation with the Chief of Staff of the Army, shall submit to the congressional defense committees a report on the strategy of the Army for modernizing air-land ad-hoc, mobile tactical communications and data networks.

(c)

Elements

The report under subsection (b) shall include the following:

(1)

A description of the strategy of the Army for modernizing air-land ad-hoc, mobile tactical communications and data networks.

(2)

The justification, rationale, and decision points for the strategy, including how network requirements are being redefined.

(3)

How the Army intends to implement the recommendations accepted by the Secretary of the Army related to air-land ad-hoc, mobile tactical communications and data networks provided by the Director of Cost Assessment and Program Evaluation pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 781).

(4)

How the Army will address the vulnerabilities identified by the report of the Director of Cost Assessment and Program Evaluation on the mobile, ad-hoc network against a modern peer adversary capable of cyber and electronic warfare detection and intrusion.

(5)

A timeline and decision points for upgrading fielded WIN-T Increment 1B systems.

(6)

A list of planned upgrades for components of WIN-T Increment 2 designed to improve program capabilities, including size, weight, and complexity, including the impact of these improvements on the cost of the program, as well as fielding schedules for Army Brigade Combat Teams.

(7)

How the strategy will reduce Army reliance on satellite communications, including procurement and test strategies for more resilient and secure mid-tier line of sight capability.

(8)

How the strategy will address identified joint interoperability capability gaps, specifically for units known as fight tonight units, including procurement and test plans for identified solutions.

(9)

Decision points associated with the near term modernization strategy for mitigating operational capability gaps for such fight tonight units.

(10)

The decision points and timelines associated with the fielding of modernized mobile tactical network communications to the reserve components of the Army.

(11)

The planned funding and program realignments required for fiscal year 2018 and across the future years defense program that will be required to support the new strategy.

(12)

Identification of the changes in acquisition policy as well as operational requirements being implemented to deliver an effective, suitable, and survivable network to the warfighter.

(13)

Identification of the changes in leadership and governance that will be associated with the new strategy.

(d)

Form of report

The report required by section (b) shall be submitted in unclassified form, but may include a classified annex.

113.

Limitation on availability of funds for upgrade of M113 vehicles

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the upgrade of M113 vehicles of the Army, not more than 50 percent may be obligated or expended until the date on which Secretary of the Army submits to the congressional defense committees the report described in subsection (b).

(b)

Report

The report described in this subsection is a report setting forth the strategy of the Army for the upgrade of M113 vehicles that includes the following:

(1)

A detailed strategy for upgrading and fielding M113 vehicles.

(2)

An analysis of the manner in which the Army plans to address M113 vehicle survivability and maneuverability concerns.

(3)

An analysis of the historical costs associated with upgrading M113 vehicles, and a validation of current cost estimates for upgrading such vehicles.

(4)

A comparison of—

(A)

the total procurement and life cycle costs of adding an echelon above brigade requirement to the Army Multi-Purpose Vehicle; and

(B)

the total procurement and life cycle costs of upgrading legacy M113 vehicles.

(5)

An analysis of the possibility of further accelerating Army Multi-Purpose Vehicle production or modifying the fielding strategy for the Army Multi-Purpose Vehicle to meet near-term echelon above brigade requirements.

C

Navy Programs

121.

Aircraft carriers

(a)

Modification of cost limitation baseline for CVN–78 class aircraft carrier program

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2105), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 749), is amended—

(1)

in subsection (a), by striking paragraph (2) and inserting the following:

(2)

Carrier designated as CVN–79

The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–79 may not exceed $11,398,000,000 (as adjusted pursuant to subsection (b)).

(3)

Follow-on ships

The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for any ship that is constructed in the CVN–78 class of aircraft carriers after the aircraft carrier designated as CVN–79 may not exceed $12,568,000,000 (as adjusted pursuant to subsection (b)).

;

(2)

in subsection (b), by amending paragraph (1) to read as follows:

(1)

The amounts of increases or decreases in costs attributable to economic inflation—

(A)

after September 30, 2013, in the case of the aircraft carrier designated as CVN–79; and

(B)

after September 30, 2017, in the case of any ship that is constructed in the CVN–78 class of aircraft carriers after the aircraft carrier designated as CVN–79.

; and

(3)

by adding at the end the following:

(g)

Exclusion of battle and interim spares from cost limitation

The Secretary of the Navy shall exclude from the determination of the amounts set forth in paragraphs (2) and (3) of subsection (a), the costs of the following items:

(1)

CVN–78 class battle spares.

(2)

Interim spares.

.

(b)

Waiver on limitation of availability of funds for CVN–79

The Secretary of Defense may waive subsections (a) and (b) of section 128 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 751) after a period of 60 days has elapsed following the date on which the Secretary submits to the congressional defense committees a written notification of the intent of the Secretary to issue such a waiver. The Secretary shall include in any such notification the following:

(1)

The rationale of the Secretary for issuing the waiver.

(2)

The revised test and evaluation master plan that describes when full ship shock trials will be held on Ford-class aircraft carriers.

(3)

A certification that the Secretary has analyzed and accepted the operational risk of the U.S.S. Gerald R. Ford deploying without having conducted full ship shock trials, and that the Secretary has not delegated the decision to issue such waiver.

122.

Icebreaker vessel

(a)

Authority to procure one polar-class heavy icebreaker

(1)

In general

There is authorized to be procured for the Coast Guard one polar-class heavy icebreaker vessel.

(2)

Condition for out-year contract payments

A contract 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 2018 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(b)

Limitation on availability of funds for procurement of icebreaker vessels

None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for any fiscal year that are unobligated as of the date of the enactment of this Act may be obligated or expended for the procurement of an icebreaker vessel other than the one polar-class heavy icebreaker vessel authorized to be procured under subsection (a)(1).

(c)

Contracting authority

(1)

Coast Guard

If funds are appropriated to the department in which the Coast Guard is operating to carry out subsection (a)(1), the head of contracting activity for the Coast Guard shall be responsible for contracting actions carried out using such funds.

(2)

Navy

If funds are appropriated to the Department of Defense to carry out subsection (a)(1), the head of contracting activity for the Navy, Naval Sea Systems Command shall be responsible for contracting actions carried out using such funds.

(3)

Interagency acquisition

Notwithstanding paragraphs (1) and (2), the head of contracting activity for the Coast Guard or head of contracting activity for the Navy, Naval Sea Systems Command (as the case may be) may authorize interagency acquisitions that are within the authority of such head of contracting activity.

(d)

Comptroller General report

(1)

In general

Not later than March 1, 2018, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report assessing the cost of, and schedule for, the procurement of new icebreaker vessels for the Federal Government.

(2)

Elements

The report under paragraph (1) shall include an analysis of the following:

(A)

The status of the efforts of the Coast Guard to acquire new icebreaking capability, including an explanation of how such efforts are coordinated through the integrated program office.

(B)

Actions taken by the Coast Guard to incorporate key practices of other countries with respect to the procurement of icebreaker vessels to increase the Coast Guard’s knowledge of, and to reduce the costs and risks of, procuring such vessels.

(C)

The extent to which the cost and schedule for the construction of Coast Guard icebreakers differs from such cost and schedule in other countries.

(D)

The extent to which innovative acquisition practices (such as multiyear funding and block buys) may be applied to the procurement of icebreaker vessels to reduce the costs and accelerate the schedule of such procurement.

(E)

A capacity replacement plan to mitigate a potential icebreaker capability gap if the Polar Star cannot remain in service.

(F)

Any other matters the Comptroller General considers appropriate.

123.

Multiyear procurement authority for Arleigh Burke class destroyers

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.

(b)

Authority for advance procurement

The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

(c)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(d)

Limitation

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

124.

Multiyear procurement authority for Virginia class submarine program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of not more than 13 Virginia class submarines.

(b)

Limitation

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

(c)

Authority for advance procurement

The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of—

(1)

long lead time material; or

(2)

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

(d)

Condition for out-year contract payments

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

(e)

Limitation on termination liability

A contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.

(f)

Virginia class submarine defined

The term Virginia class submarine means a block V configured Virginia class submarine.

125.

Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD–30

(a)

In general

Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2018 program year, for the design and construction of—

(1)

the lead ship of the amphibious ship replacement class designated LX(R); or

(2)

the amphibious transport dock designated LPD–30.

(b)

Use of incremental funding

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

(c)

Condition for out-year contract payments

The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2018 is subject to the availability of appropriations for that purpose for such later fiscal year.

126.

Multiyear procurement authority for V–22 Osprey aircraft

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code (except as provided in subsection (b)), the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the 2018 program year, for the procurement of the following:

(1)

V–22 Osprey aircraft.

(2)

Common configuration-readiness and modernization upgrades for V–22 Osprey aircraft.

(b)

Contract period

Notwithstanding section 2306b(k) of title 10, United States Code, the period covered by a contract entered into on a multiyear basis under the authority of subsection (a) may exceed five years, but may not exceed seven years.

(c)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

127.

Extension of limitation on use of sole-source shipbuilding contracts for certain vessels

Section 124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking 2017 and inserting 2017 or fiscal year 2018.

128.

Limitation on availability of funds for the enhanced multi-mission parachute system

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2018 for the enhanced multi-mission parachute system, not more than 80 percent may be used to enter into, or to prepare to enter into, a contract for the procurement of such parachute system until the date on which the Secretary of the Navy submits to the congressional defense committees the certification under subsection (b) and the report under subsection (c).

(b)

Certification

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a certification that states—

(1)

whether the multi-mission parachute system fielded by the Marine Corps meets Marine Corps requirements;

(2)

whether the RA–1 parachute system of the Army meets Marine Corps requirements;

(3)

whether the PARIS, Special Application Parachute of the Marine Corps meets Marine Corps requirements;

(4)

whether the testing plan for the enhanced multi-mission parachute system meets all applicable regulatory requirements; and

(5)

whether the Department of the Navy has determined that a high glide canopy parachute system is as safe and effective as the fielded free fall parachute systems.

(c)

Report

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes—

(1)

an explanation for using the Parachute Industry Association specification for a military parachute given that sports parachutes are deployed from relatively slow flying civilian aircraft at altitudes below 10,000 feet;

(2)

a cost estimate for any new equipment and training that the Marine Corps will require in order to use a high glide parachute;

(3)

justification for why the Department of the Navy is not conducting any testing of parachutes until first article testing; and

(4)

an assessment of the risks associated with high glide canopy parachutes with a focus on how the Department of the Navy will mitigate the risk of malfunctions experienced in other high glide canopy parachute programs.

129.

Report on Navy capacity to increase production of certain rotary wing aircraft

(a)

Report

Not later than March 30, 2018, the Secretary of the Navy shall submit to the congressional defense committees a report that describes and assesses the capacity of the Navy to increase production of the aircraft described in subsection (b), taking into account an increase in the size of the surface fleet of the Navy to 355 ships.

(b)

Aircraft described

The aircraft described in this subsection are the following:

(1)

Anti-submarine warfare rotary wing aircraft.

(2)

Search and rescue rotary wing aircraft.

D

Air Force Programs

131.

Inventory requirement for Air Force fighter aircraft

(a)

Inventory requirement

Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

(i)
(1)

During the period beginning on October 1, 2017, and ending on October 1, 2022, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,970 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,145 fighter aircraft.

(2)

In this subsection:

(A)

The term fighter aircraft means an aircraft that—

(i)

is designated by a mission design series prefix of F– or A–;

(ii)

is manned by one or two crewmembers; and

(iii)

executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control.

(B)

The term primary mission aircraft inventory means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.

.

(b)

Limitation on retirement of air force fighter aircraft

(1)

Limitation

Except as provided in subsection (c), during the period beginning on October 1, 2017, and ending on October 1, 2022, the Secretary of the Air Force may not proceed with a decision to retire fighter aircraft in any number that would reduce the total number of such aircraft in the Air Force total active inventory below 1,970, and shall maintain a minimum of 1,145 fighter aircraft designated as primary mission aircraft inventory.

(2)

Additional limitations on retirement of fighter aircraft

Except as provided in subsection (c), during the period beginning on October 1, 2017, and ending on October 1, 2022, the Secretary of the Air Force may not retire fighter aircraft from the total active inventory as of the date of the enactment of this Act until the later of the following:

(A)

The date that is 30 days after the date on which the Secretary submits the report required under paragraph (3).

(B)

The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—

(i)

the retirement of such fighter aircraft will not increase the operational risk of meeting the National Defense Strategy; and

(ii)

the retirement of such aircraft will not reduce the total fighter force structure below 1,970 fighter aircraft or the primary mission aircraft inventory below 1,145.

(3)

Report on retirement of aircraft

The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

(A)

The rationale for the retirement of existing fighter aircraft and an operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.

(B)

An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft.

(C)

Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate.

(c)

Exception for certain aircraft

The requirement of subsection (b) does not apply to individual fighter 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.

(d)

Fighter aircraft defined

In this section, the term fighter aircraft has the meaning given the term in subsection (i)(2)(A) of section 8062 of title 10, United States Code, as added by subsection (a) of this section.

132.

Prohibition on availability of funds for retirement of E–8 JSTARS aircraft

(a)

Prohibition on availability of funds for retirement

Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft.

(b)

Exception

The prohibition in subsection (a) shall not apply to individual E–8 Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

133.

Requirement for continuation of JSTARS aircraft recapitalization program

(a)

In general

If the budget request submitted to Congress for any fiscal year includes a request by the Secretary of the Air Force to cancel or modify the JSTARS aircraft recapitalization program, the Secretary of Defense shall submit, as part of such budget request, the report described in subsection (b).

(b)

Report

The report described in this subsection, is a report that includes the following:

(1)

The assumptions, rationale, and all analysis supporting the proposed cancellation or modification of the JSTARS aircraft recapitalization program.

(2)

An assessment of the implications of such cancellation or modification for meeting the mission requirements for air battle management and moving target indicator intelligence discipline of the Air Force, the Air National Guard, the Army, the Army National Guard, the Navy and Marine Corps, and the combatant commands.

(3)

A certification that the plan for the cancellation or modification of the recapitalization program would not result in an increased time during which there is a capability or capacity gap in providing battlefield management, command and control and intelligence, surveillance, and reconnaissance capabilities to the combatant commanders.

(4)

Such other matters relating to the proposed cancellation or modification as the Secretary considers appropriate.

(c)

Form of report

The report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(d)

Definitions

In this section:

(1)

The term budget request means the budget materials submitted by the Secretary of Defense in support of the budget of the President for a fiscal year (submitted to Congress pursuant to section 1105 of title 31, United States Code).

(2)

The term JSTARS aircraft recapitalization program means the recapitalization program for the E–8C Joint Surveillance Target Attack Radar System aircraft as such program is proposed to be carried out in the budget request submitted to Congress for fiscal year 2018.

134.

Limitation on selection of single contractor for C–130H avionics modernization program increment 2

(a)

Limitation

The Secretary of the Air Force may not select only a single prime contractor to carry out increment 2 of the C–130H avionics modernization program until the Secretary submits to the congressional defense committees a written certification that, in selecting such a single prime contractor—

(1)

the Secretary will ensure, to the extent practicable, that commercially available off-the-shelf items are used under the program, including technology solutions and nondevelopmental items; and

(2)

excessively restrictive military specification standards will not be used to restrict or eliminate full and open competition in the selection process.

(b)

Definitions

In this section, the terms commercially available off-the-shelf item, full and open competition, and nondevelopmental item have the meanings given the terms in chapter 1 of title 41, United States Code.

135.

Limitation on availability of funds for EC–130H Compass Call recapitalization program

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal year for the EC–130H Compass Call recapitalization program of the Air Force may be obligated until a period of 30 days has elapsed following the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees the certification described in subsection (b).

(b)

Certification

The certification described in this subsection is a written statement certifying that—

(1)

an independent review of the acquisition process for the EC–130H Compass Call recapitalization program of the Air Force has been conducted; and

(2)

as a result of such review, it has been determined that the acquisition process for such program complies with all applicable laws, guidelines, and best practices.

136.

Limitation on retirement of U–2 and RQ–4 aircraft

(a)

Limitation

The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining the fleets of U–2 aircraft or RQ–4 aircraft in their current, or improved, configurations and capabilities until—

(1)

the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate committees of Congress that—

(A)

in the case of the RQ–4 aircraft, the validated operating and sustainment costs of the capability developed to replace the RQ–4 aircraft are less than the validated operating and sustainment costs for the RQ–4 aircraft on a comparable flight-hour cost basis; or

(B)

in the case of the U–2 aircraft, the validated operating and sustainment costs of the capability developed to replace the U–2 aircraft are less than the validated operating and sustainment costs for the U–2 aircraft on a comparable flight-hour cost basis; and

(2)

the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate committees of Congress that the capability to be fielded at the same time or before the retirement of the U–2 aircraft or RQ-4 aircraft (as the case may be) would result in equal or greater capability available to the commanders of the combatant commands and would not result in less capacity available to the commanders of the combatant commands.

(b)

Waiver

The Secretary of Defense may waive the certification requirement under subsection (a)(1) with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—

(1)

determines, after analyzing sufficient and relevant data, that a greater capability is worth increased operating and sustainment costs; and

(2)

provides to the appropriate committees of Congress a certification of such determination and supporting analysis.

(c)

Appropriate committees of congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(d)

Repeal

Section 133 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1321) is repealed.

137.

Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft

(a)

In general

The Secretary of Defense, in consultation with the Secretary of the Air Force, shall conduct an analysis that compares the costs and benefits of the following:

(1)

Upgrading fielded MQ–9 Reaper aircraft to a Block 5 configuration.

(2)

Proceeding with the procurement of MQ–9B aircraft instead of upgrading fielded MQ–9 Reaper aircraft to a Block 5 configuration.

(b)

Report required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the cost-benefit analysis conducted under subsection (a).

(2)

Form of report

The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

138.

Plan for modernization of the radar for F–16 fighter aircraft of the National Guard

(a)

Modernization plan required

The Secretary of the Air Force shall develop a plan to modernize the radars of F–16 fighter aircraft of the National Guard by replacing legacy mechanically-scanned radars for such aircraft with active electronically scanned array radars.

(b)

Report

Not later 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees the plan developed under subsection (a).

139.

Comptroller General review of Air Force fielding plan for HH–60 replacement programs

(a)

Comptroller general review

The Comptroller General of the United States shall conduct a review of the Air Force fielding plan for the HH–60 replacement programs.

(b)

Elements

The review conducted under subsection (a) shall include, with respect to the HH–60 replacement programs, the following:

(1)

A description of the recommendations of the National Commission on the Structure of the Air Force regarding the use of concurrent and proportional fielding and how the Air Force applied the recommendations in the fielding plan for the HH–60G replacement programs.

(2)

An evaluation of the fielding plan, including an assessment of the Air Force rationale for the plan, as well as the alternative fielding plans considered by the Air Force.

(3)

An evaluation of the potential readiness impact of the fielding plan on active duty, National Guard, and Reserve units, including the impact of the plan on the ability of such units to meet training, maintenance, and deployment requirements, as well as the implications for total force integration initiatives should the fielding not be proportional.

(c)

Briefing

Not later than March 1, 2018, the Comptroller General shall provide a briefing to the congressional defense committees on the review conducted under subsection (a).

(d)

Final report

Not later than June 30, 2018, the Comptroller General shall submit to the congressional committees a report that includes the results of the review conducted under subsection (a).

(e)

HH–60G replacement programs defined

In this section, the term HH–60G replacement programs means the HH–60G Ops Loss Replacement program and the HH–60W Combat Rescue Helicopter program.

E

Defense-wide, Joint, and Multiservice Matters

141.

F–35 economic order quantity contracting authority

(a)

In general

Subject to subsections (b) through (e), from amounts made available for obligation under the F–35 aircraft program, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2018 program year, for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2019 and 2020.

(b)

Limitation

The total amount obligated under all contracts entered into under subsection (a) shall not exceed $661,000,000.

(c)

Preliminary findings

Before entering into a contract under subsection (a), the Secretary shall make each of the following findings with respect to such contract:

(1)

The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.

(2)

The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.

(3)

There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation.

(4)

That there is a stable design for the property to be procured and that the technical risks associated with such property are not excessive.

(5)

The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.

(6)

Entering into the contract will promote the national security interests of the United States.

(d)

Certification requirement

Except as provided in subsection (e), the Secretary of Defense may not enter into a contract under subsection (a) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:

(1)

A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic.

(2)

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 program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation.

(3)

The contract is a fixed-price type contract.

(4)

The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

(5)

The Secretary has determined that each of the conditions described in paragraphs (1) through (6) of subsection (c) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(6)

The determination under paragraph (5) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(e)(1) of title 10, United States Code, and the analysis supports that determination.

(e)

Exception

Notwithstanding subsection (d), the Secretary of Defense may enter into a contract under subsection (a) on or after March 1, 2018, if—

(1)

the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under subsection (c) with respect to the contract;

(2)

the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in paragraphs (1) through (5) of subsection (d) is satisfied; and

(3)

a period of 30 days has elapsed following the date on which the Secretary submits the certification under paragraph (2).

142.

Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities

The Secretary of Defense, after consultation with the head of each military service, may provide to an explosive ordnance disposal unit the authority to acquire new or emerging technologies and capabilities that are not specifically provided for in the authorized equipment allowance for the unit, as such allowance is set forth in the table of equipment and table of allowance for the unit.

143.

Requirement that certain aircraft and unmanned aerial vehicles use specified standard data link

Section 157 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667) is amended—

(1)

by amending subsection (b) to read as follows:

(b)

Solicitations

The Secretary of Defense shall—

(1)

ensure that any solicitation issued for a Common Data Link described in subsection (a), regardless of whether the solicitation is issued by a military department or a contractor with respect to a subcontract—

(A)

conforms to a Department of Defense specification standard, including interfaces and waveforms, existing as of the date of the solicitation; and

(B)

does not include any proprietary or undocumented waveforms or control interfaces or data interfaces as a requirement or criterion for evaluation; and

(2)

notify the congressional defense committees not later than 15 days after issuing a solicitation for a Common Data Link to be sunset (CDL–TBS) waveform.

; and

(2)

in subsection (c), in the matter preceding paragraph (1)—

(A)

by striking Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting Deputy Secretary of Defense;

(B)

by striking Under Secretary and inserting Deputy Secretary of Defense; and

(C)

by inserting before October 1, 2023 after committees.

144.

Reinstatement of requirement to preserve certain C–5 aircraft; mobility capability and requirements study

(a)

Preservation of retired aircraft

Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659), as amended by section 132 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is amended by inserting after subsection (c) the following:

(d)

Preservation of certain retired C–5 aircraft

(1)

In general

The Secretary of the Air Force shall preserve eight retired C–5 aircraft until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees.

(2)

Manner of preservation

The retired C–5 aircraft preserved under paragraph (1) shall be preserved such that each aircraft—

(A)

can be returned to service; and

(B)

is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.

.

(b)

Study and briefing

(1)

Study

The Secretary of Defense shall carry out a mobility capability and requirements study that estimates the number or airlift aircraft, tanker aircraft, and sealift ships needed to meet combatant commander requirements.

(2)

Briefing

Not later than September 30, 2018, the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study carried out under paragraph (1). The briefing shall include—

(A)

a detailed explanation of the strategy and associated force sizing and shaping constructs, associated scenarios, and assumptions used to conduct the analysis;

(B)

estimated risk based on Chairman of the Joint Chiefs of Staff risk management classifications; and

(C)

implications of operations in contested areas with regard to the Civil Reserve Air Fleet.

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. Cost controls for presidential aircraft recapitalization program.

Sec. 212. Capital investment authority.

Sec. 213. Prizes for advanced technology achievements.

Sec. 214. Joint Hypersonics Transition Office.

Sec. 215. Department of Defense directed energy weapon system prototyping and demonstration program.

Sec. 216. Appropriate use of authority for prototype projects.

Sec. 217. Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 218. Modification of laboratory quality enhancement program.

Sec. 219. Reauthorization of Department of Defense Established Program to Stimulate Competitive Research.

Sec. 220. Codification and enhancement of authorities to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 221. Expansion of definition of competitive procedures to include competitive selection for award of science and technology proposals.

Sec. 222. Inclusion of modeling and simulation in test and evaluation activities for purposes of planning and budget certification.

Sec. 223. Limitation on availability of funds for F–35 Joint Strike Fighter Follow-On Modernization.

Sec. 224. Improvement of update process for populating mission data files used in advanced combat aircraft.

Sec. 225. Support for national security innovation and entrepreneurial education.

Sec. 226. Limitation on cancellation of designation Executive Agent for a certain Defense Production Act program.

Subtitle C—Reports and other matters

Sec. 231. Columbia-class program accountability matrices.

Sec. 232. Review of barriers to innovation in research and engineering activities of the Department of Defense.

Sec. 233. Pilot program to improve incentives for technology transfer from Department of Defense laboratories.

Sec. 234. Competitive acquisition plan for low probability of detection data link networks.

Sec. 235. Clarification of selection dates for pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 236. Requirement for a plan to build a prototype for a new ground combat vehicle for the Army.

Sec. 237. Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System.

A

Authorization of appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

B

Program requirements, restrictions, and limitations

211.

Cost controls for presidential aircraft recapitalization program

(a)

Fixed capability requirements

Except as provided in subsection (b), the capability requirements for aircraft procured under the presidential aircraft recapitalization program of the Air Force (referred to in this section as the PAR Program) shall be the capability requirements identified in version 7.0.2 of the system requirement document for the PAR Program.

(b)

Adjustments

The Chief of Staff of the Air Force may adjust the capability requirements described in subsection (a) only if the Chief of Staff submits to the congressional defense committees a written determination that such adjustment is necessary—

(1)

to resolve an ambiguity relating to the capability requirement;

(2)

to address a problem with the administration of the capability requirement;

(3)

to lower the development cost or life-cycle cost of the PAR program;

(4)

to comply with a change in international, Federal, State, or local law or regulation that takes effect after September 30, 2017;

(5)

to address a safety issue; or

(6)

subject to subsection (c), to address an emerging threat or vulnerability.

(c)

Limitation on adjustment for emerging threat or vulnerability

The Chief of Staff of the Air Force may use the authority under paragraph (6) of subsection (b) to adjust the requirements described in subsection (a) only if the Secretary and the Chief of Staff of the Air Force, on a nondelegable basis—

(1)

jointly determine that such adjustment is necessary and in the interests of the national security of the United States; and

(2)

submit to the congressional defense committees notice of such joint determination.

(d)

Analysis for fixed-price type contracts

The Secretary of the Air Force shall work with the contractor and conduct an analysis of risk and explore opportunities to enter into additional fixed price type contracts for engineering and manufacturing development beyond the procurement of the unmodified commercial aircraft as described in paragraph (1).

(e)

Quarterly briefings

(1)

In general

Beginning not later than October 1, 2017, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the efforts of the Secretary to control costs under the PAR Program.

(2)

Elements

Each briefing under paragraph (1) shall include, with respect to the PAR Program, the following:

(A)

An overview of the program schedule.

(B)

A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

(C)

An assessment of the status of the program with respect to—

(i)

modification;

(ii)

testing;

(iii)

delivery; and

(iv)

sustainment.

(f)

Service acquisition executive defined

In this section, the term service acquisition executive has the meaning given that term in section 101(a)(10) of title 10, United States Code.

212.

Capital investment authority

Section 2208(k)(2) of title 10, United States Code, is amended by striking $250,000 and inserting $500,000 for procurements by a major range and test facility installation or a science and technology reinvention laboratory and not less than $250,000 for procurements at all other facilities.

213.

Prizes for advanced technology achievements

Section 2374a of title 10, United States Code, is amended—

(1)

in subsection (a), by striking in recognition of and inserting and other types of prizes that the Secretary determines are appropriate to recognize;

(2)

in subsection (c)—

(A)

in paragraph (1), by striking cash prize of and inserting prize with a fair market value of;

(B)

in paragraph (2), by striking Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting Under Secretary of Defense for Research and Engineering; and

(C)

by adding at the end the following new paragraph:

(3)

No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 without the approval of the Under Secretary of Defense for Research and Engineering.

;

(3)

in subsection (e)—

(A)

by inserting or nonmonetary items after accept funds;

(B)

by striking and from State and local governments and inserting , from State and local governments, and from the private sector; and

(C)

by adding at the end the following: The Secretary may not give any special consideration to any private sector entity in return for a donation.; and

(4)

by amending subsection (f) to read as follows:

(f)

Use of prize authority

Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 of this title.

.

214.

Joint Hypersonics Transition Office

(a)

Redesignation

The joint technology office on hypersonics in the Office of the Secretary of Defense is redesignated as the Joint Hypersonics Transition Office. Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to the joint technology office on hypersonics shall be deemed to be a reference to the Joint Hypersonics Transition Office.

(b)

Hypersonics development

Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note), as amended by section 1079(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 999), is amended—

(1)

in the heading of subsection (a), by striking Joint Technology Office on Hypersonics and inserting Joint Hypersonics Transition Office;

(2)

in subsection (a)—

(A)

in the first sentence, by striking joint technology office on hypersonics and inserting Joint Hypersonics Transition Office (in this section referred to as the Office); and

(B)

in the second sentence, by striking office and inserting Office;

(3)

in subsection (b), by striking joint technology office established under subsection (a) and inserting Office; and

(4)

by amending subsection (c) to read as follows:

(c)

Responsibilities

In carrying out the program required by subsection (b), the Office shall do the following:

(1)

Expedite testing, evaluation, and acquisition of hypersonic weapon systems to meet the stated needs of the warfighter, including flight testing, ground-based-testing, and underwater launch testing.

(2)

Coordinate and integrate current and future research, development, test, and evaluation programs and system demonstration programs of the Department of Defense on hypersonics.

(3)

Undertake appropriate actions to ensure—

(A)

close and continuous integration of the programs on hypersonics of the military departments and the Defense Agencies with the programs on hypersonics across the Federal Government and with appropriate private sector and foreign organizations; and

(B)

that both foundational research and developmental and operational testing resources are adequate and well funded, and that facilities are made available in a timely manner to support hypersonics research, demonstration programs, and system development.

(4)

Approve prototyping demonstration programs on hypersonic systems to speed the maturation and deployment of the systems to the warfighter,.

(5)

Ensure that any demonstration program on hypersonic systems that is carried out in any year after its approval under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d).

(6)

Develop strategies and roadmaps for hypersonic technologies to transition to operational capabilities for the warfighter.

(7)

Coordinate with relevant stakeholders and agencies to support United States technological advantage in developing hypersonics.

;

(5)

in subsection (d)(1), by striking joint technology office established under subsection (a) and inserting Office; and

(6)

in subsection (e)—

(A)

in paragraph (1), by striking joint technology office established under subsection (a) and inserting Office; and

(B)

in paragraph (2), by striking joint technology office and inserting Office.

215.

Department of Defense directed energy weapon system prototyping and demonstration program

(a)

Designation of Under Secretary of Defense for Research and Engineering as the official with principal responsibility for development and demonstration of directed energy weapons

Subsection (a)(1) of section 219 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by striking Not later and all that follows through Department of Defense and inserting The Under Secretary of Defense for Research and Engineering shall serve.

(b)

Prototyping and demonstration program

Such section is further amended by adding at the end the following new subsection:

(c)

Prototyping and demonstration program

(1)

Establishment

The Secretary of Defense, acting through the Under Secretary, shall establish a program on the prototyping and demonstration of directed energy weapon systems to build and maintain the military superiority of the United States by—

(A)

accelerating, when feasible, the fielding of directed energy weapon prototypes that would help counter technological advantages of potential adversaries of the United States; and

(B)

supporting the military departments, the combatant commanders, and other relevant defense agencies and entities in developing prototypes and demonstrating operational utility of high energy lasers and high powered microwave weapon systems.

(2)

Guidelines

(A)

Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Under Secretary shall issue guidelines for the operation of the program established under paragraph (1), including the following:

(i)

Criteria required for an application for funding by a military department, defense agency or entity, or a combatant command.

(ii)

The priorities, based on validated requirements or capability gaps, for fielding prototype directed energy weapon system technologies developed by research funding of the Department or industry.

(iii)

Criteria for evaluation of an application for funding or changes to policies or acquisition and business practices by such a department, agency, or command for purposes of improving the effectiveness and efficiency of the program.

(B)

Funding for a military department, defense agency, or combatant command under the program established under paragraph (1) may only be available for advanced technology development, prototyping, and demonstrations in which the Department of Defense maintains management of the technical baseline and a primary emphasis on technology transition and evaluating military utility to enhance the likelihood that the particular directed energy weapon system will meet the Department end user’s need.

(3)

Applications for funding

(A)

Not less frequently than once each year, the Under Secretary shall solicit from the heads of the military departments, the defense agencies, and the combatant commands applications for funding under the program established under paragraph (1) to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of title 10, United States Code, with appropriate entities for the prototyping or commercialization of technologies.

(B)

Nothing in this section shall be construed to require any official of the Department of Defense to provide funding under the program to any congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate.

(4)

Funding

(A)

Except as provided in subparagraph (B) 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 2018 or otherwise made available for fiscal year 2018 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).

(B)

Not more than half of the amounts made available under subparagraph (A) may be allocated as described in such paragraph until the Under Secretary—

(i)

develops the strategic plan required by subsection (a)(2)(A); and

(ii)

submits such strategic plan to the congressional defense committees.

(5)

Under Secretary defined

In this subsection, the term Under Secretary means the Under Secretary of Defense for Research and Engineering in the Under Secretary's capacity as the official with principal responsibility for the development and demonstration of directed energy weapons pursuant to subsection (a)(1).

.

216.

Appropriate use of authority for prototype projects

Section 2371b(d)(1)(A) of title 10, United States Code, is amended by inserting or nonprofit research institution after defense contractor.

217.

Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions

(a)

Arrangements authorized

(1)

In general

The Secretary of Defense and each secretary of a military department may establish one or more multi-institution task order contracts, consortia, cooperative agreements, or other arrangements to facilitate expedited access to university technical expertise, including faculty, staff, and students, in support of Department of Defense missions in the areas specified in subsection (e).

(2)

Use for technical analyses and engineering support

The Secretary may use an arrangement under paragraph (1) to fund technical analyses and other engineering support as required to address acquisition, management, and operational challenges, including support for classified programs and activities.

(b)

Limitation

An arrangement established under subsection (a)(1) may not be used to fund research programs that can be executed through other Department of Defense basic research activities.

(c)

Consultation with other Department of Defense activities

An arrangement established under subsection (a)(1) shall, to the degree practicable, be made in consultation with other Department of Defense activities, including federally funded research and development centers (FFRDCs), university affiliated research centers (UARCs), and Defense laboratories and test centers, for purposes of providing technical expertise and reducing costs and duplicative efforts.

(d)

Policies and procedures

If the Secretary of Defense or a secretary of a military department establishes one or more arrangements under subsection (a)(1), the Secretary of Defense shall establish and implement policies and procedures to govern—

(1)

selection of participants in the arrangement or arrangements;

(2)

the awarding of task orders under the arrangement or arrangements;

(3)

maximum award size for tasks under the arrangement or arrangements;

(4)

the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and

(5)

technical areas under the arrangement or arrangements.

(e)

Mission areas

The areas specified in this subsection are as follows:

(1)

Cybersecurity.

(2)

Air and ground vehicles.

(3)

Shipbuilding.

(4)

Explosives detection and defeat.

(5)

Undersea warfare.

(6)

Trusted electronics.

(7)

Unmanned systems.

(8)

Directed energy.

(9)

Energy, power, and propulsion.

(10)

Management science and operations research.

(11)

Artificial intelligence.

(12)

Data analytics.

(13)

Business systems.

(14)

Technology transfer and transition.

(15)

Biological engineering and genetic enhancement.

(16)

High performance computing.

(17)

Materials science and engineering.

(18)

Quantum information sciences.

(19)

Special operations activities.

(20)

Modeling and simulation.

(21)

Autonomous systems.

(22)

Model based engineering.

(23)

Such other areas as the Secretary considers appropriate.

(f)

Sunset

No new arrangements may be entered into under subsection (a)(1) after September 30, 2020.

(g)

Arrangements established under subsection (a)(1) defined

In this section, the term arrangement established under subsection (a)(1) means a multi-institution task order contract, consortia, cooperative agreement, or other arrangement established under subsection (a)(1).

218.

Modification of laboratory quality enhancement program

(a)

In general

Section 211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (A), by striking ; and and inserting a semicolon;

(B)

in subparagraph (B), by striking the semicolon and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(C)

new interpretations of existing statutes and regulations that would enhance the ability of a director of a science and technology reinvention laboratory to manage the facility and discharge the mission of the laboratory;

;

(2)

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

(3)
(A)

Each panel described in paragraph (1), (2), or (3) of subsection (b) shall submit to the panel described in paragraph (4) of such subsection (relating to governance and oversight processes) the following:

(i)

The findings of the panel with respect to the review conducted by the panel under subsection (a)(1)(C).

(ii)

The recommendations made by the panel under such subsection.

(iii)

Such comments, findings, and recommendations as the panel may have received by a science and technology reinvention laboratory with respect to—

(I)

the review conducted by the panel under such subsection; or

(II)

recommendations made by the panel under such subsection.

(B)
(i)

The panel described in subsection (b)(4) shall review and refashion such recommendations as the panel may receive under subparagraph (A).

(ii)

In reviewing and refashioning recommendations under clause (i), the panel may, as the panel considers appropriate, consult with the science and technology executive of the affected service.

(C)

The panel described in subsection (b)(4) shall submit to the Under Secretary of Defense for Research and Engineering the recommendations made by the panel under subsection (a)(1)(C) and the recommendations refashioned by the panel under subparagraph (B) of this paragraph.

;

(3)

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

(4)

by inserting after subsection (d) the following new subsection (e):

(e)

Interpretation of provisions of law

(1)

The Under Secretary of Defense for Research and Engineering, acting under the guidance of the Secretary, shall issue regulations regarding the meaning, scope, implementation, and applicability of any provision of a statute relating to a science and technology reinvention laboratory.

(2)

In interpreting or defining under paragraph (1), the Under Secretary shall, to the degree practicable, emphasize providing the maximum operational flexibility to the directors of the science and technology reinvention laboratories to discharge the missions of their laboratories.

(3)

In interpreting or defining under paragraph (1), the Under Secretary shall, to the extent practicable, consult and coordinate with the secretaries of the military departments and such other agencies or entities as the Under Secretary considers relevant, on any proposed revision to regulations under paragraph (1).

(4)

In interpreting or defining under paragraph (1), the Under Secretary shall seek recommendations from the panel described in subsection (b)(4).

.

(b)

Technical corrections

(1)

Subsections (a), (c)(1)(C), and (d)(2) of such section are amended by striking Assistant Secretary each place it appears and inserting Under Secretary.

(2)

Subparagraph (C) of section 342(b)(3) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337), as amended by section 211(f) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as redesignated by subsection (a)(3) of this section, is amended by striking Assistant Secretary and inserting Under Secretary.

219.

Reauthorization of Department of Defense Established Program to Stimulate Competitive Research

(a)

Modification of program objectives

Subsection (b) of section 257 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is amended—

(1)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(2)

by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph (1):

(1)

To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.

; and

(3)

in paragraph (2), as redesignated by paragraph (1), by inserting relevant to the mission of the Department of Defense and after that is.

(b)

Modification of program activities

Subsection (c) of such section is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following new paragraph (3):

(3)

To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.

.

(c)

Modification of eligibility criteria for State participation

Subsection (d) of such section is amended—

(1)

in paragraph (2)(B), by inserting in areas relevant to the mission of the Department of Defense after programs; and

(2)

by adding at the end the following new paragraph:

(3)

The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years.

.

(d)

Modification of coordination requirement

Subsection (e) of such section is amended—

(1)

in paragraph (1), by striking shall each place it appears and inserting may; and

(2)

in paragraph (3), by inserting relevant to the mission of the Department of Defense and after Research are.

(e)

Modification of name

(1)

In general

Such section is amended—

(A)

in subsections (a) and (e) by striking Experimental each place it appears and inserting Established; and

(B)

in the section heading, by striking Experimental and inserting Established.

(2)

Clerical amendment

Such Act is amended, in the table of contents in section 2(b), by striking the item relating to section 257 and inserting the following new item:

Sec. 257. Defense established program to stimulate competitive research.

.

(3)

Conforming amendment

Section 307 of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia (Public Law 105–18) is amended by striking Experimental and inserting Established.

220.

Codification and enhancement of authorities to provide funds for defense laboratories for research and development of technologies for military missions

(a)

In general

Chapter 139 of title 10, United States Code, is amended by inserting after section 2362 the following new section:

2363.

Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions

(a)

Mechanisms to provide funds

(1)

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory for the following purposes:

(A)

To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions.

(B)

To fund development programs that support the transition of technologies developed by the defense laboratory into operational use.

(C)

To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with necessary scientific and engineering expertise that support military missions.

(D)

To fund the repair or minor military construction of the laboratory infrastructure and equipment, in accordance with subsection (b).

(2)

The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.

(3)

The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross-laboratory collaboration, including with laboratories of other military departments.

(4)

After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs.

(b)

Availability of funds for infrastructure projects

Funds shall be available in accordance with subsection (a)(1)(D) only if—

(1)

the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and

(2)

the Secretary ensures that the project complies with the applicable cost limitations in—

(A)

section 2805(d) of this title, with respect to revitalization and recapitalization projects; and

(B)

section 2811 of this title, with respect to repair projects.

(c)

Annual report on use of authority

(1)

Not later than March 1 of each year until March 1, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year.

(2)

Each report under paragraph (1) shall include, with respect to the year covered by the report, the following:

(A)

A description of the mechanisms used to provide funding under subsection (a)(1).

(B)

A statement of the amount of funding made available to each defense laboratory for research described under such subsection.

(C)

A description of the investments made by each defense laboratory using funds under such subsection.

(D)

A description and assessment of any improvements in the performance of the defense laboratories as a result of investments under such subsection.

(E)

A description and assessment of the contributions to the development of needed military capabilities provided by research using funds under such subsection.

(F)

A description of any modification to the mechanisms under subsection (a) that would improve the efficiency of the authority under such subsection to support military missions.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2362 the following new item:

2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

.

(c)

Conforming amendments

(1)

Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), is hereby repealed.

(2)

Section 2805(d)(1)(B) of title 10, United States Code, is amended by striking under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note) and inserting section 2363(a) of this title.

221.

Expansion of definition of competitive procedures to include competitive selection for award of science and technology proposals

Section 2302(2)(B) of title 10, United States Code, is amended by striking basic research and inserting science and technology.

222.

Inclusion of modeling and simulation in test and evaluation activities for purposes of planning and budget certification

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

(1)

in subsection (d)(1), in the first sentence, by inserting , including modeling and simulation capabilities after and resources; and

(2)

in subsection (e)(1), by inserting , including modeling and simulation activities, after evaluation activities.

223.

Limitation on availability of funds for F–35 Joint Strike Fighter Follow-On Modernization

(a)

In general

Not more than 25 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 or any other fiscal year for the Department of Defense may be obligated for F–35 Joint Strike Fighter Follow-On Modernization until the Secretary of Defense provides the final report required under section 224(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(b)

Dual capable aircraft

Neither the limitation in subsection (a) nor the limitation in section 224(a) of the National Defense Authorization Act for Fiscal Year 2017 shall be construed to limit or otherwise restrict any funding that is required to develop, certify, or deliver F–35A dual capable aircraft.

224.

Improvement of update process for populating mission data files used in advanced combat aircraft

(a)

Improvements To update process

(1)

In general

The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly.

(2)

Requirements

In improving the process under paragraph (1), the Secretary shall ensure the following:

(A)

That under such process, updates to the mission data files are developed, operationally tested, and loaded onto systems of advanced combat aircraft while in theaters of operation in a time-sensitive manner to allow for the distinguishing of threats, including distinguishing friends from foes, loading and delivery of weapon suites, and coordination with allied and coalition armed forces.

(B)

When updates are made to the mission data files, all areas of responsibility (AoRs) are included.

(C)

The process includes best practices relating to such mission data files that have been identified by industry and allies of the United States.

(D)

The process improves the exchange of information between weapons systems of the United States and weapon systems of allies and partners of the United States, with respect to such mission data files.

(b)

Consultation and pilot programs

In carrying out subsection (a), the Secretary shall consult the innovation organizations resident in the Department of Defense and may consider carrying out a pilot program under another provision of this Act.

(c)

Report

Not later than March 31, 2018, the Secretary shall submit to the congressional defense committees a report on the actions taken by the Secretary under subsection (a)(1) and how the process described in such subsection has been improved.

225.

Support for national security innovation and entrepreneurial education

(a)

Support authorized

(1)

In general

The Secretary of Defense may, acting through the Under Secretary of Defense for Research and Engineering, support national security innovation and entrepreneurial education programs.

(2)

Elements

Support under paragraph (1) may include the following:

(A)

Materials to recruit participants, including veterans, for programs described in paragraph (1).

(B)

Model curriculum for such programs.

(C)

Training materials for such programs.

(D)

Best practices for the conduct of such programs.

(E)

Experimental learning opportunities for program participants to interact with operational forces and better understand national security challenges.

(F)

Exchanges and partnerships with Department of Defense science and technology activities.

(G)

Activities consistent with the Proof of Concept Commercialization Pilot Program established under section 1603 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note).

(b)

Consultation

In carrying out subsection (a), the Secretary may consult with the heads of such Federal agencies, universities, and public and private entities engaged in the development of advanced technologies as the Secretary determines to be appropriate.

(c)

Authorities

The Secretary may—

(1)

develop and maintain metrics to assess national security innovation and entrepreneurial education activities to ensure standards for programs supported under subsection (b) are consistent and being met; and

(2)

ensure that any recipient of an award under the Small Business Technology Transfer program, the Small Business Innovation Research program, and science and technology programs of the Department of Defense has the option to participate in training under a national security innovation and entrepreneurial education program supported under subsection (b).

(d)

Participation by Federal employees and members of the Armed Forces

The Secretary may encourage Federal employees and members of the Armed Forces to participate in a national security innovation and entrepreneurial education program supported under subsection (a) in order to gain exposure to modern innovation and entrepreneurial methodologies.

(e)

Coordination

In carrying out this section, the Secretary shall consider coordinating and partnering with activities and organizations involved in the following:

(1)

Hack the Army.

(2)

Hack the Air Force.

(3)

Hack the Pentagon.

(4)

The Army Digital Service.

(5)

The Defense Digital Service.

(6)

The Air Force Digital Service.

(7)

Challenge and prize competitions of the Defense Advanced Research Projects Agency (DARPA).

(8)

The Defense Science Study Group.

(9)

The Small Business Innovation Research Program (SBIR).

(10)

The Small Business Technology Transfer Program (STTR).

(11)

War colleges of the military departments.

(12)

Hacking for Defense.

(13)

The National Security Science and Engineering Faculty Fellowship (NSSEFF) program.

(14)

The Science, Mathematics and Research for Transformation (SMART) scholarship program.

(15)

The young faculty award program of the Defense Advanced Research Projects Agency.

226.

Limitation on cancellation of designation Executive Agent for a certain Defense Production Act program

(a)

Limitation on cancellation of designation

The Secretary of Defense may not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.1E, entitled Defense Production Act Programs and dated October 12, 2001, of the currently assigned Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the Secretary has—

(1)

completed the review and assessment required by subsection (b)(1); and

(2)

carried out the briefing required by subsection (c).

(b)

Review and assessment required

(1)

In general

The Secretary of Defense, in consultation with the Secretary of the Air Force, shall conduct a review and assessment of the program described in subsection (a).

(2)

Elements

The review and assessment required by paragraph (1) shall include the following:

(A)

Assessment of the current management structure for the program, including analysis of the mechanisms for accountability, as well as cost and management controls currently in place.

(B)

Analysis of alternatives for proposals to modify that management structure to increase accountability, cost and management controls. Such analysis of alternatives should consider the relative merits of centralization and decentralization, roles of other military departments in program management and contracting, as well as the different roles the Office of the Secretary of Defense might play in management, oversight and execution.

(C)

Recommendations for improving the assessment and selection of projects in order to—

(i)

ensure that projects selected are appropriate for use of funds appropriated to carry out title III of the Defense Production Act of 1950;

(ii)

ensure that sufficient vetting and management controls are in place to ensure a reasonable degree of confidence that project ideas or the companies being supported will be viable; and

(iii)

increase overall successful execution for selected projects.

(D)

Such other matters as the Secretary considers appropriate.

(c)

Briefing required

The Secretary shall brief the appropriate Committees of Congress on the findings of the Secretary with respect to the review and assessment conducted under subsection (b).

(d)

Notification required

In the event the Secretary of Defense decides to cancel the designation, under Department of Defense Directive 4400.1E, entitled Defense Production Act Programs and dated October 12, 2001, of the currently assigned Department of Defense Executive Agent for the program described in subsection (a), the Secretary shall submit to the appropriate committees of Congress a written notification of such decision at least 60 days before the decision goes into effect.

(e)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means the—

(1)

the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(2)

the Committee on Armed Services and the Committee on Financial Services of the House of Representatives.

C

Reports and other matters

231.

Columbia-class program accountability matrices

(a)

Submittal of matrices

Concurrent with the President's annual budget request submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2019, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the Columbia-class program.

(b)

Matrices described

The matrices described in this subsection are the following:

(1)

Design and construction goals

A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the design and construction of the Columbia-class program, which shall be subdivided, at a minimum, according to the following:

(A)

Technology-readiness levels of major components and key demonstration events.

(B)

Design maturity.

(C)

Manufacturing-readiness levels for critical manufacturing operations and key demonstration events.

(D)

Manufacturing operations.

(E)

Reliability.

(2)

Cost

A matrix expressing, in annual increments, the total cost phased over the entire Columbia-class design and construction period of—

(A)

the Navy service cost position for the prime contractor’s portion of Columbia-class design and construction activities, including the estimated price at completion for each submarine and confidence level of this estimate;

(B)

the program manager’s estimate for the prime contractor’s portion of Columbia-class design and construction activities, including the estimated price and variance at completion for each submarine; and

(C)

the prime contractor’s estimate for the prime contractor’s portion of Columbia-class design and construction activities, including the estimated price and variance at completion for each submarine.

(c)

Update of matrices

(1)

In general

Not later than 180 days after the date on which the Secretary of the Navy submits the matrices required by subsection (a), and concurrent with the submittal of each annual budget request to Congress under section 1105 of title 31, United States Code, beginning with the fiscal year 2020 request, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General of the United States updates to the matrices described in subsection (b).

(2)

Elements

Each update submitted under paragraph (1) shall detail progress made toward the goals identified in the matrix described in subsection (b)(1) and provide updated cost data as prescribed in subsection (b)(2).

(3)

Treatment of initial matrices as baseline

The matrices submitted pursuant to subsection (a) shall be treated as the baseline for the full Columbia-class design and construction period for purposes of the updates submitted pursuant to paragraph (1) of this subsection.

(4)

Report termination

The report required under paragraph (1) shall terminate upon delivery of the first Columbia-class submarine.

(d)

Assessment by Comptroller General of the United States

Not later than 90 days after the date on which the Comptroller General of the United States receives an update to a matrix under subsection (c)(1), the Comptroller General shall review such matrix and provide to the congressional defense committees an assessment of such matrix in whatever form that the Comptroller General deems appropriate.

(e)

Repeal of report requirement

Section 131 of the National Defense Authorization Act for Fiscal Year 2016 (129 Stat. 754; Public Law 114–92) is hereby repealed.

(f)

Major component defined

In this section, the term major component includes, at a minimum, the integrated power system, nuclear reactor, propulsor and related coordinated stern features, stern area system, and common missile compartment.

232.

Review of barriers to innovation in research and engineering activities of the Department of Defense

(a)

Review

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall review directives, rules, regulations, and other policies that adversely affect the ability of the innovation, research, and engineering enterprise of the Department of Defense to effectively and efficiently execute its missions, including policies and practices concerning the following:

(1)

Personnel and talent management.

(2)

Financial management and budgeting.

(3)

Infrastructure, installations, and military construction.

(4)

Acquisition.

(5)

Management.

(6)

Such other areas as the Secretary may designate.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on—

(1)

the findings of the Secretary with respect to the review conducted under subsection (a);

(2)

proposed changes in directives, rules, regulations, and other policies that will enhance the ability of the innovation, research, and engineering enterprise of the Department to executive its designated missions, including a description of how proposed changes have been coordinated with other appropriate Secretaries of the military departments and the appropriate heads of the defense agencies; and

(3)

processes by which new directives, rules, regulations, and other policies will be reviewed for their potential to adversely affect the ability of the innovation, research, and engineering enterprise of the Department and the lead official designated to execute such review in consultation with other relevant and appropriate Secretaries of the military departments and heads of defense agencies.

233.

Pilot program to improve incentives for technology transfer from Department of Defense laboratories

(a)

In general

The Secretary of Defense shall establish a pilot program to assess the feasibility and advisability of distributing royalties and other payments as described in this section. Under the pilot program, except as provided in subsections (b) and (d), any royalties or other payments received by a Federal agency from the licensing and assignment of inventions under agreements entered into by Department of Defense laboratories, and from the licensing of inventions of Department of Defense laboratories, shall be retained by the laboratory which produced the invention and shall be disposed of as follows:

(1)
(A)

The laboratory director shall pay each year the first $2,000, and thereafter at least 20 percent, of the royalties or other payments, other than payments of patent costs as delineated by a license or assignment agreement, to the inventor or coinventors, if the inventor’s or coinventor’s rights are directly assigned to the United States.

(B)

A laboratory director may provide appropriate incentives, from royalties or other payments, to laboratory employees who are not an inventor of such inventions but who substantially increased the technical value of the inventions.

(C)

The laboratory shall retain the royalties and other payments received from an invention until the laboratory makes payments to employees of a laboratory under subparagraph (A) or (B).

(2)

The balance of the royalties or other payments shall be transferred by the agency to its laboratories, with the majority share of the royalties or other payments from any invention going to the laboratory where the invention occurred. The royalties or other payments so transferred to any laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—

(A)

to reward scientific, engineering, and technical employees of the laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;

(B)

to further scientific exchange among the laboratories of the agency;

(C)

for education and training of employees consistent with the research and development missions and objectives of the agency or laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories of the agency;

(D)

for payment of expenses incidental to the administration and licensing of intellectual property by the agency or laboratory with respect to inventions made at that laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or

(E)

for scientific research and development consistent with the research and development missions and objectives of the laboratory.

(3)

All royalties or other payments retained by the laboratory after payments have been made pursuant to paragraphs (1) and (2) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury of the United States.

(b)

Treatment of payments to employees

(1)

In general

Any payment made to an employee under the pilot program shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof. Any payment made to an inventor as such shall continue after the inventor leaves the laboratory.

(2)

Cumulative payments

(A)

Cumulative payments made under the pilot program while the inventor is still employed at the laboratory shall not exceed $500,000 per year to any one person, unless the Secretary concerned (as defined in section 101(a) of title 10, United States Code) approves a larger award.

(B)

Cumulative payments made under the pilot program after the inventor leaves the laboratory shall not exceed $150,000 per year to any one person, unless the head of the agency approves a larger award (with the excess over $150,000 being treated as an agency award to a former employee under section 4505 of title 5, United States Code).

(c)

Invention management services

Under the pilot program, a laboratory receiving royalties or other payments as a result of invention management services performed for another Federal agency or laboratory under section 207 of title 35, United States Code, may retain such royalties or payments to the extent required to offset payments to inventors under subparagraph (A) of subsection (a)(1), costs and expenses incurred under subparagraph (D) of subsection (a)(2), and the cost of foreign patenting and maintenance for any invention of the other agency. All royalties and other payments remaining after offsetting the payments to inventors, costs, and expenses described in the preceding sentence shall be transferred to the agency for which the services were performed, for distribution in accordance with subsection (a)(2).

(d)

Certain assignments

Under the pilot program, if the invention involved was one assigned to the laboratory—

(1)

by a contractor, grantee, or participant, or an employee of a contractor, grantee, or participant, in an agreement or other arrangement with the agency; or

(2)

by an employee of the agency who was not working in the laboratory at the time the invention was made,

the agency unit that was involved in such assignment shall be considered to be a laboratory for purposes of this section.
(e)

Sunset

The pilot program under this section shall terminate 5 years after the date of the enactment of this Act.

234.

Competitive acquisition plan for low probability of detection data link networks

(a)

Plan required

The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff shall jointly, in consultation with the Secretary of the Navy and the Secretary of the Air Force, develop a plan to procure a secure, low probability of detection data link network capability with the ability to effectively operate in hostile jamming environments while preserving the low observable characteristics of the relevant platforms, between existing and planned—

(1)

fifth-generation combat aircraft;

(2)

fifth-generation and fourth-generation combat aircraft;

(3)

fifth-generation and fourth-generation combat aircraft and appropriate support aircraft and other network nodes for command, control, communications, intelligence, surveillance, and reconnaissance purposes; and

(4)

fifth-generation and fourth-generation combat aircraft and their associated network-enabled precision weapons.

(b)

Additional plan requirements

The plan required by subsection (a) shall include—

(1)

nonproprietary and open systems approaches compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability Environment initiative of the Navy;

(2)

a competitive acquisition process, to include comparative flight demonstrations in realistic airborne environments; and

(3)

low risk and affordable solutions with minimal impact or changes to existing host platforms, and minimal overall integration costs.

(c)

Briefing

Not later than February 15, 2018, the Under Secretary and the Vice Chairman shall provide to the congressional defense committees a potential acquisition strategy and briefing on the plan developed under subsection (a).

(d)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for operations and maintenance for the Office of the Secretary of the Air Force and the Office of the Secretary of the Navy, not more than 85 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Under Secretary and Vice Chairman submits to the congressional defense committees the plan required by subsection (a).

235.

Clarification of selection dates for pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense

Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1)

in subsection (b)(2), by striking the enactment of this Act both places it appears and inserting such submittal; and

(2)

in subsection (c)(1), by striking propose and implement and inserting submit to the Assistant Secretary concerned a proposal on, and implement,.

236.

Requirement for a plan to build a prototype for a new ground combat vehicle for the Army

(a)

In general

Not later than February 1, 2018, the Secretary of the Army shall submit to the congressional defense committees a plan to build a prototype for a new ground combat vehicle for the Army.

(b)

Contents

The plan required by subsection (a) shall include the following:

(1)

A description of how the Secretary intends to exploit the latest enabling component technologies that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment, including an analysis of capabilities of the most advanced foreign ground combat vehicles and whether any have characteristics that should inform the development of the Army's prototype vehicle, including whether any United States allies or partners have advanced capabilities that could be directly incorporated in the prototype.

(2)

The schedule, cost, key milestones, and leadership plan to rapidly design and build the prototype ground combat vehicle.

237.

Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System

(a)

Plan required

Not later than February 1, 2018, the Secretary of the Army shall submit to the congressional defense committees a plan to successfully field a suitable, survivable, and effective Integrated Air and Missile Defense Battle Command System program.

(b)

Limitation

Not more than 50 percent of the funds authorized to be appropriated by this Act for research, development, test, and evaluation may be obligated by the Secretary of the Army for the Army Integrated Air and Missile Defense and the Integrated Air and Missile Defense Battle Command System until the date on which the plan is submitted under subsection (a).

III

Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Military Aviation and Installation Assurance Siting Clearinghouse.

Sec. 312. Energy performance goals and master plan.

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in connection with Umatilla Chemical Depot, Oregon.

Sec. 314. Payment to Environmental Protection Agency of stipulated penalty in connection with Longhorn Army Ammunition Plant, Texas.

Sec. 315. Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen.

Sec. 316. Centers for Disease Control study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.

Sec. 317. Sentinel Landscapes Partnership.

Sec. 318. Report on release of radium or radioactive material into the groundwater near the industrial reserve plant in Bethpage, New York.

Subtitle C—Logistics and Sustainment

Sec. 321. Reauthorization of multi-trades demonstration project.

Sec. 322. Increased percentage of sustainment funds authorized for realignment to restoration and modernization at each installation.

Sec. 323. Guidance regarding use of organic industrial base.

Subtitle D—Reports

Sec. 331. Quarterly reports on personnel and unit readiness.

Sec. 332. Biennial report on core depot-level maintenance and repair capability.

Sec. 333. Annual report on personnel, training, and equipment needs of non-federalized National Guard.

Sec. 334. Annual report on military working dogs used by the Department of Defense.

Sec. 335. Report on effects of climate change on Department of Defense.

Sec. 336. Report on optimization of training in and management of special use airspace.

Sec. 337. Plan for modernized, dedicated Department of the Navy adversary air training enterprise.

Sec. 338. Updated guidance regarding biennial core report.

Subtitle E—Other Matters

Sec. 341. Explosive safety board.

Sec. 342. Servicewomen's commemorative partnerships.

Sec. 343. Limitation on availability of funds for advanced skills management software system of the Navy.

Sec. 344. Cost-benefit analysis of uniform specifications for Afghan military or security forces.

Sec. 345. Temporary installation reutilization authority for arsenals, depots, and plants.

Sec. 346. Comprehensive plan for sharing depot-level maintenance best practices.

Sec. 347. Pilot program for operation and maintenance budget presentation.

Sec. 348. Repurposing and reuse of surplus Army firearms.

Sec. 349. Department of the Navy marksmanship awards.

Sec. 350. Civilian training for National Guard pilots and sensor operator aircrews of MQ–9 unmanned aerial vehicles.

Sec. 351. Training for National Guard personnel on wildfire response.

Sec. 352. Modification of the Second Division Memorial.

A

Authorization of appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2018 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.

B

Energy and Environment

311.

Military Aviation and Installation Assurance Siting Clearinghouse

(a)

Codification

Chapter 7 of title 10, United States Code, is amended by inserting after section 183 the following new section:

183a.

Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

(a)

Establishment

(1)

The Secretary of Defense shall establish a Military Aviation and Installation Assurance Siting Clearinghouse (in this section referred to as the Clearinghouse).

(2)

The Clearinghouse shall be—

(A)

organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and

(B)

assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

(b)

Functions

(1)

The Clearinghouse shall coordinate Department of Defense review of applications for energy projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transportation. In performing such coordination, the Clearinghouse shall provide procedures to ensure affected local military installations are consulted.

(2)

The Clearinghouse shall accelerate the development of planning tools necessary to determine the acceptability to the Department of Defense of proposals included in an application for an energy project submitted pursuant to such section.

(3)

The Clearinghouse shall perform such other functions as the Secretary of Defense assigns.

(c)

Review of proposed actions

(1)

Not later than 60 days after receiving from the Secretary of Transportation a proper application for an energy project under section 44718 of title 49 that may have an adverse impact on military operations and readiness, the Clearinghouse shall conduct a preliminary review of such application. The review shall—

(A)

assess the likely scope, duration, and level of risk of any adverse impact of such energy project on military operations and readiness; and

(B)

identify any feasible and affordable actions that could be taken by the Department, the developer of such energy project, or others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project to proceed with development.

(2)

If the Clearinghouse finds under paragraph (1) that an energy project will have an adverse impact on military operations and readiness, the Clearinghouse shall issue to the applicant a notice of presumed risk that describes the concerns identified by the Department in the preliminary review and requests a discussion of possible mitigation actions.

(3)

At the same time that the Clearinghouse issues to the applicant a notice of presumed risk under paragraph (2), the Clearinghouse shall provide the same notice to the governor of the State in which the project is located and request that the governor provide the Clearinghouse any comments the governor believes of relevance to the application. The Secretary of Defense shall consider the comments of the governor in the Secretary’s evaluation of whether the project presents an unacceptable risk to the national security of the United States and shall include the comments with the finding provided to the Secretary of Transportation pursuant to section 44718(f) of title 49.

(4)

The Clearinghouse shall develop, in coordination with other departments and agencies of the Federal Government, an integrated review process to ensure timely notification and consideration of energy projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 that may have an adverse impact on military operations and readiness.

(5)

The Clearinghouse shall establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from another Federal agency, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response.

(6)

The Clearinghouse shall develop procedures for conducting early outreach to parties carrying out energy projects that could have an adverse impact on military operations and readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section. The procedures shall provide for filing by such parties of a project area and preliminary project layout at least one year before expected construction of any project proposed within a military training route or within line-of-sight of any air route surveillance radar or airport surveillance radar operated or used by the Department of Defense in order to provide adequate time for analysis and negotiation of mitigation options. Material marked as proprietary or competition sensitive by a party filing for this preliminary review shall be protected from public release by the Department of Defense.

(d)

Comprehensive review

(1)

The Secretary of Defense shall develop a comprehensive strategy for addressing the impacts upon the military of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49.

(2)

In developing the strategy required by paragraph (1), the Secretary shall—

(A)

assess the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49;

(B)

solely for the purpose of informing preliminary reviews under subsection (c)(1) and early outreach efforts under subsection (c)(5), identify distinct geographic areas selected as proposed locations for projects filed, or for projects that are reasonably expected to be filed in the near future, with the Secretary of Transportation pursuant to section 44718 of title 49 where the Secretary of Defense can demonstrate such projects could have an adverse impact on military operations and readiness, including military training routes, and categorize the risk of adverse impact in such areas;

(C)

develop procedures for the initial identification of such geographic areas identified under subparagraph (B), to include a process to provide notice and seek public comment prior to making a final designation of the geographic areas, including maps of the area and the basis for identification;

(D)

develop procedures to periodically review and modify, consistent with the notice and public comment process under subparagraph (C), geographic areas identified under subparagraph (B) and to solicit and identify additional geographic areas as appropriate;

(E)

at the conclusion of the notice and public comment period conducted under subparagraph (C), make a final finding on the designation of a geographic area of concern or delegate the authority to make such finding to a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense; and

(F)

specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, on military operations and readiness, including—

(i)

investment priorities of the Department of Defense with respect to research and development;

(ii)

modifications to military operations to accommodate applications for such projects;

(iii)

recommended upgrades or modifications to existing systems or procedures by the Department of Defense;

(iv)

acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new systems; and

(v)

modifications to the projects for which such applications are filed with the Secretary of Transportation pursuant to section 44718 of title 49, including changes in size, location, or technology.

(3)

The Clearinghouse shall make access to data reflecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph available online.

(e)

Department of defense finding of unacceptable risk

(1)

The Secretary of Defense may not object to an energy project filed with the Secretary of Transportation pursuant to section 44718 of title 49, except in a case in which the Secretary of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that such project, in isolation or cumulatively with other projects, would result in an unacceptable risk to the national security of the United States. The Secretary of Defense's finding of unacceptable risk to national security shall be transmitted to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49.

(2)
(A)

Not later than 30 days after making a finding of unacceptable risk under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on such finding and the basis for such finding. Such report shall include an explanation of the operational impact that led to the finding, a discussion of the mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. The report may include a classified annex. Unclassified reports shall also be provided to the project proponent. The Secretary of Defense may provide public notice through the Federal Register of the finding.

(B)

The Secretary of Defense shall notify the appropriate State agency of a finding made under paragraph (1).

(3)

The Secretary of Defense may only delegate the responsibility for making a finding of unacceptable risk under paragraph (1) to the Deputy Secretary of Defense, an under secretary of defense, or a deputy under secretary of defense.

(4)

The Clearinghouse shall develop procedures for making a finding of unacceptable risk, including with respect to how to implement cumulative effects analysis. Such procedures shall be subject to public comment prior to finalization.

(f)

Authority to accept contributions of funds

The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49. Amounts so accepted shall remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such a project on military operations and readiness or to conduct studies of potential measures to mitigate such impacts.

(g)

Effect of Department of Defense hazard assessment

An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required of the Secretary of Transportation under section 44718 of title 49.

(h)

Definitions

In this section:

(1)

The term adverse impact on military operations and readiness means any adverse impact upon military operations and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions.

(2)

The term energy project means a project that provides for the generation or transmission of electrical energy.

(3)

The term landowner means a person that owns a fee interest in real property on which a proposed energy project is planned to be located.

(4)

The term military installation has the meaning given that term in section 2801(c)(4) of this title.

(5)

The term military readiness includes any training or operation that could be related to combat readiness, including testing and evaluation activities.

(6)

The term military training route means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training.

(7)

The term unacceptable risk to the national security of the United States means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill, that the Secretary of Defense can demonstrate would—

(A)

endanger safety in air commerce directly related to the activities of the Department of Defense;

(B)

interfere with the efficient use of the navigable airspace directly related to the activities of the Department of Defense; or

(C)

significantly impair or degrade the capability of the Department of Defense to conduct training, research, development, testing, and evaluation, and operations or to maintain military readiness.

.

(b)

Conforming and clerical amendments

(1)

Repeal of existing provision

Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 44718 note) is repealed.

(2)

Cross-reference in title 49, United States Code

Section 44718(f) of title 49, United States Code, is amended by inserting and in accordance with section 183a(e) of title 10 after conducted under subsection (b).

(3)

Reference to definitions

Section 44718(g) of title 49, United States Code, is amended by striking 211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014 both places it appears and inserting 183a(g) of title 10.

(4)

Table of sections amendment

The table of sections at the beginning of chapter 7 of title 10 is amended by inserting after the item relating to section 183 the following new item:

183a. Military Aviation and Installation Assurance Siting Clearinghouse for review of mission obstructions.

.

(c)

Applicability of existing rules and regulations

Notwithstanding the amendments made by subsection (a), any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 44718 note), that is in effect on the day before the date of the enactment of this Act shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by subsection (a), until such rule or regulation is otherwise amended or repealed.

(d)

Deadline for initial identification of geographic areas

The initial identification of geographic areas under section 183a(d)(2)(B) of title 10, United States Code, as added by subsection (a), shall be completed not later than 180 days after the date of the enactment of this Act.

(e)

Conforming amendment regarding critical military-use airspace areas

Section 44718 of title 49, United States Code, as amended by subsection (b)(3), is further amended—

(1)

by redesignating subsection (g) as subsection (h); and

(2)

by inserting after subsection (f) the following new subsection:

(g)

Special rule for identified geographic areas

In the case of a proposed structure to be located within a geographic area identified under section 183a(d)(2)(B) of title 10, the Secretary of Transportation may not issue a determination pursuant to this section until the Secretary of Defense issues a finding under section 183a(e) of title 10, the Secretary of Defense advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming, or 180 days have lapsed since the project was filed with the Secretary of Transportation pursuant to this section, whichever occurs first.

.

312.

Energy performance goals and master plan

Section 2911(c) of title 10, United States Code, is amended—

(1)

in paragraph (1), by inserting before the period at the end the following: , the future demand for energy, and the requirements for the use of energy;

(2)

in paragraph (2), by striking reduce the future demand and the requirements for the use of energy and inserting enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations; and

(3)

by adding at the end the following new paragraph:

(13)

Opportunities to leverage financing provided by a non-Department entity to address installation energy needs.

.

313.

Payment to Environmental Protection Agency of stipulated penalty in connection with Umatilla Chemical Depot, Oregon

(a)

Authority to transfer funds

(1)

Transfer amount

The Secretary of the Army may transfer an amount of not more than $125,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986. Any such transfer shall be made without regard to section 2215 of title 10, United States Code.

(2)

Source of funds

Any transfer under subsection (a) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for Base Realignment and Closure, Army.

(b)

Purpose of transfer

A transfer under subsection (a) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency in the settlement agreement approved by the Army on July 14, 2016, against the Umatilla Chemical Depot, Oregon under the Federal Facility Agreement between the Army and the Environmental Protection Agency dated September 19, 1989.

(c)

Acceptance of payment

If the Secretary of the Army makes a transfer under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).

314.

Payment to Environmental Protection Agency of stipulated penalty in connection with Longhorn Army Ammunition Plant, Texas

(a)

Authority to transfer funds

(1)

Transfer amount

The Secretary of the Army may transfer an amount of not more than $1,185,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986. Any such transfer shall be made without regard to section 2215 of title 10, United States Code.

(2)

Source of funds

Any transfer under subsection (a) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for Environmental Restoration, Army.

(b)

Purpose of transfer

A transfer under subsection (a) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on April 5, 2013, against Longhorn Army Ammunition Plant, Texas, under the Federal Facility Agreement for Longhorn Army Ammunition Plant, which was entered into between the Army and the Environmental Protection Agency in 1991.

(c)

Acceptance of payment

If the Secretary of the Army makes a transfer under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).

315.

Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen

(a)

Authority

Amounts authorized to be appropriated for the Department of the Army may by used for all necessary expenses for the removal and cleanup of petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen, which was transferred from the United States to the Republic of the Marshall Islands in 1986.

(b)

Certification

If the Secretary of the Army does not use the authority provided by subsection (a), the Secretary shall submit a certification to the congressional defense committees not later than September 30, 2018, that the petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen do not adversely impact safety or military operations.

316.

Centers for Disease Control study on health implications of per- and polyfluoroalkyl substances contamination in drinking water

(a)

Study on human health implications

(1)

In general

The Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry, and, as appropriate, the National Institute of Environmental Health Sciences, and in consultation with the Department of Defense, shall—

(A)

commence a study on the human health implications of per- and polyfluoroalkyl substances (PFAS) contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels;

(B)

not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

(i)

complete such study and make any appropriate recommendations; and

(ii)

submit a report to the appropriate congressional committees on the results of such study; and

(C)

not later than one year after the date of the enactment of this Act, and annually thereafter until submission of the report under subparagraph (B)(ii), submit to the appropriate congressional committees a report on the progress of the study.

(2)

Funding

Of the amounts authorized to be appropriated by this Act for the Department of Defense, $7,000,000 shall be available to carry out the study under this subsection.

(3)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means—

(A)

the congressional defense committees;

(B)

the Committee on Heath, Education, Labor, and Pensions, the Committee on Environment and Public Works, and the Committee on Veterans' Affairs of the Senate; and

(C)

the Committee on Energy and Commerce and the Committee on Veterans' Affairs of the House of Representatives.

(b)

Exposure assessment

(1)

In general

The Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry, and, as appropriate, the National Institute of Environmental Health Sciences, and in consultation with the Department of Defense, shall conduct an exposure assessment of no less than 8 current or former domestic military installations known to have PFAS contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.

(2)

Contents

The exposure assessment required under this subsection shall—

(A)

include—

(i)

for each military installation covered under the exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services in consultation with the relevant State health departments; and

(ii)

bio-monitoring for assessing the contamination described in paragraph (1); and

(B)

produce findings, which shall be—

(i)

used to help design the study described in subsection (a)(1)(A); and

(ii)

released to the appropriate congressional committees not later than 1 year after the conclusion of such exposure assessment.

(3)

Timing

The exposure assessment required under this subsection shall—

(A)

begin not later than 180 days after the date of enactment of this Act; and

(B)

conclude not later than 2 years after such date of enactment.

(c)

Coordination with other agencies

The Agency for Toxic Substance and Disease Registry may, as necessary, use staff and other resources from other Federal agencies in carrying out the study under subsection (a) and the assessment under subsection (b).

(d)

No effect on regulatory process

The study and assessment conducted under this section shall not interfere with any regulatory processes of the Environmental Protection Agency, including determinations of maximum contaminant levels.

317.

Sentinel Landscapes Partnership

(a)

Establishment

The Secretary of Defense, in coordination with the Secretary of Agriculture and the Secretary of the Interior, may establish and carry out a program to preserve sentinel landscapes. The program shall be known as the Sentinel Landscapes Partnership.

(b)

Designation of sentinel landscapes

The Secretary of Defense, the Secretary of Agriculture, and the Secretary of the Interior, may, as the Secretaries determine appropriate, collectively designate one or more sentinel landscapes.

(c)

Coordination of activities

The Secretaries may coordinate actions between their departments and with other agencies and private organizations to more efficiently work together for the mutual benefit of conservation, working lands, and national defense, and to encourage private landowners to engage in voluntary land management and conservation activities that contribute to the sustainment of military installations, ranges, and airspace.

(d)

Priority consideration

The Secretary of Agriculture and the Secretary of the Interior may give to any eligible landowner or agricultural producer within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary’s department. Participation in any such program pursuant to this section shall be voluntary.

(e)

Definitions

In this section:

(1)

Military installation

The term military installation has the same meaning as provided in section 670(1) of title 16, United States Code.

(2)

State-owned national guard installation

The term State-owned National Guard installation has the same meaning as provided in section 670(3) of title 16, United States Code.

(3)

Sentinel landscape

The term sentinel landscape means a landscape-scale area encompassing—

(A)

one or more military installations or state-owned National Guard installations and associated airspace; and

(B)

the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military- or State-owned National Guard installation or installations.

(f)

Conforming amendment

Section 312(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed.

318.

Report on release of radium or radioactive material into the groundwater near the industrial reserve plant in Bethpage, New York

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress an addendum to the report submitted to Congress in June 2017 entitled 2017 Annual Report For Groundwater Impacts at Naval Weapons Industrial Reserve Plant Bethpage, New York that would detail any releases by the Department of Defense of radium or radioactive material into the groundwater within a 75-mile radius of the industrial reserve plant in Bethpage, New York.

C

Logistics and Sustainment

321.

Reauthorization of multi-trades demonstration project

Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note), as most recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1694) is amended—

(1)

in subsection (d), by striking 2018 and inserting 2023; and

(2)

in subsection (e), by striking 2019 and inserting 2024.

322.

Increased percentage of sustainment funds authorized for realignment to restoration and modernization at each installation

(a)

In general

The Secretary of Defense may authorize an installation commander to realign up to 7.5 percent of an installation’s sustainment funds to restoration and modernization.

(b)

Sunset

The authority under subsection (a) shall expire at the close of September 30, 2022.

(c)

Definitions

The terms sustainment, restoration, and modernization have the meanings given the terms in the Department of Defense Financial Management Regulation.

323.

Guidance regarding use of organic industrial base

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall establish clear and prescriptive guidance on the process for conducting make-or-buy analyses for Army requirements, including the use of the organic industrial base.

D

Reports

331.

Quarterly reports on personnel and unit readiness

(a)

Modification and improvement

Section 482 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking Each report and inserting The reports for the first and third quarters of a calendar year; and

(B)

by adding at the end the following new sentence: The reports for the second and fourth quarters of a calendar year shall contain the information required by subsection (j).;

(2)

in subsection (b)—

(A)

in the subsection heading, by striking and remedial actions;

(B)

in the matter preceding paragraph (1), by striking Each report and inserting A report for the second or fourth quarter of a calendar year;

(C)

in paragraph (1), by inserting and after the semicolon;

(D)

by striking paragraph (2); and

(E)

by redesignating paragraph (3) as paragraph (2);

(3)

in subsection (d)(1), by striking Each report and inserting A report for the second or fourth quarter of a calendar year;

(4)

in subsection (e), by striking Each report and inserting A report for the second or fourth quarter of a calendar year;

(5)

in subsection (f)(1), by striking Each report and inserting A report for the second or fourth quarter of a calendar year;

(6)

in subsection (g)(1), by striking Each report and inserting A report for the second or fourth quarter of a calendar year; and

(7)

by adding at the end the following new subsection:

(j)

Remedial actions

A report for the first or third quarter of a calendar year shall include—

(1)

a description of the mitigation plans of the Secretary to address readiness shortfalls and operational deficiencies identified in the report submitted for the preceding calendar quarter; and

(2)

for each such shortfall or deficiency, a timeline for resolution, the cost necessary for such resolution, the mitigation strategy the Department will employ until the resolution is in place, and any legislative remedies required.

.

(b)

Conforming amendments

Section 117 of title 10, United States Code, is amended—

(1)

in subsection (d)—

(A)

in the subsection heading, by striking Quarterlyand inserting Semi-annual; and

(B)

in paragraph (1)(A), by striking quarterly and inserting semi-annual; and

(2)

in subsection (e), by striking each quarter and inserting semi-annually.

332.

Biennial report on core depot-level maintenance and repair capability

Section 2464(d) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(4)

Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant to Department of Defense Instruction 4151.20, or any successor instruction.

(5)

A description of any workload executed at a category designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate shortfalls in similar categories.

(6)

A description of any progress made on implementing mitigation plans developed pursuant to paragraph (3).

(7)

A description of core capability requirements and corresponding workloads at the first level category.

(8)

In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory of the work breakdown structure in which the shortfall occurred.

(9)

In the case of any work breakdown structure category designated as a special interest item or other pursuant to such Instruction, or any successor instruction, an explanation for such designation.

(10)

Whether the core depot-level maintenance and repair capability requirements described in the report submitted under this subsection for the preceding fiscal year have been executed.

.

333.

Annual report on personnel, training, and equipment needs of non-federalized National Guard

(a)

Annual report required

Section 10504 of title 10, United States Code, as amended by section 1051, is further amended—

(1)

in subsection (a)—

(A)

in the subsection heading, by striking Report and inserting Report on state of the National Guard; and

(B)

by striking The report and inserting the following:

(2)

The annual report required by paragraph (1)

; and

(2)

by adding at the end the following new subsection:

(b)

Annual report on non-federalized service national guard personnel, training, and equipment requirements

(1)

Not later than January 31 of each of calendar years 2018 through 2020, the Chief of the National Guard Bureau, in coordination with the Secretary of Defense, shall submit to the recipients described in paragraph (3) a report that identifies the personnel, training, and equipment required by the non-Federalized National Guard—

(A)

to support civilian authorities in connection with natural and man-made disasters during the covered period; and

(B)

to carry out prevention, protection, mitigation, response, and recovery activities relating to such disasters during the covered period.

(2)

In preparing each report under paragraph (1), the Chief of the National Guard Bureau shall—

(A)

consult with the chief executive of each State, the Council of Governors, and other appropriate civilian authorities;

(B)

collect and validate information from each State relating to the personnel, training, and equipment requirements described in paragraph (1);

(C)

set forth separately the personnel, training, and equipment requirements for—

(i)

each of the emergency support functions of the National Response Framework; and

(ii)

each of the Federal Emergency Management Agency regions;

(D)

assess core civilian capability gaps relating to natural and man-made disasters, as identified by States in submissions to the Department of Homeland Security;

(E)

take into account threat and hazard identifications and risk assessments of the Department of Defense, the Department of Homeland Security, and the States; and

(F)

assess the budgets of each State to support the personnel, training, and equipment requirements of the non-Federalized National Guard.

(3)

The annual report required by paragraph (1) shall be submitted to the following officials:

(A)

The congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

(B)

The Secretary of Defense.

(C)

The Secretary of Homeland Security.

(D)

The Council of Governors.

(E)

The Secretary of the Army.

(F)

The Secretary of the Air Force.

(G)

The Commander of the United States Northern Command.

(H)

The Commander of the United States Pacific Command.

(I)

The Commander of the United States Cyber Command.

(4)

In this subsection, the term covered period means the fiscal year beginning after the date on which a report is submitted under paragraph (1).

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

10504.

Chief of National Guard Bureau: annual reports

.

(2)

Table of contents

The table of sections at the beginning of chapter 1011 of title 10, United States Code, is amended by striking the item relating to section 10504 and inserting the following:

10504. Chief of National Guard Bureau: annual reports.

.

334.

Annual report on military working dogs used by the Department of Defense

(a)

Capacity

The Secretary of Defense, acting through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the Executive Agent), shall—

(1)

identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;

(2)

take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);

(3)

ensure that the Department’s needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; and

(4)

coordinate with other Federal, State, and local agencies, nonprofit organizations, universities, and private sector entities, as appropriate, to increase the training capacity for military working dog teams.

(b)

Military working dog procurement

The Secretary, acting through the Executive Agent, shall work to ensure that military working dogs are procured as efficiently as possible and at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding.

(c)

Annual report

Not later than 90 days after the date of the enactment of this Act, and annually thereafter until September 30, 2021, the Secretary, acting through the Executive Agent, shall submit to the congressional defense committees a report on the procurement and retirement of military working dogs for the fiscal year preceding the fiscal year during which the report is submitted. Each report under this subsection shall include the following for the fiscal year covered by the report:

(1)

The number of military working dogs procured, by source, by each military department or Defense Agency.

(2)

The cost of procuring military working dogs incurred by each military department or Defense Agency.

(3)

The number of domestically-bred and sourced military working dogs procured by each military department or Defense Agency, including a list of vendors, their location, cost, and the quantity of dogs procured from each vendor.

(4)

The number of non-domestically-bred military working dogs procured from non-domestic sources by each military department or Defense Agency, including a list of vendors, their location, cost, and the quantity of dogs procured from each vendor.

(5)

The cost of procuring pre-trained and green dogs for force protection, facility and checkpoint security, and improvised explosive device, other explosives, and drug detection.

(6)

An analysis of the procurement practices of each military department or Defense Agency that limit market access for domestic canine vendors and breeders.

(7)

The total cost of procuring domestically-bred military working dogs versus the total cost of procuring dogs from non-domestic sources.

(8)

The total number of domestically-bred dogs and the number of dogs from foreign sources procured by each military department or Defense Agency and the number and percentage of those dogs that are ultimately deployed for their intended use.

(9)

An explanation for any significant difference in the cost of procuring military working dogs from different sources.

(10)

An estimate of the number of military working dogs expected to retire annually and an identification of the primary cause of the retirement of such dogs.

(11)

An identification of the final disposition of military working dogs no longer in service.

(d)

Military working dog defined

For purposes of this section, the term military working dog means a dog used in any official military capacity, as defined by the Secretary of Defense.

335.

Report on effects of climate change on Department of Defense

(a)

Findings

Congress makes the following findings:

(1)

Secretary of Defense James Mattis has stated: It is appropriate for the Combatant Commands to incorporate drivers of instability that impact the security environment in their areas into their planning..

(2)

Secretary of Defense James Mattis has stated: I agree that the effects of a changing climate — such as increased maritime access to the Arctic, rising sea levels, desertification, among others — impact our security situation..

(3)

Chairman of the Joint Chiefs of Staff Joseph Dunford has stated: It’s a question, once again, of being forward deployed, forward engaged, and be in a position to respond to the kinds of natural disasters that I think we see as a second or third order effect of climate change..

(4)

Former Secretary of Defense Robert Gates has stated: Over the next 20 years and more, certain pressures-population, energy, climate, economic, environmental-could combine with rapid cultural, social, and technological change to produce new sources of deprivation, rage, and instability..

(5)

Former Chief of Staff of the U.S. Army Gordon Sullivan has stated: Climate change is a national security issue. We found that climate instability will lead to instability in geopolitics and impact American military operations around the world..

(6)

The Office of the Director of National Intelligence (ODNI) has stated: Many countries will encounter climate-induced disruptions—such as weather-related disasters, drought, famine, or damage to infrastructure—that stress their capacity to respond, cope with, or adapt. Climate-related impacts will also contribute to increased migration, which can be particularly disruptive if, for example, demand for food and shelter outstrips the resources available to assist those in need..

(7)

The Government Accountability Office (GAO) has stated: DOD links changes in precipitation patterns with potential climate change impacts such as changes in the number of consecutive days of high or low precipitation as well as increases in the extent and duration of droughts, with an associated increase in the risk of wildfire… this may result in mission vulnerabilities such as reduced live-fire training due to drought and increased wildfire risk..

(8)

A three-foot rise in sea levels will threaten the operations of more than 128 United States military sites, and it is possible that many of these at-risk bases could be submerged in the coming years.

(9)

As global temperatures rise, droughts and famines can lead to more failed states, which are breeding grounds of extremist and terrorist organizations.

(10)

In the Marshall Islands, an Air Force radar installation built on an atoll at a cost of $1,000,000,000 is projected to be underwater within two decades.

(11)

In the western United States, drought has amplified the threat of wildfires, and floods have damaged roads, runways, and buildings on military bases.

(12)

In the Arctic, the combination of melting sea ice, thawing permafrost, and sea-level rise is eroding shorelines, which is damaging radar and communication installations, runways, seawalls, and training areas.

(13)

In the Yukon Training Area, units conducting artillery training accidentally started a wildfire despite observing the necessary practices during red flag warning conditions.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

climate change is a direct threat to the national security of the United States and is impacting stability in areas of the world both where the United States Armed Forces are operating today, and where strategic implications for future conflict exist;

(2)

there are complexities in quantifying the cost of climate change on mission resiliency, but the Department of Defense must ensure that it is prepared to conduct operations both today and in the future and that it is prepared to address the effects of a changing climate on threat assessments, resources, and readiness; and

(3)

military installations must be able to effectively prepare to mitigate climate damage in their master planning and infrastructure planning and design, so that they might best consider the weather and natural resources most pertinent to them.

(c)

Report

(1)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities to military installations and combatant commander requirements resulting from climate change over the next 20 years.

(2)

Elements

The report on vulnerabilities to military installations and combatant commander requirements required by paragraph (1) shall include the following:

(A)

A list of the ten most vulnerable military installations within each service based on the effects of rising sea tides, increased flooding, drought, desertification, wildfires, thawing permafrost, and any other categories the Secretary determines necessary.

(B)

An overview of mitigations that may be necessary to ensure the continued operational viability and to increase the resiliency of the identified vulnerable military installations and the cost of such mitigations.

(C)

A discussion of the climate-change related effects on the Department, including the increase in the frequency of humanitarian assistance and disaster relief missions and the theater campaign plans, contingency plans, and global posture of the combatant commanders.

(D)

An overview of mitigations that may be necessary to ensure mission resiliency and the cost of such mitigations.

(3)

Form

The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

336.

Report on optimization of training in and management of special use airspace

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Director of the Bases, Ranges, and Airspace Directorate of the Air Force and the Administrator of the Federal Aviation Administration shall submit to Congress a report on optimization of training in and management of special use airspace that includes the following:

(1)

Best practices for the management of special use airspace, including practices that—

(A)

result in cost savings relating to training;

(B)

increase training opportunities for airmen;

(C)

increase joint use of such airspace;

(D)

improve coordination with respect to such airspace with—

(i)

the Federal Aviation Administration;

(ii)

Indian tribes;

(iii)

airports, civilian aircraft operators, and local communities; and

(iv)

private landowners and other stakeholders; or

(E)

improve the coordination of large force exercises, including the use of waivers or other exceptional measures.

(2)

An assessment of whether the capacity of ranges, including limitations on flight operations, is adequate to meet current and future training needs.

(3)

An assessment of whether the establishment of a dedicated squadron for the purpose of coordinating the use of a special use airspace at the installation located in that airspace would improve the achievement of the objectives described in subparagraphs (A) through (E) of paragraph (1).

(4)

An assessment of the processes in place to consider, evaluate, and mitigate special use airspace impacts to the public right of transit through navigable airspace and the safe and efficient use of the National Airspace System by commercial and general aviation.

(5)

Recommendations for improving the management and utilization of special use airspace to meet the objectives described in subparagraphs (A) through (E) of paragraph (1) and to address any gaps in capacity identified under paragraph (2).

(b)

Special use airspace defined

In this section, the term special use airspace means special use airspace designated under part 73 of title 14, Code of Federal Regulations.

337.

Plan for modernized, dedicated Department of the Navy adversary air training enterprise

(a)

Plan required

The Chief of Naval Operations and the Commandant of the Marine Corps shall develop a plan—

(1)

to establish a modernized, dedicated adversary air training enterprise for the Department of the Navy in order to—

(A)

maximize warfighting effectiveness and synergies of the current and planned fourth and fifth generation combat air forces through optimized training and readiness; and

(B)

harness intelligence analysis, emerging live-virtual-constructive training technologies, range infrastructure improvements, and results of experimentation and prototyping efforts in operational concept development;

(2)

to explore all available opportunities to challenge the combat air forces of the Department of the Navy with threat representative adversary-to-friendly aircraft ratios, known and emerging adversary tactics, and high-fidelity replication of threat airborne and ground capabilities; and

(3)

to execute all means available to achieve training and readiness goals and objectives of the Navy and Marine Corps with demonstrated institutional commitment to the adversary air training enterprise through the application of Department of the Navy policy and resources, partnering with the other Armed Forces, allies, and friends, and employing the use of industry contracted services.

(b)

Plan elements

The plan required under subsection (a) shall include enterprise goals, objectives, concepts of operations, phased implementation timelines, analysis of expected readiness improvements, prioritized resource requirements, and such other matters as the Chief of Naval Operations and Commandant of the Marine Corps consider appropriate.

(c)

Submittal of plan and briefing

Not later than March 1, 2018, the Chief of Naval Operations and Commandant of the Marine Corps shall provide to the Committees on Armed Services of the Senate and the House of Representatives a written plan and briefing on the plan required under subsection (a).

338.

Updated guidance regarding biennial core report

To ensure that the biennial core reporting procedures of the Department of Defense align with the requirements of section 2464 of title 10, United States Code, and that each reporting agency provides accurate and complete information, the Secretary of Defense shall direct the Under Secretary of Defense for Acquisition, Technology and Logistics to update the Department of Defense Guidance, in particular Department of Defense Instruction 4151.20, to require future biennial core reports include instructions to the reporting agencies on how to—

(1)

report additional depot workload performed that has not been identified as a core requirement;

(2)

accurately capture inter-service workload;

(3)

calculate shortfalls; and

(4)

estimate the cost of planned workload.

E

Other Matters

341.

Explosive safety board

(a)

Modification and improvement of ammunition storage board

Section 172 of title 10, United States Code, is amended—

(1)

by striking The Secretaries of the military departments and inserting (a) In general.—The Secretary of Defense;

(2)

by inserting that includes members after joint board;

(3)

by striking selected by them and inserting selected by the Secretaries of the military departments,;

(4)

by inserting military before officers;

(5)

by inserting designated as the chair and voting members of the board for each military department after officers;

(6)

by inserting and other before civilian officers;

(7)

by striking or both and inserting as necessary;

(8)

by striking keep informed on stored and inserting provide oversight on storage and transportation of; and

(9)

by adding at the end the following new subsection:

(b)

Oversight by Secretaries of the military departments

The Secretaries of the military departments shall provide research, development, test, evaluation, and manufacturing oversight for energetic materials supporting military requirements.

.

(b)

Clerical amendments

(1)

Section heading

The heading of section 172 of title 10, United States Code, is amended by striking Ammunition storage and inserting Explosive safety.

(2)

Table of sections

The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 172 and inserting the following new item:

172. Explosive safety board.

.

342.

Servicewomen's commemorative partnerships

(a)

In general

The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract, partnership, or grant with a non-profit organization for the purpose of performing such acquisition, installation, and maintenance.

(b)

Purposes

The contracts, partnerships, or grants shall be limited to serving the purposes of—

(1)

preserving the history of the 3,000,000 women who have served in the United States Armed Forces;

(2)

managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;

(3)

maintaining a women veterans’ oral history program; and

(4)

conducting other educational programs related to women in service.

343.

Limitation on availability of funds for advanced skills management software system of the Navy

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the Department of Defense may be obligated for the enhancement of the advanced skills management software system of the Navy until a period of 60 days has elapsed following the date on which Secretary of the Navy makes the submission required under subsection (b)(3).

(b)

Briefing and certification

The Secretary of the Navy shall—

(1)

provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on any enhancements that are needed for the advanced skills management software system of the Navy;

(2)

after providing the briefing under paragraph (1), issue a request for information for such enhancements in accordance with part 15.2 of the Federal Acquisition Regulation; and

(3)

submit to the Committees on Armed Services of the Senate and the House of Representatives—

(A)

the results of the request for information issued under paragraph (2); and

(B)

a written certification that—

(i)

as part of the request for information, the Secretary solicited information on commercially available off-the-shelf software solutions that may be used to enhance the advanced skills management software system of the Navy; and

(ii)

the Secretary has considered using such solutions.

(c)

Advanced skills management software system defined

In this section, the term advanced skills management software system means a software application designed to—

(1)

identify job task requirements for Navy personnel;

(2)

assist in determining the proficiencies of such personnel;

(3)

document qualifications and certifications of such personnel; and

(4)

track the technical training completed by Navy aviation maintenance personnel.

344.

Cost-benefit analysis of uniform specifications for Afghan military or security forces

Beginning on the date of the enactment of this Act, whenever the Secretary of Defense enters into a contract for the provision of uniforms for Afghan military or security forces, the Secretary shall conduct a cost-benefit analysis of the uniform specification for the Afghan military or security forces uniform. Such analysis shall determine—

(1)

whether there is a more effective alternative uniform specification, considering both operational environment and cost, available to the Afghan military or security forces;

(2)

the efficacy of the existing pattern compared to other alternatives (both proprietary and non-proprietary patterns); and

(3)

the costs and feasibility of transitioning the uniforms of the Afghan military or security forces to a pattern owned by the United States, using existing excess inventory where available, and acquiring the rights to the Spec4ce Forest pattern.

345.

Temporary installation reutilization authority for arsenals, depots, and plants

(a)

Modified authority

In the case of a military manufacturing arsenal, depot, or plant, the Secretary of the Army may authorize up to 10 leases and contracts per fiscal year under section 2667 of title 10, United States Code, for a term of up to 25 years, notwithstanding subsection (b)(1) of such section, if the Secretary determines that a lease or contract of that duration will promote the national defense for the purpose of—

(1)

helping to maintain the viability of the military manufacturing arsenal, depot, or plant and any military installations on which it is located;

(2)

eliminating, or at least reducing, the cost of Government ownership of the military manufacturing arsenal, depot, or plant, including the costs of operations and maintenance, the costs of environmental remediation, and other costs; and

(3)

leveraging private investment at the military manufacturing arsenal, depot, or plant through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the preceding purposes.

(b)

Delegation and review process

(1)

In general

The Secretary of the Army may delegate the authority provided by this section to the commander of the major subordinate command of the Army that has responsibility for the military manufacturing arsenal, depot, or plant or, if part of a larger military installation, the installation as a whole. The commander may approve a lease or contract under such authority on a case-by-case basis or a class basis.

(2)

Notice of approval

Upon any approval of a lease or contract by a commander pursuant to a delegation of authority under paragraph (1), the commander shall notify the Chief of the Army Corps of Engineers and Congress of the approval.

(3)

Review period

Any lease or contract that is approved utilizing the delegation authority under paragraph (1) is subject to a 90-day hold period so that the Chief of the Army Corps of Engineers may review the lease or contract pursuant to paragraph (4).

(4)

Disposition of review

If the Chief of the Army Corps of Engineers disapproves of a contract or lease submitted for review under paragraph (3), the agreement shall be null and void upon transmittal by the Chief of the Army Corps of Engineers to the delegating authority of a written disapproval, including a justification for such disapproval, within the 90-day hold period. If no such disapproval is transmitted within the 90-day hold period, the agreement shall be deemed approved.

(5)

Approval of revised agreement

If, not later than 60 days after receiving a disapproval under paragraph (4), the delegating authority submits to the Chief of the Army Corps of Engineers a new contract or lease that addresses the concerns of the Chief of the Army Corps of Engineers outlined in such disapproval, the new contract or lease shall be deemed approved unless the Chief of the Army Corps of Engineers transmits to the delegating authority a disapproval of the new contract or lease within 30 days of such submission.

(c)

Military manufacturing arsenal, depot, or plant defined

In this section, the term military manufacturing arsenal, depot, or plant means a Government-owned, Government-operated defense plant of the Army that manufactures weapons, weapon components, or both.

(d)

Sunset

The authority under this section shall terminate at the close of September 30, 2020. Any contracts entered into on or before such date shall continue in effect according to their terms.

346.

Comprehensive plan for sharing depot-level maintenance best practices

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the sharing of best practices for depot-level maintenance among the military services.

(b)

Elements

The comprehensive plan required under subsection (a) shall cover the sharing of best practices with regard to—

(1)

programing and scheduling;

(2)

core capability requirements;

(3)

workload;

(4)

personnel management, development, and sustainment;

(5)

induction, duration, efficiency, and completion metrics;

(6)

parts, supply, tool, and equipment management;

(7)

capital investment and manufacturing and production capability; and

(8)

inspection and quality control.

347.

Pilot program for operation and maintenance budget presentation

(a)

In general

Along with the budget for fiscal years 2019, 2020, and 2021 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 submit to the Committees on Armed Services of the Senate and the House of Representatives an annex for the following Operation and Maintenance sub-activity groups (SAG):

(1)

For the Army:

(A)

SAG 111 – Maneuver Units.

(B)

SAG 123 – Land Forces Depot Maintenance.

(C)

SAG 131 – Base Operations Support.

(D)

SAG 322 – Flight Training.

(2)

For the Navy:

(A)

SAG 1A5A – Aircraft Depot Maintenance.

(B)

SAG 1B1B – Mission and Other Ship Operations.

(C)

SAG 1B4B – Ship Depot Maintenance.

(D)

SAG BSS1 – Base Operating Support.

(3)

For the Marine Corps:

(A)

SAG 1A1A – Operational Forces.

(B)

SAG 1A3A – Depot Maintenance.

(C)

SAG 1B1B – Field Logistics.

(D)

SAG BSS1 – Base Operating Support.

(4)

For the Air Force:

(A)

SAG 011A – Primary Combat Forces.

(B)

SAG 011Y – Flying Hour Program.

(C)

SAG 011Z – Base Support.

(D)

SAG 021M – Depot Maintenance.

(b)

Elements

The annex required under subsection (a) shall include the following elements:

(1)

A summary by appropriation account with subtotals for Department of Defense components.

(2)

A summary of each appropriation account by budget activity, activity group, and sub-activity group with budget activity and activity group subtotals and an appropriation total.

(3)

A detailed sub-activity group by program element and expense aggregate listing in budget activity and activity group sequence.

(4)

A rollup document by sub-activity group with accompanying program element funding with the PB–61 program element tags included.

(5)

A summary of each depot maintenance facility with information on workload, work force, sources of funding, and expenses similar to the exhibit on Mission Funded Naval Shipyards included with the 2012 Navy Budget Justification.

(6)

A summary of contractor logistics support for each program element, including a measure of workload and unit cost.

(c)

Formatting

The annex required under subsection (a) shall be formatted in accordance with relevant Department of Defense financial management regulations that provide guidance for budget submissions to Congress.

348.

Repurposing and reuse of surplus Army firearms

(a)

Required transfer

Not later than 90 days after the date of the enactment of this Act, and subject to subsection (c), the Secretary of the Army shall transfer to a suitable organic facility all excess firearms, related spare parts and components, small arms ammunition, and ammunition components currently stored at Defense Distribution Depot, Anniston, Alabama, that are no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal law.

(b)

Repurposing and reuse

The items specified for transfer under subsection (a) shall be melted and repurposed for military use as determined by the Secretary of the Army, including—

(1)

the reforging of new firearms or their components; and

(2)

force protection barriers and security bollards.

(c)

Items exempt from transfer

M–1 Garand, caliber .45 M1911/M1911A1 pistols, caliber .22 rimfire rifles, and such additional items as designated by the Secretary in the annual report required under subsection (d) are not subject to the transfer requirement under subsection (a).

(d)

Annual report

Not later than 5 days after the budget of the President for a fiscal year is submitted to Congress under section 1105 of title 31, United States Code, the Secretary of the Army, in coordination with the Director of the Defense Logistics Agency, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying additional excess firearms, related spare parts and components, small arms ammunition, and ammunition components designated as no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal law. The Secretary of the Army shall designate these items to either be added to the transfer list for the purposes described under subsection (b) or the list of items exempted under subsection (c). The report may not include the redesignation or change in status of items previously designated for transfer or exemption pursuant to subsections (a) or (c).

(e)

Actions pursuant to annual report

The Secretary of the Army may not take any action to transfer items designated in the report submitted under subsection (d) until the date of the enactment of the National Defense Authorization Act for the fiscal year following the year such report is submitted. Upon enactment of such Act, the Secretary shall transfer or exempt the items so designated.

349.

Department of the Navy marksmanship awards

Section 40728 of title 36, United States Code, is amended by adding at the end the following new subsection:

(i)

Authorized navy transfers

(1)

Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rimfire rifles held within the inventories of the United States Navy and the United States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018.

(2)

The items specified for transfer under paragraph (1)—

(A)

shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold; and

(B)

shall be rendered inoperable prior to award and transfer to marksmanship competitors.

.

350.

Civilian training for National Guard pilots and sensor operator aircrews of MQ–9 unmanned aerial vehicles

(a)

Contracts for training

Subject to subsection (c), the Secretary of the Air Force may enter into one or more contracts with appropriate civilian entities in order to provide flying or operating training for Air National Guard pilots and sensor operator aircrew members in the MQ–9 unmanned aerial vehicle if the Secretary of the Air Force determines that—

(1)

Air Force training units lack sufficient capacity to train such pilots or sensor operator aircrew members for initial qualification in the MQ–9 unmanned aerial vehicle;

(2)

pilots or sensor operator aircrew members of Air National Guard units require continuation training in order to remain current and qualified in the MQ–9 unmanned aerial vehicle;

(3)

non-combat continuation training in the MQ–9 unmanned aerial vehicle is necessary for such pilots or sensor operator aircrew members to achieve required levels of flying or operating proficiency; and

(4)

such training for such pilots or sensor operator aircrew members is necessary in order to meet requirements for the Air National Guard to provide pilots and sensor operator aircrew members qualified in the MQ–9 unmanned aerial vehicle for operations on active duty and in State status.

(b)

Nature of training under contracts

Any training provided pursuant to a contract under subsection (a) shall incorporate a level of instruction that is equivalent to the instruction in the MQ–9 unmanned aerial vehicle provided to pilots and sensor operator aircrew members at Air Force training units, as determined by the Secretary of the Air Force.

(c)

Authority contingent on certification and notice and wait period

The Secretary of the Air Force may not use the authority in subsection (a) unless and until the Secretary of the Air Force certifies to the congressional defense committees in writing, 90 days in advance of executing such authority provided in subsection (a), that the use of the authority is necessary to provide required flying or operating training for Air National Guard pilots and sensor operator aircrew members in the MQ–9 unmanned aerial vehicle.

351.

Training for National Guard personnel on wildfire response

The Secretary of the Army and the Secretary of the Air Force may, in consultation with the Chief of the National Guard Bureau, provide support for training of appropriate personnel of the National Guard on wildfire response and prevention, with preference given to military installations with the highest wildfire suppression need.

352.

Modification of the Second Division Memorial

(a)

Authorization

The Second Indianhead Division Association, Inc., Scholarship and Memorials Foundation, an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code, may place additional commemorative elements or engravings on the raised platform or stone work of the existing Second Division Memorial located in President’s Park, between 17th Street Northwest and Constitution Avenue in the District of Columbia, to further honor the members of the Second Infantry Division who have given their lives in service to the United States.

(b)

Application of Commemorative Works Act

Chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act), shall apply to the design and placement of the commemorative elements or engravings authorized under subsection (a).

(c)

Funding

Federal funds may not be used for modifications of the Second Division Memorial authorized under subsection (a).

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. Fiscal year 2018 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Number of members of the National Guard on full-time duty in support of the reserves within the National Guard Bureau.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2018, as follows:

(1)

The Army, 483,500.

(2)

The Navy, 327,900.

(3)

The Marine Corps, 186,000.

(4)

The Air Force, 325,100.

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, 483,500.

(2)

For the Navy, 327,900.

(3)

For the Marine Corps, 186,000.

(4)

For the Air Force, 325,100.

.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2018, as follows:

(1)

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

(2)

The Army Reserve, 199,500.

(3)

The Navy Reserve, 59,000.

(4)

The Marine Corps Reserve, 38,500.

(5)

The Air National Guard of the United States, 106,600.

(6)

The Air Force Reserve, 69,800.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2018, 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, 30,155.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,101.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 16,260.

(6)

The Air Force Reserve, 3,588.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2018 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, 19,135.

(4)

For the Air Force Reserve, 8,880.

414.

Fiscal year 2018 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National Guard

The number of non-dual status technicians employed by the National Guard as of September 30, 2018, may not exceed the following:

(A)

For the Army National Guard of the United States, 0.

(B)

For the Air National Guard of the United States, 0.

(2)

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2018, may not exceed 0.

(3)

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2018, may not exceed 0.

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2018, 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.

416.

Number of members of the National Guard on full-time duty in support of the reserves within the National Guard Bureau

(a)

Army National Guard of the United States

As of the end of fiscal year 2019, and as of the end of each fiscal year thereafter, the number of members of the Army National Guard of the United States serving with the National Guard Bureau on full-time duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components may not exceed the number equal to six percent of the total number of members of the Army National Guard of the United States authorized for service on full-time duty for that purpose in that fiscal year.

(b)

Air National Guard of the United States

As of the end of fiscal year 2019, and as of the end of each fiscal year thereafter, the number of members of the Air National Guard of the United States serving with the National Guard Bureau on full-time duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components may not exceed the number equal to six percent of the total number of members of the Air National Guard of the United States authorized for service on full-time duty for that purpose in that fiscal year.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2018.

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection.

Sec. 502. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment.

Sec. 503. Modification of requirement for specification of number of officers who may be recommended for early retirement by a Selective Early Retirement Board.

Sec. 504. Extension of service-in-grade waiver authority for voluntary retirement of certain general and flag officers for purposes of enhanced flexibility in officer personnel management.

Sec. 505. Inclusion of Principal Military Deputy to the Assistant Secretary of the Army for Acquisition, Technology, and Logistics among officers subject to repeal of statutory specification of general officer grade.

Sec. 506. Clarification of effect of repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces.

Sec. 507. Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of the United States Military Academy and the Dean of the Faculty of the United States Air Force Academy.

Sec. 508. Flexibility in promotion of officers to positions of Staff Judge Advocate to the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force.

Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General of the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces.

Subtitle B—Reserve Component Management

Sec. 511. Equal treatment of orders to serve on active duty under sections 12304a and 12304b of title 10, United States Code.

Sec. 512. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.

Sec. 513. Consolidation of authorities to order members of the reserve components of the Armed Forces to perform duty.

Sec. 514. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Subtitle C—General Service Authorities

Part I—Matters Relating to Discharge and Correction of Military Records

Sec. 520. Consideration of additional medical evidence by Boards for the Correction of Military Records and liberal consideration of evidence relating to post-traumatic stress disorder or traumatic brain injury.

Sec. 521. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the claims involve sexual assault.

Sec. 522. Confidential review of characterization of terms of discharge of members who are victims of sex-related offenses.

Sec. 523. Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation.

Sec. 524. Pilot program on use of video teleconferencing technology by boards for the correction of military records and discharge review boards.

Part II—Other General Service Authorities

Sec. 526. Modification of basis for extension of period for enlistment in the Armed Forces under the Delayed Entry Program.

Sec. 527. Reauthorization of authority to order retired members to active duty in high-demand, low-density assignments.

Sec. 528. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits.

Sec. 529. Extension of authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians.

Sec. 530. Provision of information on naturalization through military service.

Subtitle D—Military Justice and Other Legal Issues

Sec. 531. Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016.

Sec. 532. Enhancement of effective prosecution and defense in courts-martial and related matters.

Sec. 533. Punitive article under the Uniform Code of Military Justice on wrongful broadcast or distribution of intimate visual images or visual images of sexually explicit conduct.

Sec. 534. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Sec. 535. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program.

Sec. 536. Special Victims’ Counsel training regarding the unique challenges often faced by male victims of sexual assault.

Sec. 537. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of private sexual images.

Sec. 538. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member.

Subtitle E—Member Education, Training, Resilience, and Transition

Sec. 541. Element in preseparation counseling for members of the Armed Forces on assistance and support services for caregivers of certain veterans through the Department of Veterans Affairs.

Sec. 542. Improved employment assistance for members of the Army, Navy, Air Force, and Marine Corps and veterans.

Sec. 543. Limitation on release of military service academy graduates to participate in professional athletics.

Sec. 544. Two-year extension of suicide prevention and resilience program for the National Guard and Reserves.

Sec. 545. Annual certifications related to Ready, Relevant Learning initiative of the Navy.

Sec. 546. Authority to expand eligibility for the United States Military Apprenticeship Program.

Sec. 547. Limitation on availability of funds for attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses.

Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.

Sec. 549. Pilot programs on appointment in the excepted service in the Department of Defense of physically disqualified former cadets and midshipmen.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

Part I—Defense Dependents' Education Matters

Sec. 551. Assistance to schools with military dependent students.

Sec. 552. Transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.

Sec. 553. Report on educational opportunities in science, technology, engineering, and mathematics for children who are dependents of members of the Armed Forces.

Part II—Military Family Readiness Matters

Sec. 555. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Sec. 556. Reimbursement for State licensure and certification costs of a spouse of a member of the Armed Forces arising from relocation to another State.

Sec. 557. Temporary extension of extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction.

Sec. 558. Enhancing military childcare programs and activities of the Department of Defense.

Sec. 559. Direct hire authority for Department of Defense for childcare services providers for Department child development centers.

Sec. 560. Pilot program on public-private partnerships for telework facilities for military spouses on military installations outside the United States.

Subtitle G—Decorations and Awards

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. Conner for acts of valor during World War II.

Sec. 562. Authorization for award of Distinguished-Service Cross to Specialist Frank M. Crary for acts of valor in Vietnam.

Subtitle H—Miscellaneous Reporting Requirements

Sec. 571. Analysis and report on accompanied and unaccompanied tours of duty in remote locations with high family support costs.

Sec. 572. Review and reports on policies for regular and reserve officer career management.

Sec. 573. Review and report on effects of personnel requirements and limitations on the availability of members of the National Guard for the performance of funeral honors duty for veterans.

Sec. 574. Review and report on authorities for the employment, use, and status of National Guard and Reserve technicians.

Sec. 575. Assessment and report on expanding and contracting for childcare services of the Department of Defense.

Sec. 576. Review and report on compensation provided childcare services providers of the Department of Defense.

Sec. 577. Comptroller General of the United States assessment and report on the Office of Complex Investigations within the National Guard Bureau.

Sec. 578. Modification of submittal date of Comptroller General of the United States report on integrity of the Department of Defense whistleblower program.

Subtitle I—Other Matters

Sec. 581. Expansion of United States Air Force Institute of Technology enrollment authority to include civilian employees of the homeland security industry.

Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.

Sec. 583. Designation of office within Office of the Secretary of Defense to oversee use of food assistance programs by members of the Armed Forces on active duty.

A

Officer Personnel Policy

501.

Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection

(a)

Officers on active-duty list

Section 614(b) of title 10, United States Code, is amended by striking the day and inserting 10 calendar days.

(b)

Officers in reserve active-status

Section 14106 of title 10, United States Code, is amended in the second sentence by striking the day and inserting 10 calendar days.

(c)

Application of amendments

The amendments made by this section shall apply with respect to promotion selection boards convened on or after the date of the enactment of this Act.

502.

Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment

Section 629(c)(3) of title 10, United States Code, is amended by striking the Senate is not able to obtain the information necessary and inserting the military department concerned is not able to obtain and provide to the Senate the information the Senate requires.

503.

Modification of requirement for specification of number of officers who may be recommended for early retirement by a Selective Early Retirement Board

Section 638a of title 10, United States Code, is amended—

(1)

in subsection (c), by striking paragraph (1) and inserting the following new paragraph:

(1)

In the case of an action under subsection (b)(2), the total number of officers described in that subsection that a selection board convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement may not be more than 30 percent of the number of officers considered in each grade in each competitive category.

; and

(2)

in subsection (d), by striking paragraph (2) and inserting the following new paragraph:

(2)

The total number of officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(3) may not be more than 30 percent of the number of officers considered.

.

504.

Extension of service-in-grade waiver authority for voluntary retirement of certain general and flag officers for purposes of enhanced flexibility in officer personnel management

Section 1370(a)(2)(G) of title 10, United States Code, is amended by striking 2017 and inserting 2025.

505.

Inclusion of Principal Military Deputy to the Assistant Secretary of the Army for Acquisition, Technology, and Logistics among officers subject to repeal of statutory specification of general officer grade

Section 3016(b)(5)(B) of title 10, United States Code, is amended by striking a lieutenant general and inserting an officer.

506.

Clarification of effect of repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces

(a)

Retention of grade of incumbents in positions on effective date

(1)

In general

Section 502 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2102) is amended by adding at the end the following new subsection:

(tt)

Retention of grade of incumbents in positions on effective date

The grade of service of an officer serving as of the date of the enactment of this Act in a position whose statutory grade is affected by an amendment made by this section may not be reduced after that date by reason of such amendment as long as the officer remains in continuous service in such position after that date.

.

(2)

Retroactive effective date

The amendment made by paragraph (1) shall take effect as of December 23, 2016, and be treated as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(b)

Clarifying amendment to Chief of Veterinary Corps of the Army repeal

Section 3084 of title 10, United States Code, is amended by striking the last sentence.

507.

Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of the United States Military Academy and the Dean of the Faculty of the United States Air Force Academy

(a)

Dean of Academic Board of Military Academy

Section 4335(c) of title 10, United States Code, is amended—

(1)

by striking the first and third sentences; and

(2)

in the remaining sentence, by striking so appointed and inserting appointed as Dean of the Academic Board.

(b)

Dean of Faculty of Air Force Academy

Section 9335(b) of title 10, United States Code, is amended by striking so appointed and inserting appointed as Dean of the Faculty.

508.

Flexibility in promotion of officers to positions of Staff Judge Advocate to the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force

(a)

Staff Judge Advocate to Commandant of the Marine Corps

Section 5046(b) of title 10, United States Code, is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following new paragraph:

(2)

If the Secretary of the Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Staff Judge Advocate, the Secretary may, in connection with such consideration for selection—

(A)

treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)

waive section 619(a)(2) of this title if the Secretary determines that the needs of the Marine Corps require the waiver.

.

(b)

Deputy Judge Advocate General of the Navy

Section 5149(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

If the Secretary of the Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A)

treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)

waive section 619(a)(2) of this title if the Secretary determines that the needs of the Navy require the waiver.

.

(c)

Deputy Judge Advocate of the Air Force

Section 8037(e) of title 10, United States Code, is amended—

(1)

by inserting (1) after (e); and

(2)

by adding at the end the following new paragraph:

(2)

If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A)

treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)

waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force require the waiver.

.

509.

Grandfathering of retired grade of Assistant Judge Advocates General of the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces

(a)

In general

Notwithstanding the amendments made by section 502(gg)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2105), an officer selected to hold a position specified in subsection (b) as of December 23, 2016, may be retired after that date in the grade of rear admiral (lower half) or brigadier general, as applicable, with the retired pay of such grade (unless entitled to higher pay under another provision of law).

(b)

Specified positions

Subsection (a) applies with respect to the Assistant Judge Advocates General of the Navy provided for by subsections (b) and (c) of section 5149 of title 10, United States Code.

B

Reserve Component Management

511.

Equal treatment of orders to serve on active duty under sections 12304a and 12304b of title 10, United States Code

(a)

Eligibility of reserve component members for pre-mobilization health care

Section 1074(d)(2) of title 10, United States Code, is amended by striking in support of a contingency operation under and inserting under section 12304b of this title or.

(b)

Eligibility of reserve component members for transitional health care

Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking in support of a contingency operation and inserting under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title.

512.

Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer

(a)

Original appointment as a reserve officer

Section 12207 of title 10, United States Code, is amended—

(1)

in subsection (a)(2), by inserting or (e) after subsection (b);

(2)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

(3)

by inserting after subsection (d) the following new subsection (e):

(e)
(1)

Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers with cyberspace-related experience or advanced education in reserve active-status in an armed force under the jurisdiction of such Secretary is critically below the number needed, such Secretary may credit any person receiving an original appointment as a reserve commissioned officer with a period of constructive service for the following:

(A)

Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned.

(B)

Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned.

(2)

Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, training, or advanced education, and not more than three years total constructive service may be credited.

(3)

Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

(4)

The authority to award constructive service credit under this subsection expires on December 31, 2023.

; and

(4)

in subsection (f), as redesignated by paragraph (2), by striking or (d) and inserting , (d), or (e).

(b)

Extension of authority in connection with original appointment of regular officers

Section 533(g)(4) of title 10, United States Code, is amended by striking December 31, 2018 and inserting December 31, 2023.

513.

Consolidation of authorities to order members of the reserve components of the Armed Forces to perform duty

Section 515 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended—

(1)

in the second sentence of subsection (b), by striking such legislation as would be necessary to amend titles 10, 14, 32, and 37 of the United States Code and other provisions of law in order to implement the Secretary's approach by October 1, 2018 and inserting legislation implementing the alternate approach by April 30, 2019; and

(2)

by adding at the end the following new subsection:

(c)

Attributes of alternate approach

The Secretary of Defense shall ensure the alternate approach described in subsection (b)—

(1)

reduces the number of statutory authorities by which members of the reserve components of the Armed Forces may be ordered to perform duty to not more than 8 statutory authorities grouped into 4 duty categories to which specific pay and benefits may be aligned, which categories shall include—

(A)

one duty category that shall generally reflect active service performed in support of contingency type operations or other military actions in support of the commander of a combatant command;

(B)

a second duty category that shall—

(i)

generally reflect active service not described in subparagraph (A); and

(ii)

consist of training, administration, operational support, and full-time support of the reserve components;

(C)

a third duty category that shall—

(i)

generally reflect duty performed under direct military supervision while not in active service; and

(ii)

include duty characterized by partial-day service; and

(D)

a fourth duty category that shall—

(i)

generally reflect remote duty completed while not under direct military supervision; and

(ii)

include completion of correspondence courses and telework;

(2)

distinguishes among duty performed under titles 10, 14, and 32, United States Code, and ensures that the reasons the members of the reserve components are utilized under the statutory authorities which exist prior to the alternate approach are preserved and can be tracked as separate and distinct purposes;

(3)

minimizes, to the maximum extent practicable, disruptions in pay and benefits for members, and adheres to the principle that a member should receive pay and benefits commensurate with the nature and performance of the member’s duties;

(4)

ensures the Secretary has the flexibility to meet emerging requirements and to effectively manage the force; and

(5)

aligns Department of Defense programming and budgeting to the types of duty members perform.

.

514.

Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters

(a)

Pilot program authorized

The Secretary of the Army may carry out a pilot program for the Army National Guard under which retired senior enlisted members of the Army National Guard would serve as contract recruiters for the Army National Guard.

(b)

Objectives of pilot program

The Secretary of the Army shall design any pilot program conducted under this section to determine the following:

(1)

The feasibility and effectiveness of hiring retired senior enlisted members of the Army National Guard who have retired within the previous two years to serve as recruiters.

(2)

The merits of hiring such retired senior enlisted members as contractors or as employees of the Department of Defense.

(3)

The best method of providing a competitive compensation package for such retired senior enlisted members.

(4)

The merits of requiring such retired senior enlisted members to wear a military uniform while performing recruiting duties under the pilot program.

(c)

Consultation

In developing a pilot program under this section, the Secretary of the Army shall consult with the operators of a previous pilot program carried out by the Army involving the use of contract recruiters.

(d)

Commencement and duration

The Secretary of the Army may commence a pilot program under this section on or after January 1, 2018, and all activities under such a pilot program shall terminate no later than December 31, 2020.

(e)

Funding source

If a pilot program is conducted under this section, the Secretary of the Army shall use funds otherwise available for the National Guard Bureau to carry out the program.

(f)

Reporting requirement

If a pilot program is conducted under this section, the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an evaluation of the success of the pilot program, including the determinations described in subsection (b). The report shall be submitted not later than January 1, 2019.

C

General Service Authorities

I

Matters Relating to Discharge and Correction of Military Records

520.

Consideration of additional medical evidence by Boards for the Correction of Military Records and liberal consideration of evidence relating to post-traumatic stress disorder or traumatic brain injury

(a)

In general

Section 1552 of title 10, United States Code, is amended—

(1)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(2)

by inserting after subsection (g) the following new subsection (h):

(h)
(1)

This subsection applies to a former member of the armed forces whose claim under this section for review of a discharge or dismissal is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, and whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.

(2)

In the case of a claimant described in paragraph (1), a board established under subsection (a)(1) shall—

(A)

review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the claimant; and

(B)

review the claim with liberal consideration to the claimant that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the claimant’s discharge or dismissal.

.

(b)

Conforming amendment

Section 1553(d)(3)(A)(ii) of title 10, United States Code, is amended by striking discharge of a lesser characterization and inserting discharge or dismissal or to the original characterization of the member’s discharge or dismissal.

521.

Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the claims involve sexual assault

(a)

Boards for the correction of military records

Subsection (i) of section 1552 of title 10, United States Code, as redesignated by section 520(a)(1), is amended by adding at the end the following new paragraph:

(4)

The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.

.

(b)

Discharge review boards

Section 1553(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4)

The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.

.

(c)

Conforming amendments

(1)

Boards for the correction of military records

Subsection (i) of section 1552 of title 10, United States Code, as redesignated by section 520(a)(1) and amended by subsection (a), is further amended—

(A)

in paragraph (1), by striking claimant both places it appears and inserting former member;

(B)

in paragraph (2), by striking claimant and inserting former member; and

(C)

in paragraph (3), by striking claimants and inserting former members.

(2)

Discharge review boards

Section 1553(f)(2) of title 10, United States Code, is amended by striking claimant and inserting former member.

522.

Confidential review of characterization of terms of discharge of members who are victims of sex-related offenses

(a)

Codification of current confidential process

(1)

Codification

Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a a new section 1554b consisting of—

(A)

a heading as follows:

1554b.

Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses

; and

(B)

a text consisting of the text of section 547 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1553 note).

(2)

Clerical amendment

The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554a the following new item:

1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses.

.

(3)

Conforming repeal

Section 547 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1553 note) is repealed.

(b)

Clarification of applicability to individuals who allege sex-related offenses during military service

Subsection (a) of section 1554b of title 10, United States Code, as added by subsection (a) of this section, is amended by striking sex-related offense and inserting the following: sex-related offense, or alleges that the individual was the victim of a sex-related offense,.

(c)

Conforming amendments

Section 1554b of title 10, United States Code, as added by subsection (a), is further amended—

(1)

by striking Armed Forces each place it appears in subsections (a) and (b) and inserting armed forces;

(2)

in subsection (a)—

(A)

by striking boards for the correction of military records of the military department concerned and inserting boards of the military department concerned established in accordance with this chapter; and

(B)

by striking such an offense and inserting a sex-related offense;

(3)

in subsection (b), striking boards for the correction of military records in the matter preceding paragraph (1) and inserting boards of the military department concerned established in accordance with this chapter; and

(4)

in subsection (d)—

(B)

in paragraph (1), by striking title 10, United States Code and inserting this title; and

(C)

in paragraphs (2) and (3), by striking such title and inserting this title.

523.

Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation

(a)

Members of boards for the correction of military records

Section 534(c)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1552 note) is amended by adding at the end the following new sentence: This curriculum shall also address the proper handling of claims in which a sex-related offense is alleged to have contributed to the original characterization of the discharge or release of the claimant, including guidelines for the consideration of evidence substantiating such allegations in accordance with the requirements of section 1554b(b) of title 10, United States Code, as added by section 522 of the National Defense Authorization Act for Fiscal Year 2018..

(b)

Department of defense personnel who investigate claims of retaliation

Section 546(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking section. and inserting section, including guidelines for the consideration of evidence substantiating such allegations in accordance with the requirements of section 1554b(b) of title 10, United States Code, as added by section 522 of the National Defense Authorization Act for Fiscal Year 2018..

524.

Pilot program on use of video teleconferencing technology by boards for the correction of military records and discharge review boards

(a)

Pilot program authorized

The Secretary of Defense may carry out a pilot program under which boards for the correction of military records established under section 1552 of title 10, United States Code, and discharge review boards established under section 1553 of such title are authorized to utilize, in the performance of their duties, video teleconferencing technology, to the extent such technology is reasonably available and technically feasible.

(b)

Purpose

The purpose of the pilot program is to evaluate the feasibility and cost-effectiveness of utilizing video teleconferencing technology to allow persons who raise a claim before a board for the correction of military records, persons who request a review by a discharge review board, and witnesses who present evidence to such a board to appear before such a board without being physically present.

(c)

Implementation

As part of the pilot program, the Secretary of Defense shall make funds available to develop the capabilities of boards for the correction of military records and discharge review boards to effectively use video teleconferencing technology.

(d)

No expansion of eligibility

Nothing in the pilot program is intended to alter the eligibility criteria of persons who may raise a claim before a board for the correction of military records, request a review by a discharge review board, or present evidence to such a board.

(e)

Termination

The authority of the Secretary of Defense to carry out the pilot program shall terminate on December 31, 2020.

II

Other General Service Authorities

526.

Modification of basis for extension of period for enlistment in the Armed Forces under the Delayed Entry Program

Section 513(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (2) as paragraph (4) and, in such paragraph, by striking paragraph (1) and inserting this subsection;

(2)

by designating the second sentence of paragraph (1) as paragraph (2) and indenting the left margin of such paragraph (2) two ems to the right;

(3)

in paragraph (2), as so designated, by inserting described in paragraph (1) after the 365-day period; and

(4)

by inserting after paragraph (2), as so designated, the following new paragraph (3):

(3)
(A)

The Secretary concerned may extend by up to an additional 365 days the period of extension under paragraph (2) for a person who enlisted before October 1, 2017, under section 504(b)(2) of this title if the Secretary determines that the period of extension under this paragraph is required for the performance of adequate background and security reviews of that person.

(B)

A person whose period of extension under paragraph (2) is extended under this paragraph shall undergo all security and suitability screening requirements and receive a favorable military security suitability determination before entering into service in a regular or reserve component. Screening priority shall be given to those persons who were enlisted for a military occupational specialty that requires specialized language or medical skills that are vital to the national interest.

(C)

The authority to make an extension under this paragraph shall expire one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. The expiration of such authority shall not effect the validity of any extension made in accordance with this paragraph on or before that date.

.

527.

Reauthorization of authority to order retired members to active duty in high-demand, low-density assignments

Section 688a(f) of title 10, United States Code, is amended by striking after December 31, 2011. and inserting “outside a period as follows:

(1)

The period beginning on December 2, 2002, and ending on December 31, 2011.

(2)

The period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and ending on December 31, 2022.

.

528.

Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits

(a)

Notification required

A member of the Armed Forces who receives an administrative separation or mandatory discharge under conditions other than honorable shall be provided written notification that the member may petition the Veterans Benefits Administration of the Department of Veterans Affairs to receive, despite the characterization of the member’s service, certain benefits under the laws administered by the Secretary of Veterans Affairs.

(b)

Deadline for notification

Notification under subsection (a) shall be provided to a member described in such subsection in conjunction with the member’s notification of the administrative separation or mandatory discharge or as soon thereafter as practicable.

529.

Extension of authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians

Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108–183; 38 U.S.C. 5101 note) is amended by striking December 31, 2017 and inserting December 31, 2018.

530.

Provision of information on naturalization through military service

The Secretary of Defense shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are aliens lawfully admitted to the United States for permanent residence are informed of the availability of naturalization through service in the Armed Forces under section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) and the process by which to pursue naturalization. The Secretary shall ensure that resources are available to assist qualified members of the Armed Forces to navigate the application and naturalization process.

D

Military Justice and Other Legal Issues

531.

Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016

(a)

Enforcement of Rights of victims of offenses under UCMJ

Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended—

(1)

by inserting (A) after (3);

(2)

by striking President, and, to the extent practicable, shall have priority over all other proceedings before the court. and inserting the following; President, subject to section 830a of this title (article 30a).; and

(3)

by adding at the end the following new subparagraphs:

(B)

To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals.

(C)

Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.

.

(b)

Review of certain matters before referral of charges and specifications

Subsection (a)(1) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), as added by section 5202 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2904), is amended—

(1)

in the matter preceding subparagraph (A), by inserting , or otherwise act on, after to review; and

(2)

by adding at the end the following new subparagraph:

(D)

Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).

.

(c)

Defense counsel assistance in post-trial matters for accused convicted by court-martial

Section 838(c)(2) of title 10, United States Code (article 38(c)(2) of the Uniform Code of Military Justice), is amended by striking section 860 of this title (article 60) and inserting section 860, 860a, or 860b of this title (article 60, 60a, or 60b).

(d)

Limitation on acceptance of plea agreements

Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as added by section 5237 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2917), is amended—

(1)

in subsection (b)—

(A)

in paragraph (2), by striking or after the semicolon;

(B)

in paragraph (3), by striking the period and inserting a semicolon; and

(C)

by adding at the end the following new paragraphs:

(4)

is prohibited by law; or

(5)

is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.

; and

(2)

in subsection (d), by striking shall bind the parties and the military judge and inserting shall bind the parties and the court-martial.

(e)

Applicability of standards and procedures to sentence appeal by the united states

Subsection (d)(1) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by section 5301 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2919), is amended—

(1)

in the matter preceding subparagraph (A), by inserting after concerned, the following: and consistent with standards and procedures set forth in regulations prescribed by the President,; and

(2)

in subparagraph (B), by inserting before the period at the end the following: , as determined in accordance with standards and procedures prescribed by the President.

(f)

Sentence of reduction in enlisted grade

(1)

In general

Subsection (a) of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), as amended by section 5303(1) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2923), is further amended in the matter after paragraph (3) by striking , effective on the date and inserting the following: , if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date.

(2)

Section heading

The heading of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), is amended to read as follows:

858a. Art. 58a.

Sentences: reduction in enlisted grade

.

(3)

Clerical amendment

The table of sections at the beginning of subchapter VIII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 858a (article 58a) and inserting the following new item:

858a. 58a. Sentences: reduction in enlisted grade.

.

(g)

Convening authority authorities

Section 858b(b) of title 10, United States Code (article 58b(b) of the Uniform Code of Military Justice), is amended in the first sentence by striking section 860 of this title (article 60) and inserting section 860a or 860b of this title (article 60a or 60b).

(h)

Appeal by the United States

Section 862(b) of title 10, United States Code (article 62(b) of the Uniform Code of Military Justice), is amended by striking , notwithstanding section 866(c) of this title (article 66(c)).

(i)

Rehearing and sentencing

Subsection (b) of section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), as added by section 5327 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2929), is amended by inserting before the period at the end the following: , subject to such limitations as the President may prescribe by regulation.

(j)

Courts of Criminal Appeals

Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2932), is further amended—

(1)

in subsection (e)(2)(C), by inserting after required the following: by regulation prescribed by the President or; and

(2)

in subsection (f)(3)—

(A)

by inserting of Criminal Appeals after Court the first time it appears; and

(B)

by adding at the end the following new sentence: If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces..

(k)

Military Justice Review Panel

Subsection (f) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as added by section 5521 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2962), is amended—

(1)

in paragraph (1), by striking fiscal year 2020 in the first sentence and inserting fiscal year 2021;

(2)

in paragraph (2), by striking the sentence beginning Not later than and inserting the following new sentence: The analysis under this paragraph shall be included in the assessment required by paragraph (1).; and

(3)

by striking paragraph (5) and inserting the following new paragraph (5):

(5)

Reports

With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report—

(A)

shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and

(B)

shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.

.

(l)

Transitional compensation for Dependents of members separated for dependent abuse

Section 1059(e) of title 10, United States Code, is amended—

(1)

in paragraph (1)(A)(ii), by striking the approval of and all that follows through as approved, and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence; and

(2)

in paragraph (3)(A), by striking by a court-martial the second place it appears and all that follows through include any such punishment, and inserting for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),.

(m)

Benefits for Dependents Who Are Victims of Abuse by Members Losing Right to Retired Pay

Section 1408(h)(10)(A) of title 10, United States Code, is amended by striking the approval and all that follows through the end of the subparagraph and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice)..

(n)

Treatment of certain offenses pending execution of Military Justice Act of 2016 amendments

(1)

Applicability to certain cases

Section 5542(c)(1) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967) is amended by inserting after shall apply to a case in which the following: a specification alleges the commission, before the effective date of such amendments, of one or more offenses or to a case in which.

(2)

Child abuse offenses

With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016.

(3)

Fraudulent enlistment or appointment offenses

With respect to the period beginning on December 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act (130 Stat. 2909), the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).

(o)

Sentencing in certain transitional cases

(1)

In general

In any transition-period court-martial, the relevant sentencing sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall be applied as follows:

(A)

Except as provided in subparagraph (B), the relevant sentencing sections shall be applied as if the amendments to such sections made by the Military Justice Act of 2016 (division E of Public Law 114–328) and this section had not been enacted.

(B)

If the accused so requests, the relevant sentencing sections shall be applied as amended by the Military Justice Act of 2016 (division E of Public Law 114–328) and this section.

(2)

Definitions

In this subsection:

(A)

Transition-period court-martial

The term transition-period court-martial means a court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that consists of both of the following:

(i)

A prosecution of one or more offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967).

(ii)

A prosecution of one or more offenses committed on or after that date.

(B)

Relevant sentencing sections

The term relevant sentencing sections means section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), and any other sections (articles) of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that, by regulation prescribed by the President, are designated as relevant to sentencing for the purposes of paragraph (1).

(p)

Effective date

The amendments made by this section shall take effect immediately after the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) take effect as provided for in section 5542 of that Act (130 Stat. 2967).

532.

Enhancement of effective prosecution and defense in courts-martial and related matters

(a)

Additional element in program for effective prosecution and defense

Section 542(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 827 note) is amended by inserting before the semicolon the following: or there is adequate supervision and oversight of trial counsel and defense counsel so detailed to ensure effective prosecution and defense in the court-martial.

(b)

Use of Civilian Employees to Advise Less Experienced Judge Advocates in Prosecution and Defense

Section 542 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 827 note) is further amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Use of Civilian Employees to Advise Less Experienced Judge Advocates in Prosecution and Defense

The Secretary concerned may use highly qualified experts and other civilian employees who are under the jurisdiction of the Secretary concerned, are available, and are experienced in the prosecution or defense of complex criminal cases to provide assistance to, and consult with, less experienced judge advocates throughout the court-martial process.

.

(c)

Pilot programs on professional developmental process for judge advocates

Subsection (d) of section 542 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 827 note), as redesignated by subsection (b)(1) of this section, is amended—

(1)

in paragraph (1), by striking establishing and all that follows and inserting a military justice career track for judge advocates under the jurisdiction of the Secretary.;

(2)

by redesignating paragraph (4) as paragraph (5); and

(3)

by inserting after paragraph (3) the following new paragraph (4):

(4)

Elements

Each pilot program shall include the following:

(A)

A military justice career track for judge advocates that leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy.

(B)

The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters.

(C)

Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot program have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

(D)

Such other matters as the Secretary concerned considers appropriate.

.

533.

Punitive article under the Uniform Code of Military Justice on wrongful broadcast or distribution of intimate visual images or visual images of sexually explicit conduct

(a)

Prohibition

Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 917 (article 117 of the Uniform Code of Military Justice) the following new section (article):

917a.

Art. 117a. Wrongful broadcast or distribution of intimate visual images

(a)

Prohibition

Any person subject to this chapter—

(1)

who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who—

(A)

is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;

(B)

is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and

(C)

does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

(2)

who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

(3)

who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely—

(A)

to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or

(B)

to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and

(4)

whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment,

is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.
(b)

Definitions

In this section:

(1)

Broadcast

The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

(2)

Distribute

The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.

(3)

Intimate visual image

The term intimate visual image means a visual image that depicts a private area of a person.

(4)

Private area

The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

(5)

Reasonable expectation of privacy

The term reasonable expectation of privacy means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public.

(6)

Sexually explicit conduct

The term sexually explicit conduct means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.

(7)

Visual image

The term visual image means the following:

(A)

Any developed or undeveloped photograph, picture, film, or video.

(B)

Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format.

(C)

Any digital or electronic data capable of conversion into a visual image.

.

(b)

Clerical amendment

The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 917 (article 117) the following new item:

917a. 117a. Wrongful broadcast or distribution of intimate visual images.

.

534.

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

(a)

Garnishment authority

Section 1408 of title 10, United States Code, is amended by adding at the end the following new subsection:

(l)

Garnishment To satisfy a judgment rendered for physically, sexually, or emotionally abusing a child

(1)

Subject to paragraph (2), any payment of retired pay that would otherwise be made to a member shall be paid (in whole or in part) by the Secretary concerned to another person if and to the extent expressly provided for in the terms of a child abuse garnishment order.

(2)

A court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse of the member, shall be given priority over a child abuse garnishment order. The total amount of the disposable retired pay of a member payable under a child abuse garnishment order shall not exceed 25 percent of the member’s disposable retired pay.

(3)

In this subsection, the term court order includes a child abuse garnishment order.

(4)

In this subsection, the term child abuse garnishment order means a final decree issued by a court that—

(A)

is issued in accordance with the laws of the jurisdiction of that court; and

(B)

provides in the nature of garnishment for the enforcement of a judgment rendered against the member for physically, sexually, or emotionally abusing a child.

(5)

For purposes of this subsection, a judgment rendered for physically, sexually, or emotionally abusing a child is any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of an individual under 18 years of age, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence.

(6)

If the Secretary concerned is served with more than one court order with respect to the retired pay of a member, the disposable retired pay of the member shall be available to satisfy such court orders on a first-come, first-served basis, subject to the order of precedence specified in paragraph (2), with any such process being satisfied out of such monies as remain after the satisfaction of all such processes which have been previously served.

(7)

The Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a child abuse garnishment order.

.

(b)

Application of amendment

Subsection (l) of section 1408 of title 10, United States Code, as added by subsection (a), shall apply with respect to a court order received by the Secretary concerned on or after the date of the enactment of this Act, regardless of the date of the court order.

535.

Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program

(a)

Training required

Commencing not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall, insofar as practicable, provide training on sexual assault prevention and response to each individual under the jurisdiction of such Secretary who is enlisted in the Armed Forces under a delayed entry program such that each such individual completes such training before the date of commencement of basic training or initial active duty for training in the Armed Forces.

(b)

Training Elements

The training provided pursuant to subsection (a)—

(1)

shall, to the extent practicable, be uniform across the Armed Forces;

(2)

should be provided through in-person instruction, whenever possible;

(3)

should include instruction on the proper use of social media; and

(4)

shall meet such other requirements as the Secretary of Defense may establish.

(c)

Definitions

In this section:

(1)

The term delayed entry program means the following:

(A)

The Future Soldiers Program of the Army.

(B)

The Delayed Entry Program of the Navy and the Marine Corps.

(C)

The program of the Air Force for the delayed entry of enlistees into the Air Force.

(D)

The program of the Coast Guard for the delayed entry of enlistees into the Coast Guard.

(E)

Any successor program to a program referred to in subparagraphs (A) through (D).

(2)

The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

536.

Special Victims’ Counsel training regarding the unique challenges often faced by male victims of sexual assault

The baseline Special Victims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.

537.

Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of private sexual images

(a)

Additional reporting requirements

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraphs:

(13)

Information and data collected through formal and informal reports of sexual harassment involving members of the Armed Forces during the year covered by the report, as follows:

(A)

The number of substantiated and unsubstantiated reports.

(B)

A synopsis of each substantiated report.

(C)

The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

(i)

conviction and sentence by court-martial;

(ii)

imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

(iii)

administrative separation or other type of administrative action imposed.

(14)

Information and data collected during the year covered by the report on each reported incident involving the nonconsensual distribution by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), of a private sexual image of another person, including the following:

(A)

The number of substantiated and unsubstantiated reports.

(B)

A synopsis of each substantiated report.

(C)

The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

(i)

conviction and sentence by court-martial;

(ii)

imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

(iii)

administrative separation or other type of administrative action imposed.

.

(b)

Application of amendment

The amendment made by this section shall take effect on the date of the enactment of this Act and apply beginning with the reports required to be submitted by March 1, 2020, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).

538.

Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member

Beginning with the reports required to be submitted by March 1, 2019, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note), information regarding a sexual assault committed by a member of the Armed Forces against the spouse or intimate partner of the member or another dependent of the member shall be included in such reports in addition to the annual Family Advocacy Program report. The information may be included as an annex to such reports.

E

Member Education, Training, Resilience, and Transition

541.

Element in preseparation counseling for members of the Armed Forces on assistance and support services for caregivers of certain veterans through the Department of Veterans Affairs

(a)

In general

Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(18)

A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program.

.

(b)

Participation of potential caregivers in appropriate preseparation counseling

(1)

In general

In accordance with procedures established by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following:

(A)

To determine whether each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing preseparation counseling pursuant to section 1142 of title 10, United States Code (as amended by subsection (a)), and who may require caregiver services after separation from the Armed Forces has identified an individual to provide such services after the member's separation.

(B)

In the case of a member described in subparagraph (A) who has identified an individual to provide caregiver services after the member's separation, at the election of the member, to permit such individual to participate in appropriate sessions of the member's preseparation counseling in order to inform such individual of—

(i)

the assistance and support services available to caregivers of members after separation from the Armed Forces; and

(ii)

the manner in which the member's transition to civilian life after separation may likely affect such individual as a caregiver.

(2)

Caregivers

For purposes of this subsection, individuals who provide caregiver services refers to individuals (including a spouse, partner, parent, sibling, adult child, other relative, or friend) who provide physical or emotional assistance to former members of the Armed Forces during and after their transition from military life to civilian life following separation from the Armed Forces.

(3)

Deadline for commencement

Each Secretary of a miliary department shall commence the actions required pursuant to this subsection by not later than 180 days after the date of the enactment of this Act.

542.

Improved employment assistance for members of the Army, Navy, Air Force, and Marine Corps and veterans

(a)

Improved Employment Skills Verification

Section 1143(a) of title 10, United States Code, is amended—

(1)

by inserting (1) before The Secretary of Defense; and

(2)

by adding at the end the following new paragraph:

(2)

In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by paragraph (1), the Secretary of Defense shall—

(A)

establish a database to record all training performed by members of the Army, Navy, Air Force, and Marine Corps that may have application to employment in the civilian sector; and

(B)

make unclassified information regarding such information available to States and other potential employers referred to in subsection (c) so that State and other entities may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.

.

(b)

Improved accuracy of certificates of training and skills

Section 1143(a) of title 10, United States Code, is further amended by inserting after paragraph (2), as added by subsection (a), the following new paragraph:

(3)

The Secretary of Defense shall ensure that a certification or verification of job skills and experience required by paragraph (1) is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.

.

(c)

Improved responsiveness to certification requests

Section 1143(c) of title 10, United States Code, is amended—

(1)

by inserting (1) before For the purpose; and

(2)

by adding at the end the following new paragraph:

(2)
(A)

A State may—

(i)

use a certification or verification of job skills and experience provided to a member of the armed forces under subsection (a); and

(ii)

in the case of members of the Army, Navy, Air Force, and Marine Corps, request the Department of Defense to confirm the accuracy and authenticity of the certification or verification.

(B)

A response confirming or denying the information shall be provided within five business days.

.

(d)

Improved notice to members

Section 1142(b)(4)(A) of title 10, United States Code, is amended by inserting before the semicolon the following: , including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses.

543.

Limitation on release of military service academy graduates to participate in professional athletics

(a)

United States Military Academy

Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5)

That the cadet—

(A)

will not seek release from the cadet’s commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and

(B)

understands that the appointment alternative described in paragraph (3) will not be used to allow the cadet to obtain such employment until at least the end of that two-year period.

.

(b)

United States Naval Academy

Section 6959(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5)

That the midshipman—

(A)

will not seek release from the midshipman’s commissioned service obligation to obtain employment as a professional athlete following graduation until the midshipman completes a period of at least two consecutive years of commissioned service; and

(B)

understands that the appointment alternative described in paragraph (3) will not be used to allow the midshipman to obtain such employment until at least the end of that two-year period.

.

(c)

United States Air Force Academy

Section 9348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5)

That the cadet—

(A)

will not seek release from the cadet’s commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and

(B)

understands that the appointment alternative described in paragraph (2) will not be used to allow the cadet to obtain such employment until at least the end of that two-year period.

.

(d)

Application of amendments

The Secretaries of the military departments shall promptly revise the cadet and midshipman service agreements under sections 4348, 6959, and 9348 of title 10, United States Code, to reflect the amendments made by this section. The revised agreement shall apply to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on the date of the enactment of this Act and to persons who begin attendance at such military service academies on or after that date.

544.

Two-year extension of suicide prevention and resilience program for the National Guard and Reserves

Section 10219(g) of title 10, United States Code, is amended by striking October 1, 2018 and inserting October 1, 2020.

545.

Annual certifications related to Ready, Relevant Learning initiative of the Navy

(a)

Annual certifications required

Not later than March 1, 2018, and each year thereafter, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a certification on the status of implementation of the Ready, Relevant Learning initiative of the Navy for each applicable enlisted rating.

(b)

Elements

Each certification under subsection (a) shall include the following:

(1)

A certification by the Commander of the United States Fleet Forces Command that the block learning and modernized delivery methods of the Ready, Relevant Learning initiative to be implemented during the fiscal year beginning in which such certification is submitted will meet or exceed the existing training delivery approach for all associated training requirements.

(2)

A certification by the Secretary of the Navy that the content re-engineering necessary to meet all training objectives and transition from the traditional training curriculum to the modernized delivery format to be implemented during such fiscal year will be complete prior to such transition, including full functionality of all required course software and hardware.

(3)

A detailed cost estimate of transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year with funding listed by purpose, amount, appropriations account, budget program element or line item, and end strength adjustments.

(4)

A detailed phasing plan associated with transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year, including the current status, timing, and identification of reductions in A school and C school courses, curricula, funding, and personnel.

(5)

A certification by the Secretary of the Navy that—

(A)

the contracting strategy associated with transitioning to the modernized delivery approach to be implemented during such fiscal year has been completed; and

(B)

contracting actions contain sufficient specification detail to enable a low risk approach to receiving the deliverable end item or items on-budget, on-schedule, and with satisfactory performance.

546.

Authority to expand eligibility for the United States Military Apprenticeship Program

(a)

Expansion authorized

The Secretary of Defense may expand eligibility for the United Services Military Apprenticeship Program to include any member of the uniformed services.

(b)

Definition

In this section, the term uniformed services has the meaning given such term in section 101(a)(5) of title 10, United States Code.

547.

Limitation on availability of funds for attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses

(a)

Limitation

None of the funds authorized to be appropriated or otherwise made available for the Department of the Air Force may be obligated or expended for the purpose of the attendance of Air Force enlisted personnel at Air Force officer professional military education (PME) in-residence courses until the later of—

(1)

the date on which the Secretary of the Air Force submits to the Committees on Armed Services of the Senate and the House of Representatives, and to the Comptroller General of the United States, a report on the attendance of such personnel at such courses as described in subsection (b);

(2)

the date on which the Comptroller General submits to such committees the report setting forth an assessment of the report under paragraph (1) as described in subsection (c); or

(3)

180 days after the date of the enactment of this Act.

(b)

Secretary of the Air Force report

The report of the Secretary described in subsection (a)(1) shall include the following:

(1)

The purpose of the attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses.

(2)

The objectives for the attendance of such enlisted personnel at such officer professional military education courses.

(3)

The required prerequisites for such enlisted personnel to attend such officer professional military education courses.

(4)

The process for selecting such enlisted personnel to attend such officer professional military education courses.

(5)

The impact of the attendance of such enlisted personnel at such officer professional military education courses on the availability of officer allocations for the attendance of officers at such courses.

(6)

The impact of the attendance of such enlisted personnel at such officer professional military education courses on the morale and retention of officers attending such courses.

(7)

The resources required for such enlisted personnel to attend such officer professional military education courses.

(8)

The impact on unit and overall Air Force manning levels of the attendance of such enlisted personnel at such officer professional military education courses, especially at the statutorily-limited end strengths of grades E–8 and E–9.

(9)

The extent to which graduation by such enlisted personnel from such officer professional military education courses is a requirement for Air Force or joint assignments.

(10)

The planned assignment utilization for Air Force enlisted graduates of such officer professional military education courses.

(11)

Any other matters in connection with the attendance of such enlisted personnel at such officer professional military education courses that the Secretary considers appropriate.

(c)

Comptroller General of the United States report

(1)

In general

Not later than 90 days after the date the Secretary submits the report described in subsection (a)(1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on an assessment of the report by the Comptroller General. As soon as practicable after the briefing, the Comptroller General shall submit to such committees a report on such assessment for purposes of subsection (a)(2).

(2)

Elements

The report under paragraph (1) shall include the following:

(A)

An assessment of whether the conclusions and assertions included in the report of the Secretary under subsection (a) are comprehensive, fully supported, and sufficiently detailed.

(B)

An identification of any shortcomings, limitations, or other reportable matters that affect the quality of the findings or conclusions of the report of the Secretary.

548.

Lieutenant Henry Ossian Flipper Leadership Scholarships

(a)

In general

The Secretary of the Army shall designate a number of scholarships under the Army Senior Reserve Officers' Training Corps (SROTC) program that are available to students at minority-serving institutions as Lieutenant Henry Ossian Flipper Leadership Scholarships.

(b)

Number designated

The number of scholarships designated pursuant to subsection (a) shall be the number the Secretary determines appropriate to increase the number of Senior Reserve Officers' Training Corps scholarships at minority-serving institutions. In making the determination, the Secretary shall give appropriate consideration to the following:

(1)

The number of Senior Reserve Officers' Training Corps scholarships available at all institutions participating in the Senior Reserve Officer's Training Corps program.

(2)

The number of such minority-serving institutions that offer the Senior Reserve Officers' Training Corps program to their students.

(c)

Amount of scholarship

The Secretary may increase any scholarship designated pursuant to subsection (a) to an amount in excess of the amount of the Senior Reserve Officers' Training Corps program scholarship that would otherwise be offered at the minority-serving institution concerned if the Secretary considers that a scholarship of such increased amount is appropriate for the purpose of the scholarship.

(d)

Minority-serving institution defined

In this section, the term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

549.

Pilot programs on appointment in the excepted service in the Department of Defense of physically disqualified former cadets and midshipmen

(a)

Pilot programs authorized

(1)

In general

Each Secretary of a military department may carry out a pilot program under which former cadets or midshipmen described in paragraph (2) (in this section referred to as eligible individuals) under the jurisdiction of such Secretary may be appointed by the Secretary of Defense in the excepted service under section 3320 of title 5, United States Code, in the Department of Defense.

(2)

Cadets and midshipmen

Except as provided in paragraph (3), a former cadet or midshipman described in this paragraph is any former cadet at the United States Military Academy or the United States Air Force Academy, and any former midshipman at the United States Naval Academy, who—

(A)

completed the prescribed course of instruction and graduated from the applicable service academy; and

(B)

is determined to be medically disqualified to complete a period of active duty in the Armed Forces prescribed in an agreement signed by such cadet or midshipman in accordance with section 4348, 6959, or 9348 of title 10, United States Code.

(3)

Exception

A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the result of the gross negligence or misconduct of the former cadet or midshipman is not an eligible individual for purposes of appointment under a pilot program.

(b)

Purpose

The purpose of the pilot programs conducted under this section is to evaluate the feasibility and advisability of permitting eligible individuals who cannot accept a commission or complete a period of active duty in the Armed Forces prescribed by the Secretary of the military department concerned to fulfill an obligation for active duty service in the Armed Forces through service as a civilian employee of the Department of Defense.

(c)

Positions

(1)

In general

The positions to which an eligible individual may be appointed under a pilot program conducted under this section are existing positions within the Department of Defense in grades up to GS–9 under the General Schedule under section 5332 of title 5, United States Code (or equivalent). The authority in subsection (a) does not authorize the creation of additional positions, or create any vacancies to which eligible individuals may be appointed under a pilot program.

(2)

Term positions

Any appointment under a pilot program shall be to a position having a term of five years or less.

(d)

Scope of authority

(1)

Recruitment and retention of eligible individuals

The authority in subsection (a) may be used only to the extent necessary to recruit and retain on a non-competitive basis cadets and midshipmen who are relieved of an obligation for active duty in the Armed Forces due to becoming medically disqualified from serving on active duty in the Armed Forces, and may not be used to appoint any other individuals in the excepted service.

(2)

Voluntary acceptance of appointments

A pilot program conducted under this section may not be used as an implicit or explicit basis for compelling an eligible individual to accept an appointment in the excepted service in accordance with this section.

(e)

Relationship to repayment provisions

Completion of a term appointment pursuant to a pilot program conducted under this section shall relieve the eligible individual concerned of any repayment obligation under section 303a(e) or 373 of title 37, United States Code, with respect to the agreement of the individual described in subsection (a)(2)(B).

(f)

Termination

(1)

In general

The authority to appoint eligible individuals in the excepted service under a pilot program conducted under this section shall expire on the date that is four years after the date of the enactment of this Act.

(2)

Effect on existing appointments

The termination by paragraph (1) of the authority in subsection (a) shall not affect any appointment made under that authority before the termination date specified in paragraph (1) in accordance with the terms of such appointment.

(g)

Reporting requirement

(1)

Report required

Not later than the date that is three years after the date of the enactment of this Act, each Secretary of a military department shall submit to the appropriate congressional committees a report containing an evaluation of the effectiveness of the pilot program conducted by such Secretary under this section, including the number of eligible individuals appointed as civilian employees of the Department of Defense under the program and the retention rate for such employees.

(2)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.

F

Defense Dependents' Education and Military Family Readiness Matters

I

Defense Dependents' Education Matters

551.

Assistance to schools with military dependent students

(a)

Impact aid for children with severe disabilities

(1)

In general

Of the amount authorized to be appropriated for fiscal year 2018 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a).

(2)

Use of certain amount

Of the amount available under subsection (a) for payments as described in that subsection, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.

(b)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2018 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

552.

Transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies

(a)

Permanent support authority

Section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 20 U.S.C. 7703b note) is amended by striking paragraph (3).

(b)

Conforming amendment

Section 572(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 20 U.S.C. 7703b note) is amended by striking that includes a request for the extension of section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 shall include and inserting shall include, with respect to section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 20 U.S.C. 7703b note),.

553.

Report on educational opportunities in science, technology, engineering, and mathematics for children who are dependents of members of the Armed Forces

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a description and assessment of—

(1)

current Department of Defense programs intended to improve educational opportunities and achievement in science, technology, engineering, and mathematics for children who are dependents of members of the Armed Forces; and

(2)

Department of Defense efforts to increase opportunities and achievement in science, technology, engineering, and mathematics for children who are dependents of members of the Armed Forces.

II

Military Family Readiness Matters

555.

Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces

(a)

Codification of existing authority

Chapter 88 of title 10, United States Code, is amended by inserting after section 1788 a new section 1788a consisting of—

(1)

a heading as follows:

1788a.

Family support programs: immediate family members of members of special operations forces

; and

(2)

a text consisting of subsections (a), (b), (d), and (e) of section 554 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1788 note).

(b)

Reporting requirement

Section 1788a of title 10, United States Code, as added by subsection (a) of this section, is further amended—

(1)

by redesignating subsection (d), as so added, as subsection (c); and

(2)

by inserting after such subsection the following new subsection (d):

(d)

Annual report

(1)

Report required

Not later than March 1, 2019, and each March 1 thereafter, the Commander, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional defense committees a report describing the progress made in achieving the goals of the family support programs conducted under this section.

(2)

Elements of reports

Each report under this subsection shall include the following:

(A)

A detailed description of the programs conducted under this section to address family support requirements for family members of members of the armed forces assigned to special operations forces.

(B)

An assessment of the impact of the programs on military readiness and on family members of members of the armed forces assigned to special operations forces.

(C)

A description of the special operations-peculiar aspects of the programs and a comparison and differentiation of these programs with other programs conducted by the Secretaries of the military departments to provide family support services to immediate family members of members of the armed forces.

(D)

Recommendations for incorporating lessons learned into other family support programs.

(E)

Any other matters the Commander considers appropriate regarding the programs.

.

(c)

Funding

Subsection (c) of section 1788a of title 10, United States Code, as added by subsection (a) of this section and redesignated by subsection (b)(1) of this section, is amended by striking specified and all that follows through the end of the subsection and inserting , from funds available for Major Force Program 11, to carry out family support programs under this section..

(d)

Elimination of pilot program references and other conforming amendments

Section 1788a of title 10, United States Code, as added by subsection (a) of this section, is further amended—

(1)

by striking Armed Forces each place it appears and inserting armed forces;

(2)

by striking pilot each place it appears;

(3)

in subsection (a)—

(A)

in the subsection heading, by striking Pilot; and

(B)

by striking up to three and all that follows through providing and inserting programs to provide; and

(4)

in subsection (e)—

(A)

in paragraph (2), by striking title 10, United States Code and inserting this title; and

(B)

in paragraph (3), by striking such title and inserting this title.

(e)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after the item relating to section 1788 the following new item:

1788a. Family support programs: immediate family members of members of special operations forces.

.

(f)

Conforming repeal

Section 554 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1788 note) is repealed.

556.

Reimbursement for State licensure and certification costs of a spouse of a member of the Armed Forces arising from relocation to another State

(a)

Reimbursement authorized

Section 476 of title 37, United States Code, is amended by adding at the end the following new subsection:

(p)
(1)

From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the armed forces for qualified relicensing costs of the spouse of the member when—

(A)

the member is reassigned, either as a permanent change of station or permanent change of assignment, from a duty station in one State to a duty station in another State; and

(B)

the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment.

(2)

Reimbursement provided to a member under this subsection may not exceed $500 in connection with each reassignment described in paragraph (1).

(3)

Not later than December 31, 2021, the Secretary of Defense, in consultation with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the congressional defense committees, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report—

(A)

describing the extent to which the reimbursement authority provided by this subsection has been used; and

(B)

containing a recommendation by the Secretaries regarding whether the authority should be extended beyond the date specified in paragraph (4).

(4)

No reimbursement may be provided under this subsection for qualified relicensing costs paid or incurred after December 31, 2022.

(5)

In this subsection, the term qualified relicensing costs means costs, including exam and registration fees, that—

(A)

are imposed by the State of the new duty station to secure a license or certification to engage in the same profession that the spouse of the member engaged in while in the State of the original duty station; and

(B)

are paid or incurred by the member or spouse to secure the license or certification from the State of the new duty station after the date on which the orders directing the reassignment described in paragraph (1) are issued.

.

(b)

Development of recommendations to expedite license portability for military spouses

(1)

Consultation with states

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall consult with States—

(A)

to identify barriers to the portability between States of a license, certification, or other grant of permission held by the spouse of a member of the Armed Forces to engage in an occupation when the spouse moves between States as part of a permanent change of station or permanent change of assignment of the member; and

(B)

to develop recommendations for the Federal Government and the States, together or separately, to expedite the portability of such licenses, certifications, and other grants of permission for military spouses.

(2)

Specific considerations

In conducting the consultation and preparing the recommendations under paragraph (1), the Secretaries shall consider the feasibility of—

(A)

States accepting licenses, certifications, and other grants of permission described in paragraph (1) issued by another State and in good standing in that State;

(B)

the issuance of a temporary license pending completion of State-specific requirements; and

(C)

the establishment of an expedited review process for military spouses.

(3)

Report required

Not later than March 15, 2018, the Secretaries shall submit to the appropriate congressional committees and the States a report containing the recommendations developed under this subsection.

(4)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means the congressional defense committees, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

557.

Temporary extension of extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction

Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154; 50 U.S.C. 3953 note) is amended—

(1)

in paragraph (1), by striking December 31, 2017 and inserting December 31, 2019; and

(2)

in paragraph (3), by striking January 1, 2018 and inserting January 1, 2020.

558.

Enhancing military childcare programs and activities of the Department of Defense

(a)

Hours of Operation of Military Childcare Development Centers

Each Secretary of a military department shall ensure, to the extent practicable, that the hours of operation of each childcare development center under the jurisdiction of the Secretary are established and maintained in manner that takes into account the demands and circumstances of members of the Armed Forces, including members of the reserve components, who use such center in facilitation of the performance of their military duties.

(b)

Matters to be taken into account

The demands and circumstances to be taken into account under subsection (a) for purposes of setting and maintaining the hours of operation of a childcare development center shall include the following:

(1)

Mission requirements of units whose members use the childcare development center.

(2)

The unpredictability of work schedules, and fluctuations in day-to-day work hours, of such members.

(3)

The potential for frequent and prolonged absences of such members for training, operations, and deployments.

(4)

The location of the childcare development center on the military installation concerned, including the location in connection with duty locations of members and applicable military family housing.

(5)

Such other matters as the Secretary of the military department concerned considers appropriate for purposes of this section.

(c)

Childcare Coordinators for Military Installations

Each Secretary of a military department may provide for a childcare coordinator at each military installation under the jurisdiction of the Secretary at which are stationed significant numbers of members of the Armed Forces with accompanying dependent children, as determined by the Secretary. The childcare coordinator may work with the commander of the installation to ensure that childcare is available and responsive to the needs of members assigned to the installation.

559.

Direct hire authority for Department of Defense for childcare services providers for Department child development centers

(a)

In general

The Secretary of Defense may appoint, without regard to any provision of subchapter I of chapter 33 of title 5, United States Code, qualified childcare services providers in the competitive service if the Secretary determines that—

(1)

there is a critical hiring need for childcare services providers for Department of Defense child development centers; and

(2)

there is a shortage of childcare services providers.

(b)

Regulations

The Secretary shall carry out this section in accordance with regulations prescribed by the Secretary for purposes of this section.

(c)

Deadline for implementation

The Secretary shall prescribe the regulations required by subsection (b), and commence implementation of subsection (a), by not later than May 1, 2018.

(d)

Briefing

Not later than 90 days after the end of each of fiscal years 2019 and 2021, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on the use of the appointment authority provided by subsection (a).

(e)

Childcare services provider defined

In this section, the term childcare services provider means a person who provides childcare services for dependent children of members of the Armed Forces and civilian employees of the Department of Defense in child development centers on Department installations.

(f)

Expiration of authority

The appointment authority provided by subsection (a) expires on September 30, 2021.

560.

Pilot program on public-private partnerships for telework facilities for military spouses on military installations outside the United States

(a)

In general

Commencing not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess the feasability and advisability of providing telework facilities for military spouses on military installations outside the United States. The Secretary shall consult with the host nation or nations concerned in carrying out the pilot program.

(b)

Number of installations

The Secretary shall carry out the pilot program at not less than two military installations outside the United States selected by the Secretary for purposes of the pilot program.

(c)

Duration

The duration of the pilot program shall be a period selected by the Secretary, but not more than three years.

(d)

Elements

The pilot program shall include the following elements:

(1)

The pilot program shall be conducted as one or more public-private partnerships between the Department of Defense and a private corporation or partnership of private corporations.

(2)

The corporation or corporations participating in the pilot program shall contribute to the carrying out of the pilot program an amount equal to the amount committed by the Secretary to the pilot program at the time of its commencement.

(3)

The Secretary shall enter into one or more memoranda of understanding with the corporation or corporations participating in the pilot program for purposes of the pilot program, including the amounts to be contributed by such corporation or corporations pursuant to paragraph (2).

(4)

The telework undertaken by military spouses under the pilot program may only be for United States companies.

(5)

The pilot program shall permit military spouses to provide administrative, informational technology, professional, and other necessary support to companies through telework from Department installations outside the United States.

(e)

Funding

Of the amount authorized to be appropriated for fiscal year 2018 by section 421 and available for military personnel as specified in the funding table in section 4401, up to $1,000,000 may be available to carry out the pilot program, including entry into memoranda of understanding pursuant to subsection (d)(3) and payment by the Secretary of the amount committed by the Secretary to the pilot program pursuant to subsection (d)(2).

G

Decorations and Awards

561.

Authorization for award of the Medal of Honor to Garlin M. Conner for acts of valor during World War II

(a)

Waiver of time limitations

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Garlin M. Conner for the acts of valor during World War II described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Garlin M. Conner during combat on January 24, 1945, as a member of the United States Army in the grade of First Lieutenant in France while serving with Company K, 3d Battalion, 7th Infantry Regiment, 3d Infantry Division, for which he was previously awarded the Distinguished-Service Cross.

562.

Authorization for award of Distinguished-Service Cross to Specialist Frank M. Crary for acts of valor in Vietnam

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 3742 of such title to Specialist Frank M. Crary for the acts of valor in Vietnam described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Frank M. Crary on April 7, 1966, as a member of the Army serving in the grade of Specialist in Vietnam while serving with Company D, 1st Battalion (Airborne), 12th Cavalry Regiment, 1st Cavalry Division.

H

Miscellaneous Reporting Requirements

571.

Analysis and report on accompanied and unaccompanied tours of duty in remote locations with high family support costs

(a)

Analysis required

The Secretary of Defense shall conduct a comparative analysis of accompanied tours of duty and unaccompanied tours of duty of members of the Armed Forces in remote locations with high family support costs (including facility construction and operation costs), including—

(1)

the Azores;

(2)

United States Naval Station, Guantanamo Bay, Cuba;

(3)

Okinawa, Japan;

(4)

the Republic of Korea;

(5)

Kwajalein Atoll;

(6)

Al Udeid Air Base, Qatar; and

(7)

such other locations as the Secretary considers appropriate for purposes of the analysis.

(b)

Reporting requirement

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the analysis conducted under subsection (a).

572.

Review and reports on policies for regular and reserve officer career management

(a)

Review required

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a review of the policies of the Department of Defense for the career management of regular and reserve officers of the Armed Forces pursuant to the Defense Officer Personnel Management Act (commonly referred to as DOPMA) and the Reserve Officer Personnel Management Act (commonly referred to as ROPMA).

(b)

Elements of Review

The review required by subsection (a) shall include the following:

(1)

A statistical analysis, based on exit surveys and other data available to the military departments, on the impact that current personnel policies under the Defense Officer Personnel Management Act have on recruiting and retention of qualified regular and reserve officers of the Armed Forces. Specifically, the statistical analysis shall include an estimate of the number of officers who leave the Armed Forces each year because of dissatisfaction with the current personnel policies, including career progression, promotion policies, and a perceived lack of opportunity for schooling and broadening assignments.

(2)

An analysis of the extent to which current personnel policies inhibit the professional development of officers.

(3)

An analysis of the impact that increased flexibility in promotion, assignments, and career length would have on officer competency in their military occupational specialties.

(4)

An analysis of the efficacy of officer talent management systems currently used by the military departments.

(5)

An analysis of the benefits and limitations of the current promotion timelines and the up-or-out system required by policy and law.

(6)

An analysis of the reasons and frequency with which officers in the grade of O–3 or above are passed over for promotion to the next higher grade, particularly those officers who have pursued advanced degrees, broadening assignments, and non-traditional career patterns.

(7)

The utility and feasibility of creating new competitive categories or an independent career and promotion path for officers in low-density military occupational specialties.

(8)

An analysis of how best to encourage and facilitate the recruitment and retention of officers with technical expertise.

(9)

The utility and feasibility of encouraging officers to pursue careers of lengths that vary from the traditional 20-year military career and the mechanisms that could be employed to encourage officers to pursue these varying career lengths.

(10)

An analysis of what actions have been or could be taken within current statutory authority to address officer management challenges.

(11)

An analysis of what actions can be taken by the Armed Forces to change the institutional culture regarding commonly held perceptions on appropriate promotion timelines, career progression, and traditional career patterns.

(12)

An analysis of how the Armed Forces can avoid an officer corps disproportionately weighted toward officers serving in the grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain, if statutory officer grade caps are relaxed.

(13)

The utility and feasibility of allowing officers to repeatedly and seamlessly transition between active duty and reserve active-status throughout the course of their military careers.

(14)

An analysis of the current officer force-shaping authorities and any changes needed to these authorities to improve recruiting, retention, and readiness.

(15)

An analysis of any other matters the Secretary of Defense considers appropriate to improve the effective recruitment and retention of officers.

(c)

Reporting requirements

(1)

Initial report

Not later than March 1, 2018, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating the impact on officer retention of granting promotion boards the authority to recommend officers of particular merit be placed at the top of the promotion list.

(2)

Complete report

Not later than July 31, 2018, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the review conducted under subsection (a).

(3)

Scope of report

If any recommendation of the Secretary of Defense in a report required by this subsection requires legislative or administrative action for implementation, the report shall include a proposal for legislative action, or a description of administrative action, as applicable, to implement such recommendation.

573.

Review and report on effects of personnel requirements and limitations on the availability of members of the National Guard for the performance of funeral honors duty for veterans

(a)

Review required

The Secretary of Defense shall undertake a review of the effects of the personnel requirements and limitations described in subsection (b) with respect to the members of the National Guard in order to determine whether or not such requirements unduly limit the ability of the Armed Forces to meet the demand for personnel to perform funeral honors in connection with funerals of veterans.

(b)

Personnel requirements and limitations

The personnel requirements and limitations described in this subsection are the following:

(1)

Requirements, such as the ceiling on the authorized number of members of the National Guard on active duty pursuant to section 115(b)(2)(B) of title 10, United States Code, or end-strength limitations, that may operate to limit the number of members of the National Guard available for the performance of funeral honors duty.

(2)

Any other requirements or limitations applicable to the reserve components of the Armed Forces in general, or the National Guard in particular, that may operate to limit the number of members of the National Guard available for the performance of funeral honors duty.

(c)

Report

Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review undertaken pursuant to subsection (a). The report shall include the following:

(1)

A description of the review.

(2)

Such recommendations as the Secretary considers appropriate in light of the review for legislative or administrative action to expand the number of members of the National Guard available for the performance of funeral honors functions at funerals of veterans.

574.

Review and report on authorities for the employment, use, and status of National Guard and Reserve technicians

(a)

Review required

The Secretary of Defense shall conduct a review of the following:

(1)

Authority for the employment, use, and status of National Guard technicians under section 709 of title 32, United States Code (commonly referred to as the National Guard Technicians Act of 1968).

(2)

Authorities for the employment, use, and status of National Guard and Reserve technicians under sections 10216 through 10218 of title 10, United States Code.

(3)

Any other authorities on the employment, use, and status of National Guard and Reserve technicians under law.

(b)

Purposes

The purposes of the review under subsection (a) shall be as follows:

(1)

To define the mission and requirements of National Guard and Reserve technicians.

(2)

To identify means to improve the management and administration of the National Guard and Reserve technician workforce.

(3)

To identify means to enhance the capability of the Department of Defense to recruit and retain National Guard and Reserve technicians.

(4)

To assess the current career progression tracks of National Guard and Reserve technicians.

(c)

Consultation

In conducting the review under subsection (a), the Secretary of Defense shall consult with the Chief of the National Guard Bureau, the Chief of Army Reserve, the Chief of Air Force Reserve, and representatives of National Guard and Reserve technicians, including collective bargaining representatives of such technicians.

(d)

Inclusion of recent authorities in review

The Secretary of Defense shall ensure that the review conducted under subsection (a) takes into account authorities, and modifications of authorities, for the employment, use, and status of National Guard and Reserve technicians contained in the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(e)

Required review elements

In meeting the purposes of the review conducted under subsection (a), as set forth in subsection (b), the Secretary of Defense shall address, in particular, the following:

(1)

The extent to which National Guard and Reserve technicians are assigned military duties inconsistent with, or of a different nature than, their civilian duties, the impact of such assignments on unit readiness, and the effect of such assignments on the career progression of technicians.

(2)

The use by the Department of Defense (especially within the National Guard) of selective retention boards to separate National Guard and Reserve technicians from military service (with the effect of thereby separating them from civilian service) before they accrue a full, unreduced retirement annuity in connection with Federal civilian service, and whether that use is consistent with the authority in section 10216(f) of title 10, United States Code, that technicians be permitted to remain in service past their mandatory separation date until they qualify for an unreduced retirement annuity.

(3)

The impact on recruitment and retention, and the budgetary impact, of permitting National Guard and Reserve technicians who receive an enlistment incentive before becoming a technician to retain such incentive upon becoming a technician.

(f)

Reporting requirement

Not later than April 1, 2018, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(1)

the results of the review conducted under subsection (a), including a discussion of the matters set forth in subsections (b) and (e); and

(2)

such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the review in order to improve and enhance the employment, use, and status of National Guard and Reserve technicians.

575.

Assessment and report on expanding and contracting for childcare services of the Department of Defense

(a)

Assessment required

The Secretary of Defense shall conduct an assessment of the feasibility and advisability of the following:

(1)

Expanding the operating hours of childcare facilities of the Department of Defense in order to meet childcare services requirements for swing-shift, night-shift, and weekend workers.

(2)

Using contracts with private-sector childcare services providers to expand the availability of childcare services for members of the Armed Forces at locations outside military installations at costs similar to the current costs for childcare services through child development centers on military installations.

(3)

Contracting with private-sector childcare services providers to operate childcare facilities of the Department on military installations.

(4)

Expanding childcare services as described in paragraphs (1) through (3) to members of the National Guard and Reserves in a manner that does not substantially raise costs of childcare services for the military departments or conflict with others who have a higher priority for space in childcare services programs, such as members of the Armed Forces on active duty.

(b)

Reporting requirement

Not later than September 1, 2018, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the assessment conducted under subsection (a).

576.

Review and report on compensation provided childcare services providers of the Department of Defense

(a)

Review required

The Secretary of Defense shall conduct a review of the compensation provided for childcare services providers within the Department of Defense, including positions subject to General Schedule pay grades and positions occupied by nonappropriated fund instrumentality employees.

(b)

Elements of review

The review conducted under subsection (a) shall include the following:

(1)

A comparison of the compensation provided for childcare services provider positions within the Department with the compensation provided to childcare services providers in the private sector who provide similar childcare services.

(2)

An assessment of the mix of General Schedule pay grades and compensation levels for nonappropriated fund instrumentality employees currently required by the Department to most effectively recruit and retain childcare services providers for dependents of members of the Armed Forces.

(3)

A comparison of the budget implications of the current General Schedule pay grade mix and nonappropriated fund instrumentality compensation levels with the pay grade mix and compensation levels determined pursuant to paragraph (2) to be required by the Department to most effectively recruit and retain childcare services providers for dependents of members of the Armed Forces.

(c)

Reporting requirement

Not later than September 1, 2018, the Secretary of Defense shall submit to the Commit